Karnataka High Court
Mr. Lionel Williams Mathews vs State Of Karnataka on 19 December, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:53086
CRL.P No. 13760 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 13760 OF 2024
BETWEEN:
MR. LIONEL WILLIAMS MATHEWS,
SON OF LEENA MATHEWS,
AGED ABOUT 18 YEARS,
RESIDING AT B901, GOYAL ORCHID,
LAKEVIEW BELLANDUR AGARA,
NEAR BELLANDUR LAKE ROAD,
KARIYAMMANA RAOD,
BELLANDUR, BANGALORE - 560 103.
...PETITIONER
(BY SRI. DHANANJAYA JOSHI, SR. ADVOCATE A/W
SRI. VACHAN H.U, ADVOCATE)
AND:
Digitally signed
by NAGAVENI 1. STATE OF KARNATAKA
Location: HIGH BY SUDDAGUNTEPALYA POLICE STATION,
COURT OF K M LAYOUT, BALALJI NAGAR,
KARNATAKA
S G PALYA, BANGALORE - 560 029,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. FR. SEBASTIAN MATHAI,
S/O OUESPH MATHAI,
PRINCIPAL, CHRIST JUNIOR COLLEGE,
DHARMARAM COLLEGE POST,
HOSUR MAIN ROAD,
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NC: 2024:KHC:53086
CRL.P No. 13760 of 2024
BANGALORE - 560 029.
...RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1;
SRI. PRATEEK CHANDRAMOULI, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNSS) PRAYING TO 1) QUASH THE IMPUGNED COMPLAINT IN
CR.NO.330/2024 FILED BY THE RESPONDENT NO.1 POLICE,
BEFORE THE HONBLE COURT OF THE HONBLE CHIEF
METROPOLITAN MAGISTRATE, BANGALORE (ANNEXURE-B) U/S
75(2), 75(3), 351(1) AND 351(2) OF THE BNS, 2023 AND SEC.
8 AND 12 OF POCSO ACT, 2012. (POCSO ACT).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question registration of a crime in crime No.330/2024 for the offence punishable under Sections 75(2), 75(3), 35(1) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).
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NC: 2024:KHC:53086 CRL.P No. 13760 of 2024
2. Heard Sri. Dhananjaya Joshi, learned Senior counsel along with Sri. Vachan H.V., learned counsel appearing for the petitioner, Sri. B.N. Jagadeesha, learned Additional State Public Prosecutor for respondent No.1 and Sri. Prateek Chandramouli, learned counsel appearing for respondent No.2.
3.. Facts in brief germane are as follows:
The petitioner is a student of 11th standard, 18 years old is now bought under the web of crime for that he had allegedly indulged in the offences that would become punishable under Sections 75(2) and 75(3) of the BNS, which is Section 354A of the earlier regime, the IPC. The crux of the complaint is as follows:
"Ref No:CJC-09/24/BCP 2 05 September 2024 Police Inspector, Saddu Gunte Palya Police Station Bengaluru Subject: Formal Complaint Regarding Sexual Harassment by a Student at Christ Junior College.
Respected Sir, I, Fr Sebastian Mathai Edathikavil, the Principal of Christ Junior College, Dharmaram College Post, Hosur Road, Bangalore, am writing to formally report an incident of sexual harassment involving one of our students. This matter has been brought to our attention through a -4- NC: 2024:KHC:53086 CRL.P No. 13760 of 2024 complaint given by student representatives from a particular class on 21st August 2024, who have been subjected to inappropriate and unlawful behaviour by an accused classmate. The complaint has generalising accusations and does not specify by name any person in particular as a victim or accused. An enquiry was then conducted on this matter.
The specific accusations made are mentioned below:
1. Sexual Harassment: The accused has been alleged to have made unwelcome sexual advances towards other students, leading to significant distress among them.
2. Inappropriate Physical Contact: The accused has been alleged to have engaged in inappropriate physical contact with several students, including both female and male students, causing fear and discomfort.
3. Use of Sexual and Derogatory Language: The accused has alleged to use of sexually explicit and derogatory language in interactions with other students, contributing to an environment of intimidation and unease.
4. Threats of Physical Harm: The accused has been alleged to have threatened the other students with physical harm and even death threats.
5. Suicide and Self Harm: The accused has been alleged to have threatened other students by threatening to commit suicide and to have their names written on his suicide note.
The actions, as per the accusations made, constitute serious criminal offences under the law. Following a preliminary inquiry, it has been determined that Mr Lionel Mathew, aged 18, is the individual accused of offences outlined in the complaints. He was suspended from 22nd August 2024, 11 AM, pending inquiry As an educational institution, we are obligated to bring such matters to the attention of the relevant authorities and therefore, we are forwarding this complaint to your office for your necessary action. We kindly request that you further investigate and proceed to take the necessary actions.-5-
NC: 2024:KHC:53086 CRL.P No. 13760 of 2024 Please find attached a copy of the original complaint letter for your reference. Given the seriousness of these incidents, we request that the police take action to investigate this matter thoroughly. We are committed to ensuring the safety and well-being of all students and will fully cooperate with the authorities in any investigation and subsequent legal proceedings. Should you require any further information or clarification, we are prepared to assist in facilitating your investigation as necessary."
(Emphasis supplied) The complaint itself is that is generalising accusations and does not specify by name any person in particular as a victim or accused. Therefore, the complaint is vague as vagueness could be.
4. The learned Senior counsel representing the petitioner submits that the student is under treatment for psychiatric problems and he has produced plethora of medical documents concerning treatment of the petitioner for his physiological problems. This is not disputed by the learned counsel appearing for the second respondent - complainant. The learned Senior counsel would further submit that all the documents are looked into by the coordinate bench while granting bail in Crl.P.No.11525/2024. The observation of the coordinate bench assumes certain significance. The observation is as follows.
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NC: 2024:KHC:53086 CRL.P No. 13760 of 2024 "Petitioner is an young boy aged about 18 years studying In II year PUC. From a reading of the first information, prima facie it appears that the petitioner has certain psychiatric problems. In the petition, it has been stated that the petitioner has been hospitalized on multiple occasions in view of his psychiatric problems and certain medical records are also produced along with the petition which would prima facie go to show that petitioner is undergoing treatment for his psychiatric problems."
(Emphasis supplied) The coordinate bench grants an order of inter alia on the circumstance that the boy has a psychiatric problems, while the problems still continue. Therefore, this Court thought it fit to save the young boy of 18 years from the rigmarole of criminal procedure owing to his psychiatric problem and that his studies would get completely jeopardize. Therefore, an affidavit of undertaking was sought from the hands of the petitioner that he would not indulge in such activities in further. The petitioner has filed an affidavit of undertaking, it reads as follows:
""AFFIDAVIT I, Lionel Williams Mathews, son of Leena Mathews, aged about 18 years, residing at B901, Goyal Orchid, Lakeview Bellandur Agara, Near Bellandur Lake Road, Kariyammana Road, Bellandur, Bangalore - 560 103 do hereby solemnly affirm and state on behalf of the Appellants, as follows.-7-
NC: 2024:KHC:53086 CRL.P No. 13760 of 2024
1. I am the Petitioner in the present case and well aware of the facts and circumstances of the case. I am competent to swear to this Affidavit.
2. For the sake of brevity and to avoid repetition, all the statements and averments set out in the Petition be deemed to be a part and parcel of this Affidavit as if the same were set out herein in seriatim.
3. I respectfully submit that all allegations levelled against me are false and I did not involve in any activities as stated in the complaint.
4. I am suffering from depression and related health issues since September 2023, for which I am receiving medical treatment. I was hospitalized on multiple occasions and is still in the process of recovery. This may have led to some unintended erratic behaviour in my interactions with my classmates, which could have been misinterpreted.
5. I respectfully submit before this Hon'ble Court and give an undertaking that I did not involve in any activities as stated in the Complaint, nor will I involve myself in such activities that are against the sanctity of law in the future. I deeply regret if any of my behaviour has caused harm or inconvenience to my classmates or anyone.
6. I submit that I am student with bright academic future, however on account of these proceedings I am suspended from the college pending further investigation and has jeopardized my academic prospects. I submit that I did not and will not involve any illegal activities and will abide by the law."
Generally securing an undertaking from the accused of this nature and closing the proceedings cannot be a method that could be adopted, but in the peculiar circumstance, of an 18 year old boy, suffering from a psychiatric problem, and due -8- NC: 2024:KHC:53086 CRL.P No. 13760 of 2024 to his problem indulging in certain acts, as found in the complaint, as also the complaint being completely vague, not pointing at the petitioner directly, I deem it appropriate to quash the proceedings to save the career of the young boy.
5. For the aforesaid reasons, the following:
ORDER
1. Criminal petition is disposed of.
2. FIR in crime No.330/2024 as against the petitioner before the Chief Metropolitan Magistrate, Bangalore stands quashed.
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(M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 22 CT: BHK