Karnataka High Court
Sri. Gautham Ramamurthy vs State Of Karnataka on 22 November, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
1
Reserved on : 27.09.2024
Pronounced on : 22.11.2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.7883 OF 2024
BETWEEN:
1. SRI GAUTHAM RAMAMURTHY
S/O C.G.RAMAMURTHY
AGED ABOUT 49 YEARS
RESIDING AT AKSHYA 1001, OLETY
LANDMARK, NO.23, 3RD CROSS
2ND MAIN, BEHIND SUBRAMANYA
TEMPLE, NEAR AVANI SHANKAR
MUTT, V.H.B.C.S.LAYOUT
BENGALURU - 560 086.
INDICATED IN F.I.R AS:
SRI GAUTHAM RAMANA MURTHY
DOVER FUELING SOLUTION, BHAGAMANE
TECH PARK, C.V.RAMAN NAGAR
BENGALURU - 560 093.
2. SRI SHIVAKUMAR MATARANGIMATH
S/O RAJASHEKHAR B.M.,
AGED ABOUT 42 YEARS
RESIDING AT H.NO.246 SARVANI
3RD MAIN, 3RD CROSS
NEAR BANGALORE ONE, AVALAHALLI
NEW BDA LAYOUT, BANASHANKARI
3RD STAGE, BENGALURU - 560 085.
2
INDICATED IN F.I.R. AS:
SRI SHIVAKUMAR M.,
DOVER FUELING SOLUTION, BHAGAMANE
TECH PARK, C.V.RAMAN NAGAR
BENGALURU - 560 093.
3. MS. SHIVANI GUPTA
W/O MANAV CHHABRA
AGED ABOUT 46 YEARS
RESIDING AT FLAT NO. 6111, PRESTIGE
SHANTINIKETAN, ITPL MAIN ROAD
NEAR MANIPAL HOSPITAL
WHITEFIELD, BENGALURU - 560 048
INDICATED IN F.I.R. AS:
MS. SHIVANI GUPTA
DOVER FUELING SOLUTION, BHAGAMANE
TECH PARK, C.V.RAMAN NAGAR
BENGALURU - 560 093.
4. SRI SANGAMESH GUNDAPPA
S/O GUNDAPPA YARAGOL
AGED ABOUT 39 YEARS
RESIDING AT 2528, 12TH CROSS
NEAR GANESHA TEMPLE
AECS LAYOUT 'A' BLOCK
SINGASANDRA, BENGALURU - 560 068
INDICATED IN F.I.R. AS:
SRI SANGAMESH GUDIAPPA
DOVER FUELING SOLUTION, BHAGAMANE
TECH PARK, C.V.RAMAN NAGAR
BENGALURU - 560 093.
... PETITIONERS
(BY SRI SANDESH J.CHOUTA, SENIOR ADVOCATE FOR
SRI AMAR CORREA, ADVOCATE)
3
AND:
1. STATE OF KARNATAKA
BY BYAPPANAHALLI POLICE STATION
BENGALURU - 560 093
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. MS. ARUNA KUMARI
D/O MULLANG LAXMI
NARAYANA REDDY
AGED ABOUT 43 YEARS
RESIDING AT NO. 5-95/6609
ROAD NO.10, NEAR WATER TANK
BHEL METRO ENCLAVE
PATELGUDA, SANGAREDDY
TELANGANA - 502 319.
ADDRESS AS INDICATED IN THE F.I.R
DOVER FUELLING SOLUTION
BHAGAMANE TECH PARK
C.V.RAMAN NAGAR
BENGALURU - 560 093.
... RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1;
SMT. JAYNA KOTHARI, SENIOR ADVOCATE FOR
SRI NAVEEN CHANDRA V., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE FIR AND COMPLAINT IN
CR.NO.112/2023 REGISTERED BY THE RESPONDENT NO.1
BYAPPANAHALLI POLICE, PENDING ON THE FILE OF THE HON'BLE X
ACMM, MAYO HALL, BENGALURU, AS AGAINST THESE PETITIONER
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NO. 1 TO 4 WHO ARE ARRAYED AS ACCUSED NO. 3 TO 6, FOR THE
OFFENSES P/U/S 354, 506, 34 OF IPC, VIDE ANNEXURE 'A' AND 'B'
AND ETC.,
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 27.09.2024, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CAV ORDER
The petitioners/accused 3 to 6 are knocking at the doors of
this Court calling in question registration of a crime in Crime No.112
of 2024 registered for offences punishable under Sections 354, 506
and 34 of the IPC and pending before the X Additional Chief
Metropolitan Magistrate, Mayo Hall, Bangalore.
2. Facts, in brief, germane are as follows:-
The 2nd respondent is the complainant. The petitioners are
office bearers of one Dover India Private Limited (hereinafter
referred to as 'the Company' for short). The Company is said to
have been incorporated in the year 1994 and an innovation centre
5
was set up in the year 2003. The Company is said to be a fully
owned subsidiary of Dover Corporation, United States of America. It
is in the business of manufacture/assembly and sales of pumps,
insulate and certain transfer appliances. The Company is also in the
business of providing engineering and software development
services to all Dover group of companies worldwide which has
various plans across the country. The 1st petitioner is the Senior
Director - Engineering in-charge of business operations relating to
multi-disciplinary engineering teams; the 2nd and 3rd petitioners are
senior Human Resources Managers in the Company and the 4th
respondent is a Solutions Manager handling Information Technology
delivery team.
3. The 2nd respondent/complainant joined the Company on
5-02-2024 as a Scrum Master and her work allocation in the
building/Bagmane Laurel building was on the first floor. Based on
experience, work/projects were allotted to the complainant to get
involved into development of payment software used in the retail
fuelling equipment, primarily to be put into use in United States of
America. As per the policy of the Company, every new employee
6
was provided a detailed training plan to help the new employee
understand the Company's process and the software the Company
uses. After the 2nd respondent joining the Company, on the score
that she had more than nine years of experience in Information
Technology related services and had been working as a Scrum
Master, she is said to have been recruited. Since the complainant
was not a fresher and had sufficient background and experience for
the role she was taken, she was asked to complete certain online
training tasks. On 18-03-2024 the complainant is said to have been
put on a structured training plan as any other new employee.
Various complaints are said to have been generated against the
complainant on various occasions as she has refused to follow the
instructions of her Manager. The problem began to brew. The
feedback that the Company receives about the complainant was
found to be dissatisfactory.
4. On 02-04-2024 initially a mail was sent as an internal
correspondence highlighting issues about the complainant. This is
not marked to the complainant or mailed to the complainant. On
04-04-2024 an e-mail is sent to the complainant by the 2nd
7
petitioner bringing out summary of concerns about her. E-mails
exchanged internally in the Company. All these e-mails led to
certain allegations of harassment meted out by these petitioners
against the complainant and a complaint comes to be registered
before the jurisdictional police on 24-04-2024 at 11.45 a.m. The
Police then register a crime based upon the contents of the
complaint for the offences punishable under Sections 354 and 506
r/w 34 of the IPC in Crime No.112 of 2024. Investigation
commences. Police reach the doors of the Company to conduct
investigation. The petitioners reach the doors of this Court seeking
stalling of investigation.
5. Heard Sri Sandesh J.Chouta, learned senior counsel
appearing for the petitioners, Sri B.N. Jagadeesha, learned
Additional Special Public Prosecutor for respondent No.1 and
Smt. Jayna Kothari, learned senior counsel appearing for
respondent No.2.
6. The learned senior counsel appearing for the petitioners
would vehemently contend that this becomes a classic illustration of
8
Section 354 of the IPC or even Section 506 of the IPC. The persons
who are working in United States of America are also drawn as
accused Nos. 1 and 2 who have nothing to do with the happenings
in Bangalore and all those who are drawn into the web of crime in
Bangalore also have nothing to do with the allegations made. The
non-performer or a poor performer who was asked to perform,
refuses to perform her duties and has, therefore, faced termination.
The termination leads to registration of crime for offences under
Sections 354 and 506 of the IPC. He would submit that if the
correspondences between the petitioners and the complainant are
noticed, the proceedings cannot but be termed to be an abuse of
the process of law. He would seek quashment of the entire crime.
7. Per contra, the learned senior counsel representing the 2nd
respondent/complainant would vehemently refute the submissions
to contend that two people out of the petitioners have touched the
complainant inappropriately. Touching the complainant
inappropriately can undoubtedly become a crime under Section 354
of the IPC. All that the complainant sought was freedom of
movement and her belongings to be returned, which were snatched
9
away in an unceremonious manner. She was also removed in an
unceremonious manner. Therefore, the complainant had to reach
the jurisdictional Police for want of Committee in the organization to
redress grievances of sexual harassment within the Company - the
Internal Complaints Committee or the posh Committee as it is
known. She would submit that registering a complaint before the
Internal Complaints Committee is not a pre-requisite to register a
crime under Section 354 of the IPC. She would contend that the
matter requires to be investigated into as there is an allegation.
She would seek dismissal of the petition.
8. I have given my anxious consideration to the submissions
made by the respective learned senior counsel and have perused
the material on record.
9. A little history in the chain of events is required to be noted
in detail. The complainant claiming to be an experienced Scrum
Master joins the Company on 05-02-2024. The performance of the
complainant is said to be unsatisfactory. This leads to an e-mail
communication between heads of the Company and the 2nd
10
petitioner. The said mail was not forwarded to the complainant.
But, on 04-04-2024 the complainant has sent a mail. The mail trail
from 02-04-2023 to 04-04-2024 reads as follows:
"Shiva/Preeti,
Attached is the draft PIP for Aruna. Please let me know if you
need any additions or modifications. I hope we can start the PIP
soon as I would consider the resistance to feedback this
morning another incident.
I also added more info to the attached spreadsheet. Please use
this more recent version. Aruna's 30-60-90 Plan is also attached
for reference.
-------------------------------------
Matthew Falkenberg Arsheh
Sr. Manager, Solutions Engineering
Dover Fueling Solutions,
3814 Jarrett Way, Austin, TX 78728
P:+1 512 238 3609 M: +1 512 368 1693
[email protected]
www.doverfuelingsolutions.com
At Dover Fueling solutions, we are a team committed to doing
great things, collaborating to deliver exceptional business
results for our customers. We are accountable, results driven
and create value, through continuous improvement and
execution excellence.
Facebook/Instagram/Linkedin/Twitter/You Tube
From: Arisheh, Matthew
Sent: Thursday, April 4, 2024 11.36 a.m.
To:Matarangimath,[email protected]
; Bhat,Preet<[email protected]; Chism, Rich
<[email protected]>;Gundappa,Sangamesh<sangam
[email protected]>
11
Cc: Oliveira, Marco <[email protected]>;
Ramamurthy, Gautham <[email protected]>
Subject: RE: Issues with Recent Hire
Shiva,
Attached is a summary of multiple issues experienced
with Aruna's performance. Additional tabs show
screenshots of items from Word, Jira, Teams, and outlook
as reference. I can provide original copies if needed.
Sangamesh and I had a session with Aruna this morning
where I reviewed each issue and how to improve. I also
revisited her 30 days goals - due for review on 4/18,
setting the expectation that she must stay on track to
meeting these.
Unfortunately Aruna was extremely resistant to the
feedback. She was given multiple opportunities to talk
while the feedback was being given, but remained silent.
Once the feedback was completed we pressed her again
to provide some input and she did speak at length. We
took extra time passed the end of the meeting to hear her
out, but eventually ran out of time. We committed to
schedule another session to allow her to express herself.
However given her comments and tone, I do not believe
that she is accepting the feedback at all.
Matthew Falkenberg Arisheh
Sr. Manager, Solutions Engineering.
Dover Fueling Solutions,
3814 Jarrett Way, Austin, TX 78728
P:+1 512 238 3609 M: +1 512 368 1693
[email protected]
www.doverfuelingsolutions.com
At Dover Fueling solutions, we are a team committed to doing
great things, collaborating to deliver exceptional business
results for our customers. We are accountable, results driven
and create value, through continuous improvement and
execution excellence.
12
Facebook/Instagram/Linkedin/Twitter/You Tube
From: Matarangimath, Shivakumar
<[email protected]>
Sent: Wednesday April 3, 2024 8.25 PM
To: Bhat, preeti <[email protected]; Arisheh, Matthew
<[email protected]>;Chism,Rich
<[email protected]>; Gundappa, Sangamesh
<[email protected]>
Cc: Oliveira, Marco <[email protected]>;
Ramamurthy, Gautham <[email protected]>
Subject: RE: Issues with Recent Hire
Hi All,
We agreed that if there is a repeat instance even after this
feedback has already been given, we will initiate the PIP.
We must give a chance for the person to improve/perform after
the feedback has been shared. We can keep the PIP document
ready in the meantime.
Regards, Shiva.
Shivakumar Matarangimath
Manager HRBP, DIIC
Dover India Private Limited
Mob. +91 7337880312
From: Bhat, Preeti<[email protected]>;
Sent: Thursday, April 4, 2024 4:47 a.m.
To: Arisheh, Matthew <[email protected]>;
Chism, Rich <[email protected]>; Gundappa,
Sangamesh <[email protected]>;
Matarangimath, Shivakumar <smatarangimath@
dovercorp.com>
Cc: Oliveira, Marco <[email protected]>;
Subject: RE: Issues with Recent Hire
Hello Everyone,
We discussed,
13
1. Aruna needs to be put on a PIP effective
immediately.
2. Matthew will start the documentation and monitor
progress along with Sangamesh.
3. Shiva please make sure - hold a meeting with
Aruna, Sangamesh and Matthew to make her aware
she is on a PIP once Matthew has submitted the
documentation.
With this I don't think we need to have this meeting for
tomorrow morning. Matthew please cancel this. Thank
you.
Best Regards,
Preeti C.Bhat, SHRM-SCP
Director HR-North America.
Dover Fueling Solutions,
3814 Jarrett Way, Austin, TX 78728
M: +1 206 307 4077
[email protected]
www.doverfuelingsolutions.com
- Original Appointment -
From: Arisheh, Matthew <[email protected]>
Sent: Tuesday,April 2, 2024 8:22 AM
To: Arisheh, Matthew; Chism, Rich: Bhat, Preeti; Gundappa,
Sangamesh, Matarangimath, Shivakumar
Cc: Oliveira Marco.
Subject: Issues with Recent Hire.
When: Thursday, April 4, 2024 7:30 a.m (UTC-06:00)
Central Time (US & Canada)
Where: Microsoft Teams Meeting. .... .... ...."
Some concerns were noticed about the complainant. On
04-04-2024 the said communication is circulated to the
complainant. It reads as follows:
14
"Date: 04-04-2024
To: Aruna Kumari
From: Matthew Arisheh
Cc: Preeti Bhat
Subject: Need for immediate performance improvement.
--
During our discussion(s) on 4/3 with Sangamesh
Gundappa and Shivakumar Matarangimath and on 4/4
with Sangamesh Gundappa and Matthew Arisheh, we
have communicated to you that your performance in your
role as Scrum Master has consistently fallen short of the
Company's expectations during your tenure.
Unfortunately, despite these previous discussions and our
repeated efforts to assist you, your performance has not
improved. Accordingly, you must now take immediate
action and remedy these deficiencies. Your failure to
meet the expectations outlined here may lead to
disciplinary action, up to and including the termination of
your employment.
To help you achieve improved performance, I have
prepared the following memo, while aims to: (1) Describe
the key responsibilities and tasks that are required for
your position and which need immediate improvement;
(2) Summarize how your performance of those key
responsibilities and tasks has been deficient; (3) Describe
the expectations for how your performance must
improve; and (4) Outline the support we will offer you in
achieving improved performance.
Key Responsibilities and Tasks: Please note that this list
is not exhaustive and does not include all the duties that
are or may be assigned to your role, but rather focuses
on those areas where immediate improvement is needed.
• Completing New Employee Training Checklist
• Utilizing Version and Release Management
• Jira Ticket Categorization
• Capacity Planning
• General SM Duties
Performance deficiencies: We have observed the following
general issues with your performance:
15
• Not completing assigned training material
• Repeatedly given direction, but not following through
• Difficulty understanding or carrying out assigned tasks.
• Discussing compensation with and giving unauthorized
directions to team members
• Resistance to feedback when given
We have previously discussed in more detail some of the specific
ways in which your performance has been lacking. Here are
some specific examples of how your performance of the core
tasks listed above has been deficient:
• After over one month of being assigned the New
Employee Training Checklist, only 3 of 15 tasks were in
progress and the rest are not yet started. Requested to
make continued progress on this training material. Aruna
quickly responded by marking all tasks as in progress, but
obviously no actual progress on assigned training material
in that short period.
• After being assigned Utilizing Version and Release
Management task for over a month and a half, Aruna
responded that she should not be responsible for this task
and closed the ticket.
• Closing Jira Ticket Categorization task early when P/11
categorization not complete. Repeated training and
reminder need to complete the task.
• Repeated training covering the same material and
forwarding of the same information needed for P/12
Capacity Planning task.
• Argumentative posture in when asked to complete tasks
by following existing practice and when given feedback on
performance.
• Brought Ramesh's bonus and compensation topic to
Sangamesh, and expressed that he has concerns. Tried to
counsel him that you will give good feedback towards the
16
yearend, if someone reaches out. The compensation and
bonus is a sensitive and confidential topic and concerned
employee should discuss with his/her manager and HRBP
only. This is a deviation to company compensation
process. Please note that similar feedback has also been
given to Ramesh.
Expectations for Improved Performance:
• Meet performance, skills/knowledge, and process/method
objectives as laid out in detail in the 30-60-90 Plan Next
30-60-90 Plan review session scheduled for 4-18-2024.
• Improve willingness to follow through on tasks as
requested, remain open to feedback and be adaptable to
meet the needs of our team within the DFS environment.
• Practice active listening, understand roles and
responsibilities and not represent others or make
judgments about someone or someone's roles.
• In the coming 1-on-1 meeting with Sangamesh and
Matthew, please ask for any more clarifications, if needed
on the above pointers. Being new in the organization,
please try to learn more of organization culture, product
knowledge, processes, and gain the trust of everyone
involved.
• Must not represent others in compensation and related
performance dialog. This must not be discussed in team
sittings or even 1:1 with your peers and team
members..... .... ..."
(Emphasis added)
On 04-04-2024 it is said that a decision was made to place the 2nd
respondent/complainant on a Performance Improvement Plan (PIP)
17
effective immediately. E-mails were exchanged. This leads to
certain allegations by the complainant against the petitioners. All
these allegations revolve round one solitary date i.e., 18-04-2024.
Therefore, all the mail correspondences of 18-04-2024 are germane
to be noticed and they read as follows:
"Yahoo Mail: Search, Organize, Conquer
--- Forwarded Message ---
From: "Aruna M" <[email protected]>
To: "[email protected]" <david.crouse@dovertfs.
com>, "[email protected]" <[email protected]>,
"Kendra,[email protected]"<Kendra,[email protected]>
"[email protected]" <[email protected]>
[email protected] <[email protected]>,
[email protected] <[email protected]>
"[email protected]" <[email protected]>
"[email protected]" <
[email protected]>,
"[email protected]" <murat.guzel@doverfs,com>
"eduardo,[email protected]"
<[email protected]>,"hob.hairston@
doverfs.com" <[email protected]>.
Sent: Thu, Apr 18,2024 at 9:00 PM
Subject: Re: Harassment at workplace.
David,
Shivakumar and Shivani doing lot of harassment, just they
came and repeating same situation, in the afternoon they took
my laptop forcefully by keeping hand on my breast in front of
entire floor in presence of security and gautham.
Still I am experiencing the touch on my breast badly.
Now Shivani is telling that that's made by security guard and
Shiva is telling other story.
Do you think it's right way to touch woman breast over large
form. I request you to get the cc footage and check the visuals.
18
Now Shiva Kumar agreed that he only made my account block
by communicating with network team.
To cover one mistake and to protect one resource your
committing illegal tasks. Touching breast is may be simple act
for you but not me. I have interacted with at your last meet at
iic Bangalore and you told me clearly that you are going to
increase the women head count at iic Bangalore
Really I don't have words to write further words.
How come some one touch women, Employee breast even we
won't allow to doctors to touch.
We took some pics when you are at iic Bangalore now feeling
shy on same.
I am unable to control my emotions in my breast part. I was
crying since morning by experiencing that sensitivity.
Thanks
Aruna
Yahoo Mail: Search, Organize, Conquer
On Thu, Apr 18,2024 at 6.53 p.m. Aruna M
<[email protected]> wrote:
Hi David,
I am not understanding why security following and controlling
me even I go to washroom for urination, they came to me till
toilet and controlling me there itself. Also doing different body
gestures when I go for water also.
My personal rights are violating. I understood from security that
Shavani arranged and Shivani commended that poor security to
capture and control everything.
Thanks,
Aruna
Yahoo Mail: Search, Organize, Conquer
On Thu, Apr 18, 2024 at 6.21 p.m. Aruna M
<[email protected]> wrote:
Hi David,
Few minutes back HR-Shivani Gupta sent my bag with Physical
security Guard but I did not accept it. I suggested security
guard to take it back as I would like to take this matter to
19
external forums and for legal assistance since no one have
rights to touch my personal belongings.
Thank you,
Aruna M.
On Thursday, April 18, 2024 at 05:37:56 PM GMT+5:30, Aruna
M <[email protected]> wrote:
Hi David,
HR team -Shivani Gupta also took my personal belongings
including my cash wallet which is inside my laptop bag.
Thank you,
Aruna M.
On Thursday, April 18, 2024 at 05:23:57 PM GMT+5:30, Aruna
M <[email protected]> wrote:
Also, HR - Shivani Gupta forcing me to come to a discussion
room without scheduling a meeting.
I am keep on requesting HR to scheduling a meeting but they
are forcing me to come to meeting room without scheduling a
meeting invite.
Thank you,
Aruna M.
On Thursday, April 18, 2024 at 05:24 PM GMT+5:30,
Aruna M<[email protected]> wrote:
Hi David,
Now the HR Team - Shivani Gupta forcefully took my laptop and
forcing me to leave the floor.
Thank you,
Aruna M.
On Thursday, April 8, 2024 at 04:53:10PM GMT +5:30,
Aruna M <[email protected]> wrote:
20
Hi David,
Today morning Shivani Gupta from HR team came to my desk
and harassing me and forcing me to join the meeting that
without any meeting invite. I clearly told Shivani Gupta that I
am already in a meeting and requested Shivani Gupta to
schedule a meeting. Sangamesh also did the same thing with
HR -Shiva Kumar few times recently. This is all about
discrimination at workplace. They suspected and threaten in
unscheduled meeting few times.
Suddenly my doverFS account got blocked and when I spoke
with network team they said HR -Shiva Kumar and Shivani
Gupta told to network team that to block my account and
contact them. This what your leadership is.
Employees are not slaves. Under your leadership, employees
removed from the meeting, threatening from unscheduled
meeting, insulting in front of organization, damaging
professional respect and blocking my account when I raised my
concerns.
Since under the leadership direction my account get blocked, I
am writing this email from my personal mail box.
Hope@david this is not happening under your direction. As a
women employee, if something goes wrong to me and to my
job, I do not mind to reach out labour Court of India and other
forums to safeguard my rights at workplace.
Thanks
Aruna."
The complainant initially at about 5.20 p.m. on 18-04-2024 sends a
mail contending that her laptop was taken away. The afore-quoted
communication only read that "Shivani Gupta forcefully took my
laptop and forcing me to leave the floor". So the laptop was
21
already taken. At about 5.23 p.m. another mail comes about,
which is quoted hereinabove. Here, the complainant states "Shivani
Gupta forcing me to come to a discussion room without scheduling
a meeting". Here again there is no allegation of sexual harassment.
At about 9.00 p.m. another mail is sent on the same day. The said
mail is as aforequoted. In the said mail, the complainant
communicates that one Shivakumar and Shivani are doing whole lot
of harassment; they came and repeated same situation like in the
afternoon. They took "my laptop forcefully by keeping hand on my
breast in front of entire floor in presence of security and Gautham".
10. Here begins the allegation of Section 354A of the IPC,
being set in. The allegation is, Shivakumar and Shivani took the
laptop forcibly. The laptop had already been taken at 5.20 p.m.
There was no allegation of any force or presence of Shivakumar at
that time. Shivakumar is accused No.4. Owing to poor performance
of the complainant she was terminated. The termination happens
on 19-06-2024 which is received by the complainant on 20-06-
2024 against which a legal notice is caused upon the Company. The
22
legal notice assumes certain significance. Certain paragraphs of the
legal notice dated 16-08-2024 which are germane, read as follows:
".... .... ....
13. The next day on 18th of April 2024, my client was
invited for an unscheduled meeting by one of her colleagues Ms.
Shivani Gupta at around 3:30 p.m. in the afternoon. Despite
communicating that she had a mandatory onboarding meeting
scheduled at that time, my Client was forced to attend the said
unscheduled meeting arranged by Ms. Shivani Gupta.
Immediately after my Client conveyed that she was unable to
attend the meeting, her work email account was blocked and
her credentials were deactivated leaving her without any access
to carry out her work or even leave the floor. Thus, my Client
approached the IT Team but received no response yet again. It
is pertinent to note that at this moment, the security staff
started following my Client including at times when she went to
the restroom and started intimidating her by knocking on the
door which caused her extreme stress and discomfort. The same
day at around 4.30 p.m on the security guards along with Mr.
Ramamurthy, Mr. Shivakumar and Ms. Shivani Gupta, forcefully
took possession of my client's laptop, personal belongings
including lunch box, water bottle, wallet, lunch bag, and her
purse which had valuables including 4 gold bangles, 2 pairs of
gold earrings, 2 gold chains, 1 gold nose pin, 2 gold rings and 1
pair of silver anklets, and cash up to Rs.10,000/-.
14. It is brought to your notice that while confiscating my
client's possessions, Mr. Shivakumar, Mr. Ramana Murthy and
the security guards inappropriately touched her breasts without
her consent, in front of the entire floor leaving her extremely
traumatized and in tears. Even after this, she was not allowed to
leave the floor or given back her personal belongings, intact
they began threatening her that they would call the Police.
15. Thereafter, around 1:30 a.m. Mr. Shivakumar, Ms.
Shivani Gupta and Mr. Ramana Murthy called the Police in order
to threaten my client, and detained and wrongfully restrained
my client in the office all night without providing her any food,
water and sleep. Subsequently, my Client called the police
23
helpline from her phone and the police arrived at the office
around 3.00 a.m. With the help of the Police, my client was
finally able to leave the office and she reached home at around
6:30 a.m. in the morning on 19th April 2024 without any of her
belongings which remained to be in the custody of your
company. It is brought to your notice that as a result of the
above-mentioned incident, my Client was suffering from severe
dehydration and fever the next day caused by extreme stress
and trauma.
16. It is submitted that my Client sent multiple emails to
the Company officials from her personal email, from 4.30 p.m.
on 18th April 2024 to 12:00 p.m. on 19th April 2024, regarding
the above-mentioned incident specifying the physical, mental,
sexual harassment and the wrongful confinement she had to
face the previous night. However, my client did not receive any
response from the Company.
17. Subsequently, from 22nd April to 24th April 2024, my
Client went to the office but both the Bagmane physical security
and Dover physical security restricted her from entering the
office and in fact began harassing and misbehaving with her
upon your management's directions. Thereafter, my Client sent
several emails to your Company heads in India as well as in the
USA seeking assignment of daily tasks but she received no
response yet again.
18. On 24th April 2024, my Client received an email from
Mr. Shivakumar which stated that she has been granted her
paid leave till 15th May 2024. It is submitted that my client had
never requested for any leave and was instead constantly
reaching out to your company to be assigned her daily tasks.
Thereafter, my Client again received emails on 14th May, 31st
May and 14th June stating that her paid leave was extended till
31st May, 14th June and 20th June respectively. It is submitted
that despite not applying for any leave, my Client was purposely
granted paid leave so as to keep her out of work for as long as
possible.
19. Thereafter, to my client's shock she received a
termination letter from you, dated 19th June, 2024 terminating
my client's employment as the Technical Scrum Master at Dover
India Private Limited with effect from 20th June, 2024 on the
ground that the project requiring my Client's services had
24
slowed down and therefore, the company did not require her
services anymore. The letter also stated that she would be paid
2 month's gross salary in lieu of a notice period in terms of the
Employment Agreement, which shall be credited to her
designated bank account on or before 20th June 2024.
20. It is submitted that my client is being wrongfully
terminated by the Company solely because she raised
complaints of sexual and physical harassment after being
harassed and illegally confined in the office by members of the
management of the Company.
21. It is further submitted that since there was no
Internal Complainant Committee set up by your company, my
client therefore lodged criminal complaints at the Byppanahalli
Police Station bearing FIR No.112 of 2024 and 113 of 2024.
22. My client had made sure to report to both the HR and
the higher management authorities about the physical and
sexual harassment she faced in your company. However,
despite her multiple attempts of seeking redressal, she has
constantly been subject to unwarranted hostility.
23. Therefore, in the light of the above-mentioned facts
and circumstances, you are hereby directed to:
(i) Immediately withdraw the termination letter and all
the allegations and claims made in the said
termination letter dated 19th June 2024 and reinstate
my Client in her position without prejudice at a
separate workplace and provide her with safety and
security:
(ii) Pay a compensation amount of Rs.1,50,00,000/-
(Rupees One Crore, Fifty Lakhs only) for the sexual
harassment caused to my client during the time of her
employment.
(iii) Conduct an immediate and impartial investigation into
the sexual harassment faced by my client based on
the emails sent by her and as stated herein;
25
(iv) Provide my client with a full copy of all the documents
related to her employment including experience letter,
pay slips, Form 16 for 2023- 2024 and 2024-25."
The story of 18-04-2024 appears at paragraph 13 supra and ends
with the claim of compensation of `1,50,00,000/- for sexual
harassment of the complainant in the Company. Even before the
said notice could be caused upon the Company, a complaint was
registered before the jurisdictional Police. Certain paragraphs of
the complaint dated 24-04-2024 are necessary to be noticed and
they read as follows:
".... .... ....
On 17th April, we had a scheduled meeting - PI planning
at organization level scheduled by Ubeda around with
255+members and the meeting starts from 5 pm. IST to 10
IST. It's a recorded session with interest of referring it in future.
Leadership also present in the meeting. We had similar sessions
on 15th April, 16th April as well and those are also recorded. On
17th April, between 9 p.m. to 10 p.m. IST, There is a session
called Retrospective where everyone can speak challenges from
any directions so that we can have detailed discussion and we
will land at corrective and preventive actions. So, one of the
resources brought a concern and presented that leadership is
required coaching on SAFE ACLE to safeguard the process and
address people related challenges.
Inattention to the above concern, I started sharing my
views and observations to host of the meeting and she is adding
points to my conversation. We both are talking different points
on coaching team, safe guard the process etc. Without couple
of minutes I lost from the meeting and when I try to rejoin the
26
meeting I came to know that I got removed and blocked from
the meeting and meeting chat forcefully and purposefully. So
when I check with Host - Ubeda on removal from the meeting,
Ubeda said she do not know that I got removed from the
meeting. Then I came to know that Sangamesh Gudiappa
removed and blocked me from the meeting and meeting chat
forcefully and purposefully that without communication to me or
host Ubeda. I requested host and other participates to add me
into the meeting. They confirmed that they tried to add but its
not happened because of full restrictions by Sangamesh
Gudiappa.
Its fully and completely violation of the corporate laws,
Harassment, Inequality, Discrimination at workplace,
threatening of job termination, insulting in front of large team
members, damaging individual's professional and personal
respect. Influencing employees with designations and being in
the system for long time and controlling people.
It is a great insult to a woman resource to remove from
the meeting over big forum in front of 255+members under the
presence of leadership. I requested justification from
Sangamesh Gudiappa on his act of removal from the meeting
and support from leadership that over email.
During the meeting when I was speaking about people
and process challenges, Sangamesh Gudiappa realized that
Aruna is revealing the way Sangamesh Gudiappa Harassed
Aruna, treated Aruna Unequally, Discriminated Aruna at
workplace, threatening Aruna of job termination, suspected
Aruna, Influenced employees with Sangamesh Gudiappa's
designations and being in the system for long time and
controlling people. Of the same reason without any
communication to me, Sangamesh Gudiappa removed and
blocked me from the meeting and meeting chat forcefully and
purposefully.
Including above and other proofs and evidences are in my
laptop on same reason forcefully blocked my account and took
my laptop by above mentioned team with conspiracy.
27
On 18th April morning, I went to office as usual at 10.30
a.m. IST and every day I am working from 10:30 a.m. IST to
11:30 p.m. IST sometimes its 1 a.m. also.
Removing and blocking me from the meeting is big insult
and matter of individual self and profession respect. So, get
advice and justification from leadership I sent an email. But
leadership did not respond. But in background the leadership
team communicated to HR team and network team to remove
and block my access to all the services and communication to
make sure this matter should not be reached to top
management. Under leadership - David Crousa control the HR
team, Network team, Gotham Ramana Murthy and physical
security staff started harassing me physically and mentally.
Under leadership - David Crousa, the HR team and
Gotham Ramana Murthy started threatening by encouraging
physical security staff so they started controlling that not to
move anywhere from workstation, following me when I go to
restroom, knocking doors when I am inside rest room.
Around 3:30 p.m. IST on 18th April 2024, Shivani Gupta
came to my desk and forced me to come to private room. At
that time I was into a scheduled meeting and that was between
3 p.m. to 4.30 I guess Shivani Gupta knows about the meeting I
am in and also Shivani Gupta knows importance of the meeting
I am ready in. Even though she forced me to come along with
her. Then I asked requested to schedule meeting very politely
by show casing current situation. The reason I requested to
scheduled a meeting so that we can refer in future that what we
discussed, but Shivani Gupta was not ready to schedule a
meeting. In previous, all I mentioned in above of the complaint
document, I have experienced same situation with Sangamesh
Gudiappa and Shiva Kumar M forced me to join the unplanned,
unscheduled meeting and started harassing and threatening and
its off the record as there is no scheduled meeting. The same
way Shivani Gupta forced me to pull into private room to harass
and threaten me. Shivani Gupta was ready to schedule a
meeting when I requested she left from my work station and
blocked my account completely to access and communicate my
resources.
28
When I reached out to IT team to unblock the account,
they said that HR team guided them to block my account and IT
team said that please go to HR private room as same was to
told to it team by HR team.
Again, Immediately Shivakumar, Shivani and
Ramana Murthy came to my desk and in front of all
employees took my laptop when I hold laptop to my
breast by keeping hand on my breast. They also tried to
take my phone but I put hard efforts to keep with me. I
was started crying when they touched my breast. With
heavy force Shivani took my laptop and my personal
belongings which including very valuable items. I
mentioned them clearly that I am having valuable articles
and amount in the bag though they took my bag.
Immediately I wrote email to David Crouse, Marco for
help, and support from my personal email id by stating
the issue and how foolish way they behaved with me on
floor. They also tried to through me out from floor with
the help of security guards.
They increased dose of harassment as per the
instructions of David and Marco. I understood these from
Shiva Kumar, Shivani and Ramana Murthy when I said no
to leave floor. Even they harassed me when I went to
toilet also. That is only the place Dover is having for
women resources to take rest, there are no nap rooms,
wellness rooms, separate feed rooms for women
employees.
Even they followed me and controlled me when I went to
drink water and pass urine. Security guard hitted toilet rooms
when I was in toilet. Security guard forcibly took me from
Bathroom couple of times.
... .... ...
While leaving, Inspector asked me to give door access but
access got removed for access card.
I sincerely request you to protect my primary rights
as I was suffered on Dover floor without food, water and
without passing urine with great insult of discrimination
and other kind of harassment which I mentioned above.
29
My health got spoiled because of their harassment. Now
it's not in my control. Above mentioned team completely
damaged my social, personal, professional, health status
in all directions.
I am attaching all the emails which I placed over
my personal email along with few recordings. But, you
can get full evidences if you identify cc footage. Also get
the recording for the 17th April incident. I can also
provide more evidences if you get my laptop back from
Shivani Gupta.
Believing and trusting police department for the unbiased
investigation without influencing external pressures. Because a
women employee is fighting for her rights against a big
corporate company is no so easy thing.
I am also reaching women and child welfare department,
human rights committee, labour court and other public, private
and government forums for justice."
(Emphasis added)
11. The crux of the allegation is that, three people
M.Shivakumar, Shivani Gupta, and one Ramana Murthy came to her
desk and in front of all employees took her laptop and it is her
specific allegation that when she was holding the laptop to her
breast, they took the laptop touching the breast. The main
allegation is against two people i.e., M. Shivakumar and Shivani
Gupta. The communication afore-narrated would clearly indicate
that Shivani Gupta and the second petitioner - Shiva Kumar
30
snatched the laptop by which the breast of the complainant were
touched. The complainant further narrates that she felt pain in the
breast area as it was touched by aforesaid two people. The
communications clearly narrate that security taps on the door and
ask her to leave as the timings were over. But, she refuses to
leave and that is shown as she was retained in the Company. All
sprang on account of the alleged laptop being snatched. The laptop
was snatched at 5.20 p.m. Nothing is told about the breast being
touched at 5.20 p.m. Laptop was already taken away. Offence
under Section 354 of the IPC is alleged. Section 354 of the IPC
reads as follows:
"354. Assault or criminal force to woman with
intent to outrage her modesty.--Whoever assaults or uses
criminal force to any woman, intending to outrage or knowing it
to be likely that he will thereby outrage her modesty, shall be
punished with imprisonment of either description for a term
which shall not be less than one year but which may extend to
five years, and shall also be liable to fine."
It deals with punishment for assaulting or using criminal force
against a woman with an intent to outrage her modesty. Not for
nothing the complainant makes a hue and cry about the pain in her
breast area and her not being permitted to use the washroom and
31
other narratives in the complaint. All are pointed against the Shiva
Kumar, the second petitioner who is said to have snatched the
laptop by inappropriately touching the complainant. This Court
specifically asked the petitioners to produce the floor plan to see
whether the CCTV is installed in the area or not. The floor plan is
produced. CCTV is not installed in the said area as it is personal
place of employees and there is both ways to the wash room.
Therefore, there is no visuals of what the complainant complains of,
particularly against the second petitioner - accused No.4.
Therefore, it becomes a matter for investigation in the least only
against accused No.4, the second petitioner. Against other
accused, if further investigation is permitted to continue, it would
become an abuse of the process of the law.
12. The investigation by the Police requires to be obliterated
against all, except the second petitioner - accused No.4, failing
which it would run foul of the judgment of the Apex Court in the
32
case of STATE OF HARYANA v. BHAJAN LAL1, wherein it is held
as follows:
".... .... ....
102. In the backdrop of the interpretation of the various
relevant provisions of the Code under Chapter XIV and of the
principles of law enunciated by this Court in a series of decisions
relating to the exercise of the extraordinary power under Article
226 or the inherent powers under Section 482 of the Code which
we have extracted and reproduced above, we give the following
categories of cases by way of illustration wherein such power
could be exercised either to prevent abuse of the process of any
court or otherwise to secure the ends of justice, though it may
not be possible to lay down any precise, clearly defined and
sufficiently channelised and inflexible guidelines or rigid
formulae and to give an exhaustive list of myriad kinds of cases
wherein such power should be exercised.
(1) Where the allegations made in the first information
report or the complaint, even if they are taken at
their face value and accepted in their entirety do
not prima facie constitute any offence or make out
a case against the accused.
(2) Where the allegations in the first information report and
other materials, if any, accompanying the FIR do not
disclose a cognizable offence, justifying an investigation
by police officers under Section 156(1) of the Code except
under an order of a Magistrate within the purview of
Section 155(2) of the Code.
(3) Where the uncontroverted allegations made in the FIR or
complaint and the evidence collected in support of the
same do not disclose the commission of any offence and
make out a case against the accused.
1
1992 Supp (1) SCC 335
33
(4) Where, the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under
Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint
are so absurd and inherently improbable on the
basis of which no prudent person can ever reach a
just conclusion that there is sufficient ground for
proceeding against the accused.
(6) Where there is an express legal bar engrafted in any of
the provisions of the Code or the concerned Act (under
which a criminal proceeding is instituted) to the institution
and continuance of the proceedings and/or where there is
a specific provision in the Code or the concerned Act,
providing efficacious redress for the grievance of the
aggrieved party.
(7) Where a criminal proceeding is manifestly attended with
mala fide and/or where the proceeding is maliciously
instituted with an ulterior motive for wreaking vengeance
on the accused and with a view to spite him due to
private and personal grudge."
(Emphasis supplied)
13. For the aforesaid reasons, the following:
ORDER
(i) Criminal Petition is allowed in-part.
(ii) FIR in Crime No.112 of 2024 registered at Byappanahalli Police Station and pending before the 34 X Additional Chief Metropolitan Magistrate, Mayo Hall, Bangalore stands quashed qua petitioner Nos.1, 3 and 4/accused Nos.3, 5 and 6.
(iii) Criminal petition stands dismissed insofar as petitioner No.2 - accused No.4 is concerned.
(iv) Investigation against petitioner No.2 - accused No.4 shall continue. He is at liberty to avail of such remedy as is available in law, at the appropriate time in the appropriate proceedings.
(v) It is made clear that the observations made in the course of the order are only for the purpose of consideration of the case of petitioners under Section 482 of Cr.P.C. and the same shall not bind or influence the proceedings against any other accused pending before any other fora.
Sd/-
(M. NAGAPRASANNA) JUDGE Bkp CT:SS