KEMPANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition field under Section 482 of the Code of Criminal Procedure praying to quash that part of the investigation in respect of Section 3(2)(v) of S.C. & ST. (Prevention of Atrocities)Act, 1989 herein after called as 'the Act' tor short, registered by the Chickkajala Police in Crime No. 89/96.

(2.) Brief facts for the purpose of disposal of this crime petition are that the complainant Ravikumar lodged a report with the Chickajala police stating that one Munikrishna, who was the deceased in the case was his elder brother. On 5.8.1996 at about 5.30 a.m. his brother deceased Munikrishna had gone to answer call of nature time one Kempanna s/o Muniswamappa and Raja s/o Byregowda, Nanjegowda, Suresha s/o Narayanappa, Manjappa s/o Oni Munishamappa, Jagadish s/o Krishnappa, S.N.Nagaraj s/o Munishamappa, Raja s/o, Gowdara Ramanna and Satish s/o Muninanjappa came there to assault the deceased Munikrishna, accused persons first threw chilly powder on the face of the deceased and thereafter assaulted on his head with clubs, crushing the head of the deceased Munikrishna. According to the complainant, the incident was witnessed by his uncle Narasimhaiah, Thereafter, the complainant and his uncle Narasimhaiah took the injured to the police station and from there he was taken to National Institute of Mental Health and Neuro Sciences, Bangalore for treatment and the injured Munikrishna died at about 3.45 p.m. on the same day. The complainant, Ravikumar, the brother of the deceased in his complainant, Ravikumar, the brother of the deceased in his complaint has specifically stated that the accused Persons assaulted the deceased in view of the previous enemity and vengeance. On receipt of the complaint, the Chickajala police registered crime No. 89/96 for offences punishable under Sections 143, 147, 148, 149, 307 of IPC and also under Section 3(2)(v) of the Act and started investigation.

(3.) It is not the investigation commenced by the police for the offences under IPC, which is challenged in this petition, but the petitioners are questioning the registration of the case under the Act. Sri C.H. Hanumantharaya, Learned Counsel appearing for the petitioners submitted that in the complaint lodged with the police, by none other than the brother of the deceased namely, Ravikumar clearly specified that the motive for the commission of the offence is in view of the earlier enemity and nowhere in the complaint, it is stated that the offence has been committed by the accused persons on the ground that the deceased belonged to either Scheduled Caste or Schedule Tribe, to attract the provisions of the Act. It is submitted that there was no material at all in the complaint for the police officer or the S.H.O. of the Station to register a case also under Section 3(2)(v) of the Act. Therefore, he submitted that the investigation being carried out by the police to make out an offence under the Act is most unwarranted and illegal and the police have no jurisdiction to investigate the same.