BASAVARAJ Vs. KALAKAYYA KURADAGIMATH

JUDGEMENT

(1.) This petition is come up for admission. The learned counsel for the petitioner prays time. There are no grounds to adjourn the matter.

(2.) The petition is filed under Section 482 of Cr.P.C., seeking to quash the entire proceedings against the petitioner on the file of Spl. SC/ST case No.30/2014 on the file of I Addl. District and Special Judge, Dharwad registered for the offences punishable under Sections 354, 376, 504, 506 r/w 34 of IPC and under Section 3(1)(11) of SC/ST PA Act.

(3.) The substance of the case is that the daughter of the victim filed a complaint against the petitioner. The complainant is studying at KLE IT college, her father is working as Engineer in PWD Department and complainant along with her family members are staying at Hubballi. It is alleged that, on 15.08.2014 in the morning at about 10.00 a.m., complainant, her sister, mother and one Vidya Patil friend of her mother left to Goa for vacation trip and on 16.08.2014, this petitioner constantly started to call her mother over phone and started to enquire about them. It is further alleged that on 17.08.2014 at about 2.00 a.m. in the midnight this petitioner came to their Hotel and he also stayed in the same hotel and at about 11.00 a.m., when complainant and her mother were near beach side petitioner came there and started to mock her mother and at about 12.00 p.m. complainant's father called her mother over phone and told them to come back to Hubballi. Since he was leaving to Bangalore for official work, the petitioner hearing the same got enraged and threatened to kill her father. It is further alleged that on, 09.09.2014 at about 4.00 p.m., when complainant was at home the petitioner came near the house and started to abuse her father in filthy language and threatened them with dire consequences.