Karnataka High Court
Sony Anto vs State Of Karnataka By on 19 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:28158
CRL.P No. 6721 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6721 OF 2022
BETWEEN:
SONY ANTO
S/O ANTONY K. L.,
AGED ABOUT 37 YEARS
R/AT NO.A-807, 8TH FLOOR
TOWER-10, JANADHAR SHUBHA
PHASE-2, M.MEDAHALLI, ANEKAL TALUK
BENGALURU - 562 107.
...PETITIONER
(BY SRI. SIJI MALAYIL, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
BANASWADI POLICE STATION
Digitally signed by REPRESENTED BY THE SPP
NAGAVENI
Location: HIGH HIGH COURT OF KARNATAKA
COURT OF KALBURGI, KARNATAKA - 585 103.
KARNATAKA
2. DEEPA MOL
AGED ABOUT 39 YEARS
D/O KRISHNAN SREEKUMAR
R/AT SRIRAM SUHANA
NAGENAHALLI, BENGALURU
KARNATAKA - 560 064.
...RESPONDENTS
(BY SRI. P.THEJESH, HCGP FOR R1;
SRI. M.D.RAJKUMAR, ADVOCATE FOR R2)
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NC: 2024:KHC:28158
CRL.P No. 6721 of 2022
THIS CRL.P IS FILED U/S.482 OF THE CR.P.C PRAYING
TO QUASH THE ENTIRE PROCEEDNGS IN C.C.NO.53022/2021
PENDING IN THE FILE OF THE LD.XI ACMM, BANGALORE FOR
THE OFFENCE P/U/S 417, 420, 504, 506, 509 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question proceedings in C.C.No.53022 of 2021 registered for offences punishable under Sections 417, 420, 504, 506 and 509 of the IPC.
2. Heard Sri Siji Malayil, learned counsel appearing for the petitioner, Sri P.Thejesh, learned High Court Government appearing for respondent No.1 and Sri M.D.Rajkumar, learned counsel appearing for respondent No.2.
3. Facts in brief, germane are as follows:-
The 2nd respondent is the complainant. It is the case of the prosecution that the complainant on 21-10-2020 registers a complaint upon the petitioner, the sole accused. The complaint is that the petitioner on the score that he would get married to the 2nd respondent got an amount of Rs.9,50,000/- transferred and had also taken certain gold ornaments from her.-3-
NC: 2024:KHC:28158 CRL.P No. 6721 of 2022 This becomes a crime in Crime No.452 of 2020 initially for the offence punishable under Section 420 of the IPC. Police conduct investigation and file a charge sheet against the petitioner for the afore-quoted offences. Filing of the charge sheet has driven the petitioner to this court in the subject petition.
4. The learned counsel appearing for the petitioner would vehemently seek to contend that the relationship between the petitioner and the complainant was consensual and the petitioner had never informed the complainant that he would get married to her. No transaction has happened between the two. He would further contend that the petitioner has never blackmailed the complainant or any electronic mail is available with him.
5. The learned counsel appearing for respondent No.2/complainant contends that apart from financial transactions, the petitioner has all the pictures and videos of the complainant in the relationship with him. It is, therefore, he begins to threaten the complainant to extract money. He would further submit that charge sheet is filed and it is a matter of trial for the petitioner to come out clean. -4-
NC: 2024:KHC:28158 CRL.P No. 6721 of 2022
6. The learned High Court Government Pleader would also toe the lines of the learned counsel for 2nd respondent in seeking dismissal of the petition.
7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.
8. The petitioner and the complainant being in relationship for some time is not in dispute, as this is the narration in the complaint. The complaint that has triggered the entire issue, reads as follows:
"To The Police Inspector, Banaswadi Poli Station, Bangalore.
From, Deepa Mol, Daughter of KRISHNAN SREEKUMAR ShriRam Suhana 38 age Nagenahalli HINDU - EZHAVA Bangalore WIDOW Mobile -919539838329.
Sub:- Cheating section - 420.
As I Deepa Mol, the complainant hereby state as follow Sony Anto took me from the restaurant in Trivandrum, promising me that he will marry me. But, emotionally they were blackmailing me, took 9.5 lacs with a promise of offering a secured life for me and my son (special child).-5-
NC: 2024:KHC:28158 CRL.P No. 6721 of 2022 I transferred the Amount through Western Union, cash withdraw, Bank transaction and gold worth rupees 2.5 lacs to 3 lacs. (Abdomen Chain) I want his (1) 2 no. of hardisk, (2) 5 mobile phones (3) 3 pen drive (4) Hidden camera - key chain Cameras pen camera.
(5) All CDs (6) 2 Laptops - 1 broken, 1 working.
(7) Desktop Computer (8) 1 Laptop in Australia with his wife. (9) Bluetooth player.
My humble request before you is to provide compensation for all the reasons have stated above.
Sony Anto is a victim of "HPV VIRUS" where the same is affecting my life and carrier. Please do the needful Take the action as earliest as possible.
Thanking you Yours faithfully, Sd/-Deep Mol 21-01-2020"
The complaint is that the petitioner takes the complainant to a restaurant in Trivandrum promising that he would marry her. Then later gets several benefits out of the relationship and has recorded all the acts between the two and is blackmailing that he would circulate that in the media. The bank transaction of transfer of money is also narrated.-6-
NC: 2024:KHC:28158 CRL.P No. 6721 of 2022
9. The police conduct investigation and file a charge sheet. Summary of the charge sheet as obtaining in Column 7, reads as follows:
"¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ ¨Át¸ÀªÁr ¥ÉÆðøï oÁuÉ ¸ÀgÀºÀ¢ÝUÉ ¸ÉÃjzÀ ªÀiÁgÀÄw ¸ÉêÀ £ÀUÀgÀzÀ J¸ïJ¯ïJ£ï ²æà zÀAiÀiÁ¼ÀÄgÀªÀgÀ ªÀÄ£ÉAiÀÄ 3£Éà ºÀAvÀzÀ ªÀÄ£ÉAiÀÄ°è PÁ®A £ÀA 4 gÀ°è £ÀªÄÀ Æ¢ ¹gÀĪÀ DgÉÆævÀ ¸ÁQë-1 gÀªÀgÀ£ÀÄß ªÀÄzÀĪÉAiÀiÁUÀĪÀÅzÁV £ÀA©¹ CªÀjAzÀ 9,50,000/- ºÀt ªÀÄvÀÄÛ MqÀªÉUÀ¼À£ÄÀ ß ¥ÀqÉzÀÄ ªÀÄzÀĪÉAiÀÄÄ DUÀzÉ ºÀtªÀ£ÄÀ ß ªÁ¥À¸ï PÉÆqÀzÉà ¸ÁQë-1 gÀªÀgÀ£ÀÄß £ÀA©¹ ªÉÆøÀ ªÀiÁrzÀÄÝ ºÀt ªÀÄvÀÄÛ ªÀqÀªÉUÀ¼À£ÄÀ ß ªÁ¥À¸ÄÀ ì PÉýzÁUÀ CªÁZÀå ±À§ÝUÀ½AzÀ C²èîªÁV ¤A¢¹ ¤£ÀߣÀÄß fêÀ ¸À»vÀ ©qÀĪÀÅ¢®èªÉAzÀÄ ¥Áæt ¨ÉzÀjPÉ ºÁQgÀĪÀÅzÀÄ vÀ¤SɬÄAzÀ zÀÈqÀ¥nÀ ÖgÀÄvÀÛzÉ.
DzÀÄzÀjAzÀ DgÉÆævÀ£À «gÀÄzÀÝ ªÉÄîÌAqÀ PÀ®A ¥ÀæPÁgÀ zÉÆõÁgÉÆÃ¥Àu"
Filing of the charge sheet and issue of summons has driven the petitioner to this Court in the subject petition.
10. The submission of the learned counsel for the petitioner is that the petitioner does not have anything that the complainant is asking for and, therefore, he should be absolved, cannot be accepted at this juncture as it is a matter of trial or evidence that the petitioner has to undergo and come out clean from it for him to contend that there was no transaction between the complainant and the petitioner including transfer of any of the items as alleged. This Court cannot foreclose or pre-close the evidence for all that the -7- NC: 2024:KHC:28158 CRL.P No. 6721 of 2022 petitioner has done and quash the proceedings under Section 482 of the Cr.P.C. It is not one such frivolous case on merits.
11. For the aforesaid reasons, finding no merit in the petition, the petition stands rejected.
Sd/-
(M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 2 CT:SS