Denial of entry into temple: HC refuses to quash proceedings against 8

The High Court of Karnataka has rejected the petition filed by eight persons seeking quashing of the proceedings against them under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the IPC.

The accused had allegedly restricted the complainant and her family members from entering into a temple in Harihara taluk and also assaulted them.

“This discrimination should stop, and stop forthwith. The fact that it is still prevailing shocks the conscience of the Court. Human beings are to be treated as human beings. Deity in the temple cannot even be imagined to be belonging to a few. Worshiping of the deity, by entering into the temple, is to be given to one and all. Any kind of bigotry or discrimination is unacceptable,” Justice M Nagaprasanna said while rejecting the petition filed by Panduranga Bhat and others.

The incident had taken place in September 2016 when complainant Savitramma, a resident of Vinayakanagar Camp in Harihara Taluk, had been to the Gadi Chowdeshwari temple along with her family members. The complainant, her husband and their child along with other villagers were stopped at the stairs of the temple.

The accused persons hurled abuses by calling the name of the caste of the complainant and also alleging that if they enter the temple the deity would become unholy. When the complainant and others protested and attempted to enter the temple, the accused persons assaulted the complainant by pushing her while her husband was kicked and the child was also not spared.

The petitioners  were booked  for offences under sections 3(1)(10) and (11) of the Atrocities Act and IPC sections 506, 341, 504, 143, 147, 148, 149, 323, 324 and 354(B) and the Malebennur police in Davangere district filed the charge sheet.

The petitioners (accused) moved the high court after the trial court dismissed their applications seeking discharge from the case. The court noted that the investigation had led to the recording of several statements of persons who were present at the scene of crime. They were all independent eyewitnesses, the court pointed out.

“The abuses are hurled and hurled in public which is viewed by several public as it was outside the doors of the temple and the temple is, trite, a public place. Therefore, the challenge to the offences under the Atrocities Act so laid tumbles down,” Justice Nagaprasanna said. Noticing that the complaint is of the year 2016, the high court has said the trial court shall make an endeavour to complete proceedings within six months.