HOMBEGOWDA T Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners, Counsel for respondent No.2 and the learned High Court Government Pleader for the State/respondent No.1. Perused the records.

(2.) The petitioners have sought for quashing of the entire proceedings in S.C.No.106/2014 registered against them for the offences under Sections 504, 306 read with Section 34 of IPC.

(3.) The allegations made in the entire charge sheet papers are that the accused persons have taken the property of the respondent No.2 and his mother by name Gowramma, which is a barren house, in the year 2008 for a sum of Rs.3, 50, 000/-. However, the said amount was not paid even at the time of registration of the said document on the assurance that they will pay the said amount later. Inspite of repeated requisitions and demands, the said amount was not paid. For that, the complainant/respondent No.2 has not given his photograph and he has not put his thumb impression to the documents and he came back. Petitioner No.1 has raised objections with regard to the registration of the said document, etc. In this context, it is alleged that there was a compromise between the parties. In that compromise, in the presence of the elders of the village, the petitioners have accepted to pay the money but inspite of that also, they did not make the payment. In this context, it is alleged that about a month prior to 8.7.2012, the respondent No.2 and his mother have asked money with the petitioners in a public road. The petitioners have abused the mother of the complainant as a 'bitch' and they are not entitled for any money and also abused her 'to go and die'. At that time, some publics were also present. Even on 8.7.2012 again they went and requested for money. At that time also, the petitioners have abused the mother of the second respondent with filthy language and also once again called her as 'bitch', 'prostitute' and asked her 'to go and die'. It is alleged that being frustrated with those abusive words used by the petitioners, on the same day at 6.30 p.m., mother of the second respondent herein has committed suicide by hanging herself to a tree situated in the backyard of her house. Hence, because of the abusive words consistently made by the petitioners, said lady has died and as such, the petitioners have abetted the commission of suicide. Making such allegations, a complaint was lodged in this regard on 9.7.2012. The Police have registered a case in Crime No.192/2012 and after thorough investigation, they have filed charge sheet before the court.