SHREEKANT PARASAPPA JANGALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Sec. 482 of Crimial P.C. praying the Court to quash the impugned FIR, complaint and the charge-sheet produced as at Annexures-C, D, E and F, respectively, in Crime No.227/2015 and all further proceedings now numbered as Spl.Case (SC/ST) No.27/2016 for the alleged offence under Sections 417, 328, 306 and 376 of Penal Code and Sec. 4 of Protection of Children from Sexual Offences Act and Sec. 3(2)(v) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Brief facts of the prosecution case as averred in the petition are that one Sharada D/o Irappa Lamani alias Pujar, aged: 17 years, R/o. Hattimattur Tanda, had consumed poison by mistake to be medicine for her ailment, and hence she was admitted to Government Hospital, Savanur, wherein her statement is recorded by the Police Officer of Savanur Police Station in the presence of the duty medical officer Government Hospital, Savanur, in which she has clearly stated that on the said day i.e. on 11.12015 around 8 o' clock in the night, her father, mother and uncle's children, were there in her house. It is stated by her that, since long she was suffering from illness and weakness etc., and her parents got treatment to her at Ashwini Hospital Haveri and she was given tablets and syrups. Around 8.00 p.m. she felt giddiness and assuming that if she take the syrup she will feel comfortable and as such went and by mistake accidentally picked up a bottle wrongly which was a poisonous liquid meant for killing pesticides on the cattle. Her parents saw the same and called 108 ambulance and got her admitted in Government Hospital, Savanur. While being treated she felt comfortable and stated that she doesn't have any kind of complaint against anyone which is recorded by Savanur Police in the presence of the medical officer at 21.20 hours. In the MLC Register and case-sheet maintained in the Government Hospital Savanur, it is mentioned that said Sharada d/o Irappa Lamani had been admitted to Government Hospital with alleged history of poison liquid pesticides taken at 8.00 p.m. in her house, taken for medical illness on her father saying and started the treatment. The further allegation that this being so, one Irappa Lamani, the father of said Sharada, lodged a complaint with Savanur Police from District Hospital, Haveri, the next day around 5.00 p.m. alleging that he is resident of Hattimattur Tanda and two of his daughters are given in marriage and his younger daughter Sharada is aged about 17 years and this petitioner was in close terms with his said daughter since she was going to his land to work and also alleges that petitioner had been visiting their house frequently, which was seriously objected by the complainant, and the petitioner had been warned, so also, his daughter. The petitioner inducing her of getting married, had physical contact with his daughter and his said daughter had determined to marry the petitioner. It is further stated in complaint that about 5-6 days prior to the incident, petitioner's father had told the complainant that they have seen a bride for his son and asked him not to permit the petitioner to visit their house and stated that he has asked petitioner not to come to their house and alleges that the petitioner has said that he is going to marry the complaint's daughter.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned HCGP appearing for the respondent-State, so also, the learned counsel for respondent No. 2/complainant.