MAHANTASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition by A-16 to A-18 against the order dated 17-10-1985 passed by the Magistrate, Yelburga, in Criminal Case No.157/85 proposing to frame a charge against them for the offences under Ss. 143, 147, 148, 504, 506, 323, 324, 354, 355, 341, 448, 342, 109 read with S.149, I.P.C.

(2.) A-16 Mahanataswamy is stated to be the Matadipathi of a Mutt Known as Mysore Mutt situate in Kudrimoti village of Yelburga taluk. Virupaksha Gowda, C.W. 2, was working as a teacher in a Primary School at Kudrimoti. He was living with his wife Parvatavva C.W. 1 and his children including C.Ws. 3 and 4 in Kudrimoti. His wife Parvatavva C.W. 1 was going to the said Mutt to offer prayers to the Gaddige and also for attending Akkana Balaga. According to the prosecution, on 9-4-1985 Parvatavva C.W. 1 had gone to the Mutt and at that time A-16 had an occasion to see her and requested her to have illicit connection with him. According to the prosecution, Parvatavva C.W. 1 resented that move made by A-16 and told him that it was not proper for him to make such illicit advances towards her. She came back to the house but did not inform her husband C.W. 2 fearing that something untoward might happen to her.

(3.) On 10-4-1985, she again went to the Mutt. According to the prosecution, A-16 told her on that day that it was wrong on his part to have talked to her like that the previous day. She came back.