Karnataka High Court
Smt. Sharada S.T. W/O Sharnappa C.H vs The State Of Karnataka on 17 January, 2022
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17th DAY OF JANUARY, 2022
BEFORE
THE HON'BLE DR.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.100228/2021
BETWEEN:
Smt. Sharada S.T. W/o. Sharnappa C.H.,
Age 37 years, Occ: Temporary Assistant Professor,
Folklore University, Gotagodi,
Tq. Shiggav, Dist. Haveri,
R/o. H.No.16717/1, Dalimbar Pethe,
Old Hubli, Dist. Dharwad.
... Petitioner
(By Sri. Santosh B. Rawoot, Advocate)
AND:
1. The State of Karnataka,
R/P. through the Haveri Mahila Police Station,
Represented through H.G.P., Dharwad Bench.
2. Dr. M.N.Venkatesh,
Age 56 years,
Registrar Evaluation, Karnataka Folkore University,
Gotagodi, Tq. Shiggav, Dist. Haveri - 581110.
3. Smt. Ansuya W/o. Dharmendra Baligar,
Age 44 years, Occ: Social worker,
R/o. Jaynagar, Shiggaon, Tq. Shiggaon,
Dist. Haveri - 581110.
...Respondents
Crl.P.No.100228/2021
:2:
(Sri. Praveen Uppar, HCGP for R1;
Sri. C.V.Angadi, Advocate for R2;
Smt. Nandini B. Somapur, Advocate for
Sri. B.V.Somapur, Advocate for R3)
---
This criminal petition is filed under Section 407 of
Cr.P.C., seeking to transfer the pending case bearing Haveri
Mahila P.S. Crime No.07/2019 pending on the file of Principal
Senior Civil Judge and CJM Court, Haveri to any of the
competent Court at Dharwad.
This petition coming on for Hearing on interlocutory
application through physical hearing/video conferencing
hearing this day, the court made the following:
ORDER
The petitioner has filed this petition under Section 407 of Code of Criminal Procedure, 1973, (for short 'Cr.P.C.'), seeking transfer of Crime No.7/2019 pending before the learned Principal Senior Civil Judge and CJM Court, Haveri, to any of the competent Court at Dharwad.
2. The respondent No.1 is being represented by the learned HCGP. Respondent Nos.2 and 3 are being represented by their respective counsels. Crl.P.No.100228/2021 :3:
3. Though this matter was listed to hear on I.A.No.1/2021, however, with the consent from both sides, the main petition itself is taken up for its disposal on merits.
4. Heard the arguments from both sides on the main petition. Perused the material placed before this Court, indulging the memorandum of petition and the statement of objections filed to it.
5. It is not in dispute that, the present petitioner was working as Assistant Professor in the MSW Department of Folklor University, Gotagodi, taluka Shiggaon, District Haveri, on temporary basis. The present respondent No.2 was his superior under whose supervision and instructions she was discharging her work in the university. The petitioner on 29.01.2019 at 4.00 p.m., lodged a written complaint with respondent No.1. The summary of the said complaint is that, while Crl.P.No.100228/2021 :4: she has been working as a temporary Assistant Professor in the Folklore University, Gotagodi, under the supervision of accused (respondent No.2) Dr. M.N.Venkatesh, who is also the Registrar (Evaluation), on 06.01.2019 which was a Sunday while she was coming out from the question paper preparation room at about 3.20 p.m., the said accused called him and on the pretext of shaking her hand, touched her hand, held it firmly and started making personal comments regarding her physic and personality. The complainant has stated that, accused told her that she was too soft and he had been observing her. Further stating that, several of the ladies approached him and spent time with him, he asked the complainant that she should spend time with him and cooperate with him at least for 10 minutes. Stating so, he has started misbehaving with her and forcefully embraced her and closed her mouth by his left hand and started squeezing her breast. She brought the same to the notice of the Crl.P.No.100228/2021 :5: superiors, despite which no action was taken against him, on the other hand, they were protecting interest of the accused. The complainant has further stated that, on 18.01.2019, she went to the Deputy Commissioner's Office at Haveri and gave a complaint before him and while coming out, the respondent No.2 (accused) joined by his followers including respondent No.3 stopped her car (of the complainant), removed the ignition key and put life threat to them and also attempted to abduct the complainant. Even the said incident also was brought to the notice of the superiors by the complainant. Since they did not take any action against the accused she lodged a complaint with the first respondent police. The said complaint was registered in Crime No.7/2019 of the first respondent for the offences punishable under Sections 354A(I), (II), (III), (V), 341, 384, 506 read with Section 34 of IPC (as shown in Final Crl.P.No.100228/2021 :6: Report/Charge-sheet Form). An FIR was also lodged with the Court.
6. As could be seen from the records, after investigation the police have filed B-final report in the matter to which the petitioner/complainant is said to have been filed her Protest petition. It is at that stage, the present petition is filed by the complainant seeking transfer of the said criminal case, as mentioned above.
7. The arguments of the learned counsel for the petitioner is that, since the petitioner is constantly facing life threat from the accused and his henchmen, it has become very difficult for her even to attend the Court and to continue the case. He further submits that, the accused are apart from the high ranking government officials, they are also most influential people in the locality, as such, police are also not taking any action against them which has made them to unabatedly Crl.P.No.100228/2021 :7: continue their harassment and posing life threat to the petitioner.
8. Learned counsel for the respondents in their arguments submitted that, the police have already completed the investigation and have filed B-final report, as such, any further hearing in the trial court would be of a matter of a couple of hearings, as such, the question of life threat which is unfounded one, would not come in the way of the trial Court continuing with the work. He further submits that, the alleged medical reason shown by the petitioner by producing the medical certificate also does not support the case of the petitioner since with the very same alleged health condition she is traveling from Hubballi to Shiggaon which is about not less than 30 kilometers, every day to attend her work. As such, the medical reason is also not tenable. Finally stating that, the petitioner is in the habit Crl.P.No.100228/2021 :8: of filing the similar applications, the respondents pray for dismissal of the petition.
9. The complaint of the petitioner against the accused is for the offences punishable under Sections 354A(I), (II), (III), (V), 341, 384, 506 read with Section 34 of IPC. The complaint made in the complaint are directly and mainly against the present respondent No.2 of his alleged misbehavior with the complainant as well attempting to molest her by touching her body and physically handling her. It is in the light of those allegations, the complaint came to be lodged by the complainant. No doubt, after the investigation the first respondent police have filed their B-final report, however, the said report is yet to be accepted by the concerned trial Court. It is at that stage, the present petition has been filed.
Crl.P.No.100228/2021:9:
10. When a complainant, who is a lady and who is said to be working as an Assistant Professor under a temporary post under the supervision and control of the second respondent, has made certain serious allegations about the present respondent No.2 misbehaving with her and making sexual gestures and also made allegation against the respondent No.3 of posing life threat to her, then such an act and more particularly, the alleged continuation of the alleged life threat to the complainant cannot be taken too lightly. When the complainant has specifically stated that she had lodged a complaint with the Deputy Commissioner, and while returning from his office, the accused have put to her life threat and attempted to manhandle her also cannot be ignored. Admittedly, she is not the resident of Shiggoan taluk or a resident in the campus of Folklore University, Gotagodi. Admittedly, she is traveling every day from Hubballi to the said place Gotagodi, which is said to be Crl.P.No.100228/2021 : 10 : at a distance of not less than 30 kilometers from Hubballi. Thus, she being a stranger to the place where the University is located and where the accused are said to be working in the University, the threat that is being faced by the complainant if were to be true, would really results in she facing inconvenience and also alleged threat to her deter her from proceeding further in the criminal complaint lodged by her. Her statement that the accused are influential people in the locality including the complainant police also cannot ignored at this stage. Admittedly, when the respondents are stated to be presently the residents of some distant place than Shiggaon, the distance factor for them from their place of residence either to the present Court at Haveri, or to the other Court at Dharwad would make no difference.
11. Even though the complainant is alleged to be filing similar application, but the statement of objection filed by the respondent No.2 itself go to show that those Crl.P.No.100228/2021 : 11 : applications were also with respect to the accusation against the present respondent No.2 continuing to harass her at various pretext in various circumstances. In such a situation, when constantly the petitioner has been complaining of harassment by the accused No.2 and some other serious criminal acts by him, if she were to be complied to attend the Court at Haveri, in which locality the present respondents/accused are said to be influential people, the complainant faces more risk and cannot with free mind participate in the criminal proceeding. As such, I am of the view that the petitioner has made out a ground for transfer of the crime to the competent Court at Dharwad.
12. Accordingly, I proceed to pass the following:
ORDER The petition is allowed.Crl.P.No.100228/2021 : 12 :
The Crime No.7/2019 of the first respondent police station for the offences punishable under Sections 354A(I), (II), (III), (V), 341, 384, 506 read with Section 34 of Indian Penal Code, (as shown in Final Report/Charge-sheet Form) which is now said to be pending on the Court of the learned Principal Senior Civil Judge and CJM Court, Haveri, is withdrawn and made over to the Court of the Principal Senior Civil Judge & CJM Court at Dharwad, for its further proceeding and disposal in accordance with law.
In order to avoid any further delay in the matter, both the parties herein are directed to appear before the transferee Court i.e. the Principal Senior Civil Judge & CJM Court at Dharwad on 14.02.2022 at 11.00 a.m. In view of the disposal of the main petition, I.A.No.1/2021 does not survive for consideration.
Registry to transmit copies of this order to both the transferer court and transferee court immediately.
Sd/-
JUDGE *Svh/-