Daijiworld Media Network - Mangaluru (SP)

Mangaluru, Nov 7: In a major setback to Sundar Malekudiya from Kataje in Neriya, Beltangady taluk, whose fingers had been chopped off allegedly by Gopalkrishna Gowda and his family members in a deadly attack a few months ago, the state high court (HC) has dismissed the case registered under the provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989. In addition, the HC also sanctioned bail to the accused.

A murder attempt case on Sunda Malekudiya had been registered against his neighbours, Gopalkrishna Gowda, Vasant Gowda, Damayanti, and Pushpalata. The policemen had brought the case under the above act. The HC, which has held that registration of case under SC and ST Atrocities Act was illegal, has held the case void.

Alleging that Sundar Malekudiya and his family members had encroached upon their property, the accused had attacked them. The HC upheld arguments made by advocates for the accused, that false case was registered by the police under the SC and ST Atrocities Act after coming under pressure. It also concurred with the view of the advocates that the complainants, duly taking shelter under their castes, had registered false case under this law, although this case purely pertains to property dispute, and no crime was committed under the aforesaid act.

The HC held that in such cases, the police have no right to register cases under the atrocities on dalits act. They can continue with investigation pertaining to relevant sections of Indian Penal Code alone, it said in its verdict.

The HC also granted bail to all the arrested accused and anticipatory bail to Damayanti, who has evaded arrest so far. Advocate, P P Hegde, had appeared in the HC on behalf of the accused.