Bangalore District Court
Estelle Lichnowski vs Harish Kumar on 15 September, 2025
KABC030591852021
Presented on : 25.08.2021
Registered on : 25.08.2021
Decided on : 15.09.2025
Duration : 04y/00m/21days
IN THE COURT OF XLI ADDL. CHIEF JUDICIAL
MAGISTRATE, AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B.,
XLI Addl. Chief Judicial Magistrate
Bengaluru
Dated on this 15th day of September 2025
C.C.No.21624/2021
COMPLAINANT : The State
by Bellanduru Police Station
-V/s-
ACCUSED : Harish Kumar
S/o. C.Ravi Kumar, Aged 29 years,
R/at.No.111, Brindavan Nagar,
Opp. Park, Hosur Town,
Krishnagiri District, Tamilnadu.
Date of Commission of offence 28.08.2019 to 12.11.2019
Date of report 23.11.2019
Date of arrest 29.11.2019
Name of the complainant Miss. Estelle Lichnowski
Date of commencement of 19.01.2023
recording Evidence
Date of closing evidence 18.08.2025
2 C.C.No.21624/2021
Offences complained of U/Sec. 354[A], 509 of IPC and
Sec.67[A] of IT Act.
State Represented by Senior Asst.Public Prosecutor
Accused Represented by Sri.A.C.Mahabalesh, Advocate.
Opinion of the Judge As per final orders
JUDGMENT
[Delivered on 15.09.2025] The P.S.I of Bellanduru Police Station has filed charge sheet against the accused for the offences punishable U/Sec. 354[A], 509 of IPC and Sec.67[A] of IT Act..
2. Brief facts of prosecution case is as follows:
From 28.08.2019 to 12.11.2019 when CW.1 being a French nationalist was working at Meeru Technologies company, global tech park, Bellanduru, had uploaded her +33752671497 mobile number in face book page to find flat and flat mates to get the accommodation at Bengaluru and the accused by collecting her mobile number from face book page got introduced himself, sent porn, indecent messages to her number from 8778677692 and 6384734731 numbers and on 23.11.2019 at 12.30 a.m., to 1 a.m., he made video call to her number, showed his private part, masturbated, sexually harassed her and intended to outrage her 3 C.C.No.21624/2021 modesty. He used his mobile No.6384734731 for making video call. On the basis of written information given by CW.1, the Bellanduru police have registered this case in Cr.No.339/2019.
3. On 29.11.2019, the accused was arrested and produced before the court. As per order dated: 02.12.2019, he was enlarged on bail.
4. After the investigation, the IO filed charge sheet against the accused. This Court has taken cognizance of the offences punishable U/Sec.354[A], 509 of IPC and Sec.67[A] of IT Act. This Court complied with Sec.207 of Cr.P.C., and furnished charge sheet copy to the accused.
5. This Court heard both the parties. As there were no grounds to discharge the accused, this Court framed charges for the offences punishable U/Sec. 354[A], 509 of IPC and Sec.67[A] of IT Act.. The accused did not plead guilty. He claimed to be tried.
6. In order to prove its case, the prosecution got examined 7 witnesses as PW.1 to 7 and got marked Ex.P.1 to 4 documents. 4 C.C.No.21624/2021 After completion of the prosecution evidence, the statement of the accused was recorded U/Sec.313 of Cr.P.C., wherein he denied the incriminating evidence led against him. He did not choose to lead his defense evidence.
7. I have heard the arguments of Senior APP and Sri.ACM Advocate.
8. On the basis of allegations made against the accused, the following points arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubt that, the accused by collecting mobile number of CW.1 from face book got introduced himself, sent porn, indecent messages to her +33752671497 mobile number from 8778677692 and 6384734731 numbers in between 28.08.2019 to 12.11.2019 when she was working at Meeru Technologies company, global tech park, Bellanduru, who had uploaded her number in face book page to find flat and flat mates to get the accommodation at Bengaluru and on 23.11.2019 at 12.30 a.m., to 1 a.m., he made video call to her number, showed 5 C.C.No.21624/2021 his private part, masturbated, sexually harassed her and thereby he has committed the offence punishable U/Sec.354[A] of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place the accused intended to insult the modesty of CW.1 by his acts, words, deeds, gestures and thereby he has committed the offence punishable U/Sec.509 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place the accused used his mobile No.6384734731 for making video call and sending porn indecent messages to CW.1 and thereby they he has committed the offence punishable U/Sec.67[A] of IT Act ?
4. What order?
9. My answers to the above points are as under:
Point No.1 : In Negative
Point No.2 : In Negative
Point No.3 : In Negative
Point No.4 : As per final orders for the following:
6 C.C.No.21624/2021
REASONS
Point No.1 to 3: As all these points are interrelated, I take all the three points together for common discussion to avoid repetition.
10. The burden is casted on the prosecution to prove that, the accused by collecting mobile number of CW.1 from face book got introduced himself, sent porn indecent messages to her +33752671497 mobile number from 8778677692 and 6384734731 numbers in between 28.08.2019 to 12.11.2019 when she was working at Meeru Technologies company, global tech park, Bellanduru, who had uploaded her number in face book page to find flat and flat mates to get the accommodation at Bengaluru and on 23.11.2019 at 12.30 a.m., to 1 a.m., he made video call to her number, showed his private part, masturbated, sexually harassed her, he intended to insult her modesty by his acts, words, deeds, gestures and used his mobile No.6384734731 for making video call and sending porn indecent messages her.
11. In order to prove its case, the prosecution got examined the victim/complainant/CW.1 as PW.1, circumstantial witness/ 7 C.C.No.21624/2021 CW.4 as PW.3, the officer who arrested the accused/CW.7 as PW.2, mahazar witnesses/CW.5 as PW.4, CW.6 as PW.5, the officer who registered the case/CW.9 as PW.7 and investigating officer/CW.11 as PW.6 and got marked the complaint as Ex.P.1, report given by PW.2 as Ex.P.2, seizure mahazar as Ex.P.3 and FIR as Ex.P.4.
12. CW.1/PW.1-Estelle Lichnowski in her evidence has stated that, she has +33752671497 French whatsapp number. When she was residing at Bengaluru she started receiving messages to her whatsapp number at the end of August 2019 from an Indian unknown number. The caller told his name as Harish. She thought he was her colleague. Hence, she started replying normally to his messages. Then, he started sending abnormal messages as 'babe I am lying in bed' 'whether she is alone' and 'what she is doing'. On 19.10.2019 at 1a.m., she received whatsapp video call. But, she did not pick up the call. Next day she sent messages by saying that, she is not comfortable receiving any messages and calls other than relating to her work 8 C.C.No.21624/2021 and beyond her working hours. She further informed that, the messages sent by him are inappropriate. On the same day, she spoke with her actual colleague Harish and on enquiry, he told that, he has not sent messages and made video call. On 12.11.2019, she started receiving messages from a new unknown Indian number. On 23.11.2019 at around 1 a.m., she received a video call. The caller showed his penis and he was masturbating. She was shocked and immediately disconnected the call. Next day, she normally replied to his messages to assure that, he should not disconnect his sim card. Thereafter, she lodged Ex.P.1 complaint to the police. After a lapse of one week, the police called her to the station, where she saw the accused-Harish. She has identified the accused.
13. CW.7/PW.2-Srinivas Babu, in his evidence has stated that, when he was working as head constable at Bellanduru police station on 28.11.2019, their PI deputed him and CW.8 to trace out the accused. The informants informed that, the accused is working at 3AG company, 4th block, Koramangala. Accordingly, 9 C.C.No.21624/2021 they visited his office at 5.30p.m., arrested him and produced him before the PI at 6.15p.m. In this regard, he gave Ex.P.2 report. He has identified the accused.
14. CW.4/PW.3-Kamal Kiran in her evidence has stated that, the PW.1 being a French nationalist was her colleague at Meero Technologies, Bengaluru. The PW.1 had uploaded her mobile number in the website to find out an accommodation at Bengaluru. The PW.1 told that, she is receiving indecent messages through whatsapp. But, she did not reveal what were those indecent messages. In the month of October/November 2019 she had been to Bellanduru police station along with PW.1. The police showed a person and told that, he was sending indecent messages to PW.1. She could not identify that person and she does not know his name.
15. CW.5/PW.4-Raju in his evidence has stated that, he has not seen the accused earlier. Ex.P.3 mahazer bears his signature. About 4-5 years ago, the police took his signature to that document near Sarjapur signal. He does not know the reason as 10 C.C.No.21624/2021 to why the police took his signature to that document. The police neither called him to the station nor taken any action nor seized any articles in his presence.
16. CW.6/PW.5-Karna in his evidence has stated that, he has not seen the accused earlier. Ex.P.3 mahazer bears his signature. About 5 years ago, the police took his signature to that document near Ibbalur signal. He does not know the reason as to why the police took his signature to that document. The police neither called him to the station nor taken any action nor seized any articles in his presence.
17. CW.9/PW.7-Bhaskar C., in his evidence has stated that, when he was working as head constable at Bellanduru police station on 23.11.2019 at 3p.m., the PW.1 came to their station and gave Ex.P.1 complaint. On the basis of which, he registered Ex.P.4/FIR.
18. CW.11/PW.6-Mahananda S.Reddy, in her evidence has stated that, when she was working as PSI at Bellanduru police station on 30.10.2020 as per the oral instructions of her superior 11 C.C.No.21624/2021 officer, she took the investigation of this case. She collected copies of indecent messages through e-mail from Whatsapp, which were sent to PW.1. The copies of the same are available in the case file. By completing the investigation, she filed charge sheet against the accused.
19. On the basis of Ex.P.1- written information given by PW.1 on 23.11.2019, the Bellanduru police have registered this case, investigated the matter and filed charge sheet against the accused. In Ex.P.1, the PW.1 has described the manner in which the accused sexually harassed her from 28.08.2019 to 23.11.2019 by sending indecent porn messages, made video call, showed his penis, masturbated over video call, intended to outrage her modesty by his acts, deeds and gestures and used his mobile for committing offence. She has also mentioned her phone number as well as the phone number of the accused through which the accused sent indecent messages.
20. As per Ex.P.3, the CW.10 allegedly seized Moto mobile phone of the accused in the presence of PW.4 and 5 at 12 C.C.No.21624/2021 Bellanduru police station on 28.11.2019 from the accused. The PW.4 and 5 being the pancha witnesses and signatories to Ex.P.3 have stated that, they have not seen the accused earlier and the police have neither taken any action nor seized any articles in their presence. The PW.4 stated that, he had signed Ex.P.3 at Sarjapur signal and PW.5 stated that, he had signed that document at Ibbajuru signal. They both denied that, the police seized moto mobile from the accused in their presence.
21. Inspite of issuance of repeated summons, bailable warrants and non-bailable warrants, the CW.10 being a police officer did not care to appear before the Court to explain, why he has drawn Ex.P.3 mahazer and what was the action taken by him prior to taking the signatures of PW.4 and 5 thereon. By noting his absence, this Court dropped him from examination.
22. There is no cogent evidence on record to hold that, moto mobile seized under Ex.P.3 was owned and operated by the accused and it was seized from him. The PW.6 being the investigating officer did not collect details from service providers 13 C.C.No.21624/2021 to know whom +33752671497, +918778677692 and +916384734731 phone numbers were allotted. The PW.6 did not explain the service providers' name of +33752671497, +918778677692 and +916384734731 numbers. The IO did not send seized Moto mobile to FSL to confirm, whether it was used for the commission of alleged offence or not. In the absence of experts' opinion, it cannot be accepted that Moto mobile phone was used by the accused for the commission of offence.
23. The PW.6 stated that, she had collected the copies of indecent messages through email from whatsapp, which were allegedly sent by the accused to PW.1 and enclosed the same to the file. For want of mandatory certificate U/Sec.65[B] of Indian Evidence Act, those messages were not marked as exhibits. Moreover, in those copies, we cannot see the phone numbers so as to say that, it was sent by the accused to the number of PW.1.
24. The PW.6 did not send the copies of those messages to FSL along with Moto mobile to confirm whether, those messages were forwarded from that mobile or not. The IO ought to have 14 C.C.No.21624/2021 seized the mobile of the victim and sent that mobile along with the mobile seized under Ex.P.3 to FSL to ascertain whether any indecent messages were sent to PW.1 and whether any video call was made by the accused on 23.11.2019 at 1a.m by using that mobile. But, the IO did not make any effort in that regard. This shows that, the IO has not effectively investigated the matter.
25. During the course of cross examination, the PW.1 admitted that, she had not seen the person who was sending messages to her. Further, she admitted that, as per the sayings of the police she stated that, the accused was sending messages to her. There is no cogent evidence on record to hold that Moto mobile allegedly seized under Ex.P.3 belonged to accused, operated by him and through that mobile the accused sexually harassed PW.1.
26. The PW.3 claims to be the colleague of PW.1. Though she stated that, the PW.1 was receiving indecent messages, she does not know what were the messages received by her. Though she stated that, she had been to Bellanduru police station along with 15 C.C.No.21624/2021 PW.1, she did not identify the accused. She denied that, the police had showed the accused in the police station and by identifying him she had given her statement to the police.
27. Though the PW.2 deposed about arrest of accused from 3AG company of Koramangala on 28.11.2019, his version is not supported by the oral evidence of any independent witness. In the present case, there is no cogent evidence on record to hold that, Moto mobile seized under Ex.P.3 mahazer was being used by the accused and indecent messages were sent from that mobile phone. Hence, it cannot be accepted that, the accused is the person, who sent indecent porn messages to PW.1.
28. In such circumstances, the prosecution has failed to prove that, the accused by collecting mobile number of PW.1 from face book got introduced himself, sent porn indecent messages to her +33752671497 mobile number from 8778677692 and 6384734731 numbers in between 28.08.2019 to 12.11.2019 when she was working at Meeru Technologies company, global tech park, Bellanduru, who had uploaded her number in face book 16 C.C.No.21624/2021 page to find flat and flat mates to get the accommodation at Bengaluru and on 23.11.2019 at 12.30 a.m., to 1 a.m., he made video call to her number, showed his private part, masturbated, sexually harassed her, he intended to insult her modesty by his acts, words, deeds, gestures and used his mobile No.6384734731 for making video call and sending porn indecent messages her. Accordingly, I answer the point No.1 to 3 in Negative. Point No.4: For the aforesaid reasons, I proceed to pass the following:
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused is acquitted from the charges of Sec.354[A], 509 of IPC and Sec.67[A] of IT Act.
Bail bonds executed by the accused stands cancelled.
Bonds executed by the accused U/Sec.437[A] of Cr.P.C., shall be in force for a period of 6 months.17 C.C.No.21624/2021
The property seized under PF No.176/2019[PR No.32/2025] i.e., Moto mobile is ordered to be confiscated to the Government after the appeal period.
TATTANDA Digitally
TATTANDA
signed by
DAMAYANTI DAMAYANTI SOMAIAH
Date: 2025.09.15
SOMAIAH 17:46:13 +0530
15.09.2025 [TATTANDA DAMAYANTI SOMAYYA]
XLI A.C.J.M., BENGALURU
18 C.C.No.21624/2021
ANNEXURE
LIST OF WITNESSES EXAMINED FOR PROSECUTION:
PW.1 : Estelle Lichnowski PW.2 : Srinivas Babu PW.3 : Kamal Kiran PW.4 : Raju PW.5 : Karna PW.6 : Mahanand S Reddy PW.7 : Bhaskar.C
LIST OF DOCUMENTS MARKED FOR PROSECUTION:
Ex.P.1 : Written information/Complaint Ex.P.1[a] : Signature of PW.1 Ex.P.1[b] : Signature of PW.7 Ex.P.2 : Report given by PW.2 Ex.P.2[a] : Signature of PW.2 Ex.P.3 : Seizure Mahazar Ex.P.3[a] : Signature of PW.4 Ex.P.3[b] : Signature of PW.5 Ex.P.4 : FIR Ex.P.4[a] : Signature of PW.7 LIST OF M.O's MARKED FOR THE PROSECUTION : NIL LIST OF WITNESSES EXAMINED FOR THE ACCUSED : NIL 19 C.C.No.21624/2021 LIST OF DOCUMENTS MARKED FOR THE ACCUSED : NIL ....................................................................................
Dictated on : 12.09.2025
Transcribed on : 13.09.2025
checked on : 14.09.2025
Signed on : 15.09.2025
[TATTANDA DAMAYANTI SOMAYYA]
XLI A.C.J.M., BENGALURU
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