- 1 - NC: 2025:KHC-D:1465 CRL.P No. 104174 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 104174 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. ASHOK BHAT S/O. SUBRAY BHAT AGE. 41 YEARS, OCC. AGRICULTURE, R/O. JADDI GADDE, POST. KODNAGADDE, TQ. SIRSI, DIST. KARWAR(UK) - 581401. 2. SMT. SUNANDA BHAT W/O. SUBRAY AGE. 69 YEARS, OCC. HOUSE WIFE, R/O. JADDI GADDE, POST, KODANAGADDE, TQ. SIRSI, DIST. KARWAR (UK)- 581401. …PETITIONERS (BY SRI. AVINASH M ANGADI, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH SIRSI RURAL POLICE STATION, SIRSI, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD - 580001. 2. SMT. SUMA GANESH BHOVIVADDAR AGE. 35 YEARS, OCC. HOUSE WIFE, R/O. HOSA GADDE, POST, KODANA GADDE, TQ. SIRSI, DIST. KARWAR (UK) - 581401. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. VISHWANATH HEGDE AND SMT. TANUJA HEGDE, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS AS AGAINST THEM IN FIR CRIME NO. 118/2019 REGISTERED BY SIRSI RURAL P.S, SIRSI AND SPL. C. NO.80/2021 PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, U.K.KARWR, FOR THE OFFENCES PUNISHABLE U/S 3(1)(r)(s) OF SC/ST (POA) ACT 1989 AND AMENDMENT ACT 2015 AND SECTION 354, 324, 504, 506 OF IPC. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.29 15:27:29 +0530 - 2 - NC: 2025:KHC-D:1465 CRL.P No. 104174 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners/accused are charge-sheeted for offences punishable under Sections 354, 324, 504, and 506 of the IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as amended by the Amendment Act, 2015. 2. The case of the prosecution is that on 6.10.2019, while the accused were putting up fencing, the de facto complainant came to the said land, stating that her husband was not in town and asked them to stop the work. It is alleged that the accused then abused her in filthy language, referencing her caste, outraged her modesty, and assaulted her. 3. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for the respondent-State, and the learned counsel for respondent No.2. 4. The alleged incident occurred on 6.10.2019, and the further statement of the de facto complainant was recorded on 5.2.2020. The statements of the alleged eyewitnesses under Section 161 of the Cr.P.C. were recorded on 27.02.2021. 5. Rule 7(2) of the SC/ST (Prevention of Atrocities) Rules, 1995, mandates that the Investigating Officer shall complete the investigation on a priority basis and submit the report to the Superintendent of Police, who shall forward it to the Director General of - 3 - NC: 2025:KHC-D:1465 CRL.P No. 104174 of 2022 Police within 60 days, inclusive of the investigation and filing of the charge sheet. 6. In the present case, the investigation commenced on 6.10.2019 and was completed on 6.3.2021, after a delay of more than 1.5 years. The incident allegedly occurred during an argument between the accused and the de facto complainant. The wound certificate indicates that the de facto complainant sustained redness on her shoulder and right thigh, with no external injuries noted. The injuries are described as simple in nature. Additionally, the names of the alleged assailants are not mentioned in the wound certificate. 7. In the absence of corroborative material to substantiate the allegations, there is no substantive evidence to prove that the de facto complainant sustained injuries due to the alleged assault by the accused. 8. Therefore, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. ORDER i. The petition is allowed. ii. The impugned proceedings in Spl.C.No.80/2021 on the file of the II Additional District and Sessions Judge, U.K. Karwar, are hereby quashed. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh/List No.: 1 Sl No.: 50