Karnataka High Court
Mr. Suresh Daniel vs State Of Karnataka on 26 September, 2022
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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CRL.P No. 3293 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 3293 OF 2019
BETWEEN:
1. MR. SURESH DANIEL
SON OF DANIELAPPA,
AGED ABOUT 59 YEARS,
AT NO.11, I F.A.BUILDING,
1ST CROSS, NAGAYYA PALYA,
MARUTHI SEVANAGAR,
BENGALURU - 560033.
2. MR. CHELUVARAJ
SON OF RAMASWAMY,
AGED ABOUT 61 YEARS,
AT NO. 320/5, LOWRI COLLEGE CAMPUS,
K.R.PURAM,
DOORAVANI NAGAR,
BENGALURU - 560033
3. MR. CHANDRASHEKAR
SON OF DAKSHNAMOORTHY,
AGED ABOUT 53 YEARS,
Digitally signed by BICHUMALLA ROAD,
POORNIMA NEAR KOMAR HOTEL,
SHIVANNA COCKS TOWN,
Location: HIGH
COURT OF BENGALURU - 560032.
KARNATAKA
4. MR. SATHYAMURTHY
SON OF BASAVAIAH,
AGED ABOUT 59 YEARS,
AT SUNSHINE CHILDREN HOME
& SCHOOL OF SEVENTH DAY ADVENTIST,
KALKERE HORAMAVU POST,
BANGALORE-560 043.
...PETITIONERS
(BY SRI. JOSHUA HUDSON SAMUEL.,ADVOCATE)
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CRL.P No. 3293 of 2019
AND:
1. STATE OF KARNATAKA
BY RAMAMURTHY NAGAR POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
BANGALORE-560 016.
2. MRS. VIJAYA JAMES WHITE
WIFE OF JAMES WHITE,
AGED ABOUT 51 YEARS,
RESIDING AT NO. 7/3,
2ND FLOOR,
SNEHA REDDY NILAYAM,
2ND CROSS, POOJA GARDEN,
K. CHANNASANDRA,
HORAMAVU POST,
BANGALORE-560 043.
...RESPONDENTS
(BY SRI. MAHESH SHETTY, HCGP FOR R1,
MS. SHILPA RANI, ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR
THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE
PLEASED TO QUASH THE FIR BEING CR.NO.477/2017 DATED
26.10.2017 U/S 506,509,34 OF IPC AND ALL PROCEEDINGS
EMANATING THEREFROM INCLUDING C.C.NO.54816/2018 (CRIME
CASE NO.55303/2017) PENDING ON THE FILE OF THE X A.C.M.M.,
BANGALORE
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Petitioner is before this Court seeking for the following reliefs :
a) Quash the FIR being Crime No.0477 of 2017 dated 26.10.2017 under Sections 506, 509 and 34 of the IPC and all proceedings emanating therefrom including C.C. No.54816 of 2018 (Crime No.55303 of -3- CRL.P No. 3293 of 2019 2017) pending on the file of X Additional Chief Metropolitan Magistrate, Bangalore.
b) Pass any other order as this Hon'ble Court deems fit under the facts and circumstances of this Petition.
2. A complaint came to be filed by respondent No.2 on 26.10.2017 alleging life threat and sexual abuse against the petitioners. In the said complaint, it is stated that the complaint had been regularly abused sexually and mentally and put under life threat and as such she was unable to lead life peacefully.
3. Sri. Christopher for Sri. Joshua Hudson Samual, learned counsel for the petitioner would submit that the respondent No.2 is an employee of Sunshine Children's Home and School of Seventh Day Adventist, Bangalore of which the petitioners are the office bearers. There being certain issues and disputes regarding the employment of respondent No.2, the respondent No.2 has filed a complaint with the Commissioner of Labour, Bangalore, on 13.03.2017 and once again on 08.05.2017 in which -4- CRL.P No. 3293 of 2019 there are no allegations of sexual abuse and harassment and the alleged life threat to her.
4. A charge-cum-show cause notice has been issued by the Sunshine Children's Home and School of Seventh Day Adventist on 07.04.2017, diligently on part of respondent No.2 which resulted in her suspension on 23.12.2016. A legal notice came to be issued by respondent No.2 on 24.06.2017, wherein though there are many allegations which have been made there is no allegation in so far as any sexual abuse by the petitioners nor is there any allegations made of any life threat issued by the petitioners.
5. Another correspondence was issued by the respondent No.2 to the Karnataka State Commission for Woman wherein though several allegations have been made, no allegation as regard the sexual abuse and life threat was made. In that background, he submits that the complaint now filed is a completely -5- CRL.P No. 3293 of 2019 false complaint, only to counter the disciplinary proceedings which had been initiated by the Sunshine Children's Home and School of Seventh Day Adventist against respondent No.2.
6. He submits that no grounds which have been made out for the offences alleged in the complaint. The investigation which has been carried out has not taken into consideration these aspects and charge sheet has been made mechanically filed only on the basis of the allegations made in the complaint without proper investigation.
7. Per contra, Ms. Shilpa Rani, learned counsel appearing for respondent No.2 would submit that there is a dispute between petitioners and respondent No.2. Respondent No.2 has not been treated properly and harassment met out by the petitioners against respondent No.2. She has relied upon an email dated 18.12.2016 said to be -6- CRL.P No. 3293 of 2019 addressed by the 1st petitioner, wherein the 1st petitioner requested the husband of respondent No.2 to have patience and preserve the reputation of the Institution. Relying on the same, she had submitted that this very mail of the respondent No.2 is an admission of the harassment meted out by the petitioners and the allegations made by respondent No.2 in the complaint is proper and correct and as such the trial ought to go on.
8. Sri. Christopher learned counsel having sought for some to verify the same has today produced along with memo the entire email dated 18.12.2016 which includes the email sent by the husband of respondent No.2 i.e., on 17.12.2016. The email is nearly 9 pages, wherein several allegations have been made against the petitioner No.1 and several other office bearers. However, even the said email does not indicate any allegations as regard the alleged sexual -7- CRL.P No. 3293 of 2019 abuse and the life threat as contended in the complaint in question.
9. Sri. Christopher submits that it is in view of the such email being marked to more than 100 recipients, the 1st petitioner has responded to the husband of respondent No.2 that the reputation of the Institution is important and not to refer the matter to others. The others mentioned in the email being the persons to whom the email was addressed to. In that background, he submits that there being no allegation made in the said letter as regard sexual abuse or sexual harassment, the complaint is requires to be quashed.
10. Heard Sri. Christopher for Sri. Joshua Hudson Samuel learned counsel for the petitioners, learned HCGP for R1 and Ms. Shilpa Rani, learned counsel for respondent No.2. Perused the papers. -8- CRL.P No. 3293 of 2019
11. In the complaint filed, there is clear and categorical allegation which has been made that the petitioners have indulged in sexual abuse and harassment and also threatened the life of respondent No.2. This allegation has come about only after show cause notice was issued by the petitioners and the services of respondent No.2 was suspended. The various correspondences including complaint to the Commissioner for Workman and as also the email addressed to nearly 100 persons does not indicate any such complaint or allegations made against the petitioner relating to sexual abuse or sexual harassment. These correspondences issued by respondent No.2, her husband not having any such allegation, it is for the first time that respondent No.2 has made a complaint of sexual abuse or harassment.
12. The reading of the said email of the husband of respondent No.2 gives raise to an interesting -9- CRL.P No. 3293 of 2019 situation in as much as the said email has been forwarded to more than 100 recipients, the list of recipients itself being around 4 pages, the irresistible conclusion that can be drawn from it is that the Respondent No.2 and her husband have sought to persecute the petitioners, on account of disciplinary proceedings being initiated against Respondent No.2.
13. Taking into account the entire context of the matter I am of the considered opinion that the complaint has been filed by a disgruntled employee of the Sunshine Children's Home and School of Seventh Day Adventist School against the management of the said school only because she has been suspended from the services and disciplinary proceedings has been initiated.
14. Though this Court could have imposed cost against respondent No.2, this Court restrains the same from doing so. This Court also placed on record the
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CRL.P No. 3293 of 2019assistance rendered by Ms. Shilpa Rani as a legal aid counsel in the matter.
15. In the above facts and circumstances, I pass the following :
ORDER i. Petition is allowed.
ii. FIR and proceedings in Crime No.0477/2017 dated 26.10.2017 pending in C.C. No.54816/2018 on the file of the X Addl. ACMM, Bengaluru, and all orders passed therein are hereby quashed.
Sd/-
JUDGE SNC