SHIVARATHNAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case is based on the complaint dated 28.11.2017 and the incident is dated 07.08.2017. The complaint is lodged in Crime No.231/2017 by the respondent-Police Station for the offences punishable under Sections 323, 504, 506 and 149 of IPC and Sections 3(1)(c), 3(1)(r), 3(1)(s) and 3(2)(v-a) of SC/ST (POA) Act, 1989.

(2.) It is stated in the complaint that on 07.08.2017 at about 7.00 pm., when the complainant was going towards bus stand and when he came in front of the houses of Kanakaiah and Madaiah, at that time, the accused persons are stated to have used abusive language in the name of caste and abused in filthy language and assaulted him on his body, face and head.

(3.) Learned counsel for the petitioners would submit that the date of lodging the complaint is 28.11.2017 and the incident is dated 07.08.2017. Hence, there is a delay of 3- 1/2 months in lodging the complaint. In turn, learned High Court Government Pleader would submit that the petitioners had threatened the complainant. Thus, the complainant did not lodge the complaint with the fear of attack by the accused persons.