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Sri Paramesha Gowda vs The State on 10 November, 2017

1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 10TH DAY OF NOVEMBER, 2017

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO. 8370/2017
BETWEEN
1. SRI. PARAMESHA GOWDA,
AGED ABOUT 48 YEARS,
S/O LATE SIDDE GOWDA,
R/AT AMBALE VILLAGE,
CHIKKAMAGALURU TALUK
AND DISTRICT – 571 605

2. SMT.SUVARANAMMA,
AGED ABOUT 45 YEARS,
W/O PARAMESHA GOWDA,
R/AT AMBALE VILLAGE,
CHIKKAMAGALURU TALUK
AND DISTRICT.

3. SMT.LAVANYA,
AGED ABOUT 22 YEARS,
W/O MANJUNATH,
R/AT BANK ROAD,
HOSABADAVANE,
AMBALE VILLAGE,
CHIKKAMAGALURU TALUK
AND DISTRICT.

4. SRI. REVANNA GOWDA,
AGED ABOUT 65 YEARS,
S/O LATE SIDDE GOWDA,
R/AT AMBALE VILLAGE,
CHIKKAMAGALURU TALUK
AND DISTRICT.

5. SRI MANJUNATHA @ MANJA,
AGED ABOUT 26 YEARS,
2

S/O CHOWDE GOWDA,
R/AT BANK ROAD, HOSABADAVANE,
AMBALE VILLAGE, CHIKKAMAGALURU
TALUK AND DISTRICT – 571 605.

6. SRI. HARISHA,
AGED ABOUT 30 YEARS,
S/O REVANNA GOWDA,
R/AT AMBALE VILLAGE OF
CHIKKAMAGALUR TALUK
AND DISTRICT … PETITIONERS

(BY SRI. P. P. HEGDE, ADV.)

AND

1. THE STATE – THROUGH THE
POLICE SUB-INSPECTOR,
WOMEN POLICE STATION,
TUMAKURU TOWN, TUMAKURU,
(REP. BY THE STATE PUBLIC
PROSECUTOR, HIGH COURT OF
KARNATAKA, BENGALURU-560 001)

2. RAJASHEKAR,
S/O CHIKKAIAH, AMBALE VILLAGE,
CHIKKAMAGALURU TALUK AND
DISTRICT, KARNATAKA – 571 605.
… RESPONDENTS

(BY SRI. S. RACHAIAH, HCGP FOR R-1.)

THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO
QUASH THE FIR IN CR.NO.87/2017 OF WOMEN POLICE
STATION, TUMAKURU TOWN, TUMAKURU FOR THE
OFFENCES P/U/S 304B, 498A, 114 R/W 34 OF IPC AND
SEC.3(1)(r), 3(1)(s), 3(2)(V) OF SCHEDULED CASTES
AND SCHEDULES TRIBES (PREVENTION OF
ATROCITIES) ACT, PENDING ON THE FILE OF THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE,
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TUMAKURU DISTRICT, TUMAKURU IN SO FAR AS THE
PETITIONERS ARE CONCERNED.

THIS CRL.P COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioners and

the learned High Court Government Pleader for the first

respondent – State. I have carefully perused the FIR.

2. The learned counsel for the petitioners has

submitted that on plain reading of the FIR, prima facie it

does not show any ingredients of any offence committed

under the SC/ST (POA) Act, 1989. He further submits

that under the said Act, the entire family of the

petitioners have been dragged and implicated therein,

though the allegations are not sufficient to specifically

implicate them. In this background, it is just and

necessary to look into the FIR averments to ascertain

the above said aspect.

3. A person by name Rajashekhar resident of

Ambale village has lodged a complaint before the Mahila

Police Station, Tumkur. He has categorically stated
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that, A.R. Kavya was his elder daughter and that, when

she was studying, Accused No.1 A.P. Girish fell in love

with that girl and in spite of their best advice, they did

not heed to the request of anybody and they left the

house in the year 2000 and in this regard, a police

complaint was also lodged. Thereafter, on 20.08.2017,

they came back and got married themselves in a temple

and they also got registered their marriage in the

SubRegistrar’s Office at Chikkamagalur.

4. In this context, it is said that the family

members of Girish were not liking the said Kavya as she

belong to Adi-karnataka community, whereas the

petitioners and others belong to Kuruba community. In

this background, it is alleged that all the family

members started provoking and also instigating the said

Girish to ill-treat and harass the said girl in order to

throw her out from the matrimonial home and it is also

stated that she was actually thrown out from the

matrimonial home, though they were having knowledge

that she was pregnant.

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5. Further, it is stated in the FIR that all the

persons started abusing her with reference to her caste

as she belong to SC and ill-treated and harassed her, by

instigating the accused Girish to throw her out. Further,

it is alleged that, on 5.9.2017 in the night hour, the

said girl telelphoned to her father, the complainant

stating that she could not tolerate the ill-treatment and

harassment, and therefore, she cannot say that she

could survive or not in the said house. By saying so,

she disconnected the phone call and thereafter, the

complainant came to know that she has committed

suicide in the house of the Accused (Petitioners).

6. On careful perusal of the relevant provisions, of

course, as argued by the learned counsel for the

petitioners, it creates some doubt as to whether those

incidents have happened in the public view or not.

Nevertheless, the incident as narrated occurred in the

public view or not is not specifically stated and

therefore, it has to be thrashed out during the course of

full dressed investigation.

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7. Even according to the act, as submitted by the

learned HCGP for the State, the intention need not be

necessary but knowledge of victim belongs to SC

community itself is sufficient. Under the above said

facts and circumstances of the case, I am of the opinion

that the FIR discloses certain aspects, which attract

certain provisions. The Police have to investigate

whether the provisions would attract or not, during the

course of investigation so as to file appropriate report to

the court. The First Information report itself cannot be

an encyclopedia to come to a definite conclusion at this

stage. Under the above circumstances, I do not find

any strong reasons to quash the FIR itself at this stage.

Hence, the petition is devoid of merit and the same is

liable to be dismissed.

Accordingly, dismissed.

Sd/-

JUDGE

PL*

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