B NARAYANASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition under Section 438 of Cr.P.C. The respondent-Police registered complaint against the petitioner in Crime No.387/2017 for the offence punishable under Sections 324, 504 and 506 and Sections 3(1)(x), 3(1)(xi) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The complaint was made by one Smt. N. Dhanalakshmi stating that petitioner had received Rs 12,00,000/- (Rupees Twelve Lakhs only) towards advance for having let out to her a building in which she was running a Paying Guest Hostel. It appears that this petitioner did not return the advance money of Rs 12,00,000/- (Rupees Twelve Lakhs only) and for this reason there was some dispute between them. To resolve this dispute, the Police called both of them to Station on 13.12.2017. After coming out of Police Station at about 7.40 p.m., the petitioner was said to have abused her by saying as [1] Then, he assaulted on her hands with his helmet causing bleeding injuries.

(3.) Learned counsel for the petitioner argues that the allegations made in the complaint are false. The complainant did not pay rent regularly. She was due to pay Rs 9,10,000/- (Rupees Nine Lakh Ten Thousand only) to the petitioner. Therefore, he got issued a notice to her. To this notice, the complainant also got issued a reply through her Advocate. Thereafter, he filed a suit against the complainant for recovery of arrears of rent and to evict her. When this civil case is pending before this Court, it is highly impossible that this petitioner would go to the extent of taking the caste name of the complainant for insulting her. He further argues that the petitioner is an Advocate having 47 years of standing at the bar. The petitioner is well aware of the consequences. The complaint was made only for the purpose of harassing the petitioner. Bare reading of the complaint does not disclose ingredients to be essentially present to attract the offences. He refers to the judgment of Hon'ble Supreme Court in the case of Asmathunnisa vs. State of Andra Pradesh, 2011 AIR(SC) 1905.