SHRI. VIJAY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned HCGP for the respondent-Sate. Perused the materials placed before this Court.

(2.) One Sri. Ashok Sumant Vannur, R/o. Tallur village of Saundatti Taluk, had lodged a complaint against the present petitioner on 08.03.2018 alleging that on 02.03.2018 at about 10.00 am, while the people in their locality, who were all belonging to Scheduled Caste in Tallur village, were making preparation for 'Kama Dahana', at that time the present petitioner went there and picked up quarrel with the son of the complainant by name Arun and abused him by taking the name of his caste and abused him as 'Holya Soolimaga'. Thereafter, the complainant and other people pacified them. The accused left the place putting a life threat to the said Arun. The complainant police registered the said complaint in their station in Crime No. 89/2018 against the present petitioner for the offences punishable under Sections 324, 341, 504 and 506 of IPC R/w. Section 3(1)(r) and 3(1)(s) of SC/ST (POA)Act.

(3.) The learned counsel for the petitioner in his argument submitted that, at the outset, the alleged offence under the SC/ST(POA) Act would sustain for the reason that the petitioner/accused himself belongs to Scheduled Caste. In that regard, he also produced a Caste Certificate issued by the competent Authority in favour of the petitioner. He further submitted that, the entire complaint is falsely created and a reading of the complaint would make out even a prima facie case.