- 1 - CRL.P No.100612 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 07TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO.100612 OF 2020 BETWEEN: 1. G. MOHANLAL @ MOHANJI S/O. GAMANMAL, AGE: 59 YEARS, OCC: MERCHANT, R/O: H.B. HALLI ROAD, KOTTUR, DIST: BALLARI. 2. VISHAL KUMAR M. @ VISHALJI S/O. G. MOHANLAL, AGE: 30 YEARS, OCC: MERCHANT, R/O: H.B. HALLI ROAD, KOTTUR, DIST: BALLARI. …PETITIONERS (BY SRI H.R. DESHPANDE, ADV. FOR PETITIONERS) AND: 1. THE STATE OF KARNATAKA, BY IO AND THE DY. SP. KUDLGI, SUB. DIVISION, KUDLGI, DIST: BALLARI, THROUGH ITS SPP, HIGH COURT OF KARNATAKA, DHARWAD. 2. SRI D. VENKATESH S/O. KOTRAPPA, AGE: 52 YEARS, OCC: FARMER, R/O: HYALYA VILLAGE, PINCODE-583134, TQ: KOTTUR, DIST: BALLARI. …RESPONDENTS (BY SRI PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) - 2 - CRL.P No.100612 of 2020 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN SPECIAL CASE NO.342/2020 (CR.NO.119/2019 OF KOTTUR P.S., KOTTUR CIRCLE, BELLARI) PENDING ON THE FILE OF THE FIRST ADDL. DISTRICT JUDGE & SPECIAL JUDGE, BALLARI FOR THE OFFENCES PUNISHABLE U/SEC.306 IPC AND U/SEC.3(2)(V) OF SC/ST (P.O.A) 1989 AGAINST THE PETITIONERS IN THE INTEREST OF EQUITY AND NATURAL JUSTICE. THIS CRIMINAL PETITION, HAVING BEEN HEARD AND RESERVED ON 12.11.2024, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON’BLE MS. JUSTICE J.M.KHAZI CAV ORDER (PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioners who are accused Nos.1 and 2 have filed this petition under Section 482 of Cr.P.C, to quash the criminal proceedings initiated against them in Spl.C.No.342/2020 on the file of I Additional District Judge and Special Judge, Ballari, for the offences punishable under Section 306 of IPC and Section 3(2)(V) of SC/ST (POA) 1989. 2. In support of the petition, the petitioners have contended that there are no reasonable grounds to believe that the petitioners have committed the offences - 3 - CRL.P No.100612 of 2020 punishable under Section 306 of IPC and Section 3(2)(v) of SC/ST (POA) 1989. The petitioners have been falsely implicated in case to harass them and tarnish their image. There is no motive and intention on the part of the petitioners to commit the alleged offences. The complaint does not disclose any overt act or alleged words to attract offences. It is alleged that on 29.10.2026 deceased was climbing the coconut tree and fell down from the tree. He was provided with the best medicine at the Government Hospital, Kotturu, Davanagere. On humanitarian grounds, petitioner No.1 has borne the entire expenses. He was completely cured and was able to walk around. 3. Thereafter, there was no relationship between the petitioners and the deceased. No complaint was filed immediately and deceased used to blame himself for the incident. There is no nexus between the said incident and the deceased committing suicide. As an afterthought, the present complaint is filed. The continuation of the criminal proceedings against the petitioners would amount to abuse - 4 - CRL.P No.100612 of 2020 of the process of the Court and pray to allow the petition and quash the criminal proceedings. 4. Learned HCGP representing the State submitted objections stating that the eldest son of the complainant by name Kottresh was doing coolie work as a Hamal in Mohan Enterprises belonging to accused Nos.1 and 2. On 29.10.2016 accused No.1 called the deceased for plucking coconuts from the coconut tree in his compound. He fell down and sustain fracture and he was being taken to the Government Hospital. Immediately, he went to the hospital and came to know that both accused persons were forced him to climb the coconut tree to pluck coconuts, even though he repeatedly told them that he did not know how to climb up the coconut tree. He had sustained fracture of his right leg. He was taken to Davanagere for treatment and from there to Manipal Hospital. Since accused No.1 requested them not to file a complaint as they would bear all the expenses of the treatment, therefore he did not file a complaint. - 5 - CRL.P No.100612 of 2020 5. A Panchayat was held by BSR Moganna, M.A.T Ramanna with the accused persons and they agreed to pay compensation a sum of ₹1,00,000/- and also bear the entire treatment expenses. After one year, the rod inserted in the leg was removed. The rod inserted in the left knee was supposed to be removed after one more year. After the incident, Kotresh went into depression and was under constant stress. He was worried that on account of accident, he could not work and earn. 5.1 On 06.08.2019, which was the Panchami festival, Kottresh did not eat lunch properly. He was constantly lamenting that because of his handicap, he is unable to work and has become dependent on his parents. At 8.30 p.m, he went to his room. They also slept at 9.00 p.m. On 07.08.2019 at 1.45 a.m, complainant heard noise from the room and went near the room and it was locked. He saw from the window that, the sound was coming from Kottresh mouth and nose. He along with his family members and neighbour Lokesh and Charlie Ramappa broke open the door and found that blood was - 6 - CRL.P No.100612 of 2020 coming from the nose and Kottresh was smelling of pesticide and he was unconscious. Immediately, he was taken to the hospital, where he was declared as brought dead. He had left a death note in his pant pocket, wherein he has stated that on account of handicap suffered by him, he is committing suicide and both accused persons are responsible for his death and accordingly, the complaint is filed. 5.2 Based on the complaint, the concerned police have registered the case and after conducting a detailed investigation, the charge sheet is filed against the petitioners. It makes out a strong prima facie case to proceed against the petitioners. The charges leveled against the petitioners are required to be established in trial. In the light of the prima facie case made out against the petitioners, the prosecution case cannot be thrown out without providing opportunity to it and pray to dismiss the petition. 6. Heard arguments and perused the record. - 7 - CRL.P No.100612 of 2020 7. The undisputed facts are that deceased Kotresha was working as a Hamal in Mohan Enterprises belonging to accused No.1. On 29.10.2016, he sustained fracture due to fall from the coconut tree while plucking coconut. It is alleged that accused No.1 forced him to climb the coconut tree, even though he was not knowing how to climb the coconut tree. It is the specific case of the prosecution that a Panchayath was held, wherein the accused persons agreed to bear all the expenses of his treatment and also pay a sum of ₹1,00,000/-. Despite prolonged treatment, he was not completely cured and he became handicap. He was always stressed and worried that he is unable to do any work and has became dependent on his parents. It is alleged that for this reason, he committed suicide. He has left a death note, blaming the petitioners that they forced him to climb the tree and he became handicap and ultimately committed suicide. 8. During the course of investigation of the case, statements of several witnesses were recorded, who are witnesses to the incident and also the fact that he was - 8 - CRL.P No.100612 of 2020 stressed and lost interest in living and ultimately committed suicide. There is also a suicide note left by the deceased blaming the petitioners for the miserable situation in which he is placed and that it amounts to abetment to committing suicide. For this reason, there is prima facie material to proceed against the petitioners. As rightly argued by the learned HCGP, in the light of the material placed in the charge sheet, the prosecution case cannot be thrown away and quashed. Of course, the petitioners should get sufficient opportunity to defend themselves and prove their innocence. For the above said reasons, this Court is of the considered opinion that the petition is liable to be dismissed and accordingly the following: ORDER Petition filed by the petitioners/accused Nos.1 and 2 under section 482 Cr.PC is hereby dismissed. SD/- (J.M.KHAZI) JUDGE ASN CT: UMD