High Court expresses concern over police handling of civil cases

NT Correspondent

Bengaluru: The High Court of Karnataka has sentenced 10 people on seven counts with sentences ranging from two months to one year for assaulting members of Schedule Castes for complaining against upper caste people.

All the accused from Dunda village in Tumakuru district were earlier acquitted by a Trial Court in 2011.

Overturning the lower court verdict and refusing the contention of the accused for a lenient view, the HC said, "This Court cannot lost (lose) the sight of the fact that without any justification, the accused have chosen to enter the ‘Harijan’ colony and indiscriminately assault the complainant and others for the simple reason that two of them approached the police and complain against accused No.1,” the HC said.

A complaint had been filed by members of the Scheduled Castes against one DR Sudeep with regard to an incident that took place on the land of one Shivamurthy.

"The accused have chosen to assault complainant and others for the simple reason that though they belong to Schedule Caste, they had the courage or audacity of complaining against person belonging to forward community," Justice JM Khazi noted in his recent verdict while setting aside the judgement of the III Additional Sessions Court, Tumakuru which had acquitted the accused.

There were a total of 11 accused in the case: DR Sudeep, Jayamma, Nataraja, BK Srinivas, DK Shankaraiah, DB Shivakumar, Harsha, BS Shivalingaiah, DN Prakash, Gowramma and Kalpana. Shivalingaiah died during the course of the trial.

They were charged under Sections 143 (unlawful assembly), 147 (rioting), 148, 323 (voluntarily causing hurt), 324, 149 of the Indian Penal Code (IPC) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The original complaint was filed by Lakshmamma on August 14, 2008. The accused had allegedly barged into the Harijan Colony "where all the Dalits are having their residence and referring to their caste, abused them. They assaulted the complainant and others with clubs, stones and caused bleeding injuries."

The lower court disposed of the case on June 23, 2011 acquitting the accused. The State did not file an appeal, but Lakshmamma filed a criminal appeal in the High Court in 2011.