- 1 - NC: 2025:KHC:6014 CRL.P No. 1156 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1156 OF 2025 BETWEEN: ROSHEL BRITTO, D/O. ANTONY THOMAS, AGED ABOUT 32 YEARS, R/AT.SHIVALLI POST, VIA KUNJIBETTU, PERAMPALLI, UDUPI TALUK, UDUPI DISTRICT, PIN-576 225. …PETITIONER (BY SRI VIJAY SHETTY B, ADVOCATE) AND: MR. SHAYAN ORNAL CRASTA, S/O. LEBIN OSWALD CRASTA, AGED ABOUT 33 YEARS, CHEMICAL ENGINEER, FORMER RESIDENT OF KEMMANNU, MOODUTHONSE VILLAGE, UDUPI TALUK AND DISTRICT. CURRENTLY R/AT: MANDOVI ACROPOLIS, BEHIND UDUPI CITY MUNICIPALITY, UDUPI TALUK AND DISTRICT, PIN-576 115. …RESPONDENT (BY SRI BHAVISH KANDAL AND SRI NAGARAJA B.G. ADVOCATES) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) TO A) CALL FOR RECORDS; B) QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER, INCLUDING THE ORDER PASSED BY THE HON'BLE PRL. CIVIL JUDGE AND JMFC, UDUPI IN P.C.R NO. 492/2024 DATED 26.06.2024 IN ISSUING PROCESS AGAINST THE PETITIONER HEREIN, IN TAKING COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER SECTION 500 OF IPC, BY REGISTERING THE CRIMINAL CASE IN C.C NO. 2721/2024. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6014 CRL.P No. 1156 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: "WHEREFORE, the petitioner in the above case, most respectfully prays that this Hon'ble Court be pleased to, a) Call for the records; b) Quash the entire criminal proceedings against the petitioner, including the order passed by the Hon'ble Prl. Civil Judge and JMFC, Udupi in P.C.R No. 492/2024 dated 26.06.2024 in issuing process against the petitioner herein, in taking cognizance of the offence punishable under Section 500 of IPC, by registering the criminal case in C.C No. 2721/2024, c) To grant such other relief/s as this Hon'ble Court deems fit and proper, in the circumstances of the case, to meet the ends of justice and equity." 2. Heard the learned counsel for petitioner, the learned counsel for respondent and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the impugned order dated 22.06.2024 (26.6.2024) passed by the trial Court taking cognizance of the offences punishable under Section 500 - 3 - NC: 2025:KHC:6014 CRL.P No. 1156 of 2025 IPC as against the petitioner/accused in order to point out that the impugned order suffers from non-application of mind and the trial Court has not given valid or cogent reasons as to why cognizance was being taken for the alleged offences as against the petitioner. It is also submitted that the petitioner has valid defence to urge in the proceedings and as such, the impugned order deserves to be quashed. 4. Per contra, the learned counsel for respondent would support the impugned order and submits that there is no merit in the petition and that the same is liable to be dismissed. 5. A perusal of the material on record will indicate that the respondent filed the aforesaid private complaint in PCR No.65/2023 for the alleged offences under Section 500 IPC against the petitioner. It is a matter on record and an undisputed fact that the petitioner and respondent are husband and wife. In this context, the perusal of the impugned order will indicate that the trial Court has taken into account the evidence of the respondent/complainant- PW1 as well as the witness PW2 and has examined the documentary evidence produced by respondent at Exhibits P1 to P12 and has come to the prima facie conclusion that - 4 - NC: 2025:KHC:6014 CRL.P No. 1156 of 2025 the matter required cognizance to be taken for the purpose of proceeding further in the matter. While arriving at the said conclusion, the trial Court held as under: ”This complaint is filed under section 200 Cr.PC., for the offences punishable under section 500 IPC, it is averred in the complaint that complainant enjoys good reputation in the society and he got married to Mrs Roshello Britto on 11/2/2018 at st Theresa church kemmanu udupi and the marriage did not go well and finally she filed a case against the present complainant which came to be registered as crime no 33//2020 before women police station before the Hon'ble Court Prl civil judge women MC 305/2021. And the core allegation is that this accused is continuously harassing her by casting false allegation that he is living adulterous life by publishing the same in newspaper and media platforms and further on 16/8/2023 the complainant received an email to his Gmail, account shayancrasta5@gmail.com and the said email was forwarded by the official business male of Sahara oil fields supplies and trading with limited liability i.e., sahaofs@saharofs.com the business enterprise where the complainant used to work as sales engineer upto 31/1/2021 and the email was forwarded to the official id of the said institution and the said email sent was from roshbritto@gmail.com under the heading urgent help needed, all the officials of sahara unit alleged to have read the email and thus his reputation was tarnished and now unfortunately the emolyees started to believe him that he is pervert and womeniser and mentally unfit and further it is averred that he - 5 - NC: 2025:KHC:6014 CRL.P No. 1156 of 2025 has performed all such acts which are within his knowledge and further misused the photos and documents and reputation of the complainant is lost further the accused is residing at Udupi and she has used her computer device to commit the crime and due to the same he couldn't file the complaint at the station immediately and this complainant had filed a complaint at the CEN police station Udupi C.NO:296/PTN/CENPS/2023 and issued an endorsement dated 22/9/23 stating that they no power to take action. 02. Further the complainant went to Udupi Police Station to registered the case. But they did not registered the case, but some and accused for seeking explanation by her. And she visited the Police Station and admitted that, she published the said defamatory and she had the audacity of showing saying that she would continue the same. Further, she started to peruse carrier for LLB and he need to attend the examination up to 13-02-2023. So therefore prays to take legal action against the accused. Further the order sheet revels that, the complainant got examined as PW.1 and got marked the document Ex.P1 to Ex.P3 and matter got adjourned for further sworn statement. And further got marked Ex.P4 to Ex.P8 and further PW.2 is examined and got marked the document Ex. P9 to Ex.P12 and close the side. 03. Perused the records placed in this case the following points which arise for my consideration is:- 1) Whether the complainant has made out grounds to take cognizance for the offence punishable U/Sec.500 of IPC? 2) What Order? - 6 - NC: 2025:KHC:6014 CRL.P No. 1156 of 2025 04. The findings on the above points are as under:- Point No.1: In the Affirmative Point No.2: As per final order, for the following; REASONS 05. Point No.1:- The complainant to prove the averments of the complainant got examined on oath and reiterated entire contents of the complainant, however for more clarity the said is been discussed. It is deposed before the Court that, he got married on 06-11-2017 traditionally and that time he was working Doha Qatar has chemical engineer and further the marriage traditionally took place on 11-02-2018. 06. And further after marriage they both started leaving at Qatar and 07-02-2018 his wife had come to India to find a Job at Bengaluru on 05-12-2020 at dowry harassment case, before Udupi Women Police Station is been filed and 06-12-2020 she got published the said case information in Udayavani also got published in Web Portal l.e aijiworld.Com., and writ petition No.7151/2021 was preferred before Hon'ble High Court of Karnataka and further a petition for restitution of conjugal rights is been filed by him. And she had filed Divorce petition in M.C.No.305/2021. 07. Further 16-08-2023, he received an E-mail from the director of Sahara Oil Field to his personal E-mail address under caption seeking urgent help in an abusive situation. Wherein false allegation is being made that, he is a drug abuser and mentally unstable person. The matrimonial case is being confidential but unfortunately, she made it public and 9 employees at of his firm who are residence of Udupi, Kodagu, came to no the said fact. Unfortunately he did not succeed to - 7 - NC: 2025:KHC:6014 CRL.P No. 1156 of 2025 the post of the Director due to the said act committed by his wife. Further she had send some photographs along with said E-mail portraying him as an alcoholic, sexual offender leading adultly life. Since, his complaint did not get registered CEN Police Station Udupi. This petition came to be filed. Further, his wife admitted that she had send the said E-mail. And she has also further stated that, if the divorce is not being granted she would publish defamative letters. And thus he his compensation for the same. Ex.P1 is Aadhaar Card, further got exhibited Ex.P2 wherein some certain documents are being extracts from his mobile to prove Epson L3150 Printer and further also got marked that the E-mail wherein subject matter is seeking Assistance in Abusive Situation. Further the said document reads that, she suffered physical, emotional and psychological abuse from her husband and family. And his behavior pathetic and he is the drug abuser and she is fade up with relationship and tries to end our marital relationship legally, but the complainant alleges to stop her and behave aggressively with her. And he he makes certain to hit her. Further her in laws have supported the said abusive behavior and continue to harass him. And there is record at Al wakra hospital regarding his mental illness. Further the E-mail also reads that, he understand the sensitivity of this matter and 6 guidance. Further photographs is shown where she is projecting the wound on lips. Further he text her that all eyes are upon her family and he would follow where ever she goes. Further a photograph is also attached with one lady wherein she has alleged that she has extra marital affair with her. Further there is an also photograph showing that is enjoying the alcoholic drinks with her. Further a photograph is also - 8 - NC: 2025:KHC:6014 CRL.P No. 1156 of 2025 being produced wherein he appeared to be smoking. Further his medical certificate is being attached showing that he is medically unfit and it is also from his medical report that, he is a chemical engineer in a company owned by his father and he is being treated with paliperidone report 100 mg monthly injection. And it is also reveals that, he was admitted to the hospital. And one pen-drive is marked to show that those documents are being taken out from that further got marked copy of acknowledgment showing that he has visited that Udupi CEN Crime. There is a acknowledgment that, the since this issue pertains to defirmation he does not have the right to filed the said complaint at the station concerned. Further got marked Ex.P7 wherein the Udupi Town Police Station advised him to go to the concerned Court for redressal office grievances. She has given explanation that he is being tourcharing her and her family members. She has send the contents on the E-mail address saharaofs.@saharaofs.com,. Further employment certificate is being exhibited marked as Ex.P9 which certified that Mr. Thonse Shivaprasad Nayak is a full time employee in the company. And is current designation is a manager in the esteemed company. Further there is a certificate of is employment that is average Rs.3,00,000/- and during his tenure his conduct was extremely good and he got included in attending meeting with clients supervising the design, installation and commissioning of equipment's, testing and logging of various chemicals and checking efficiency and process plant run consistency. Further Ex.P11 is got exhibited i.e. an E-mail send by the accused to the complainant Wherein she has falsely alleged about the complainant along with some photographs. Further Ex.P12 is a declaration receipt of an - 9 - NC: 2025:KHC:6014 CRL.P No. 1156 of 2025 Email wherein urgent help needed seeking assistance in abusive situations. After having gone through the averments of the complaint in support of the documents. At this stage of discussion this court likes to place reliance upon Sushma Rani and H.N, Nagaraja Rao Criminal Revision petition 152/2014, the facts of this refereed case is that husband had instituted a matrimonial case as wife in against his wife in the family court at Bengaluru seeking restitution of conjugal rights and in that proceedings the wife had made derogatory remarks in statement of objections and defamation case is being filed against her and thus the reputation is being brought down and thus it resulted in defamation and it was also noticed apart from making allegations she also made it public by informing to their family members and that amounted to defamation case. Now, in this background coming back to the facts of the case in this case defaming words are in writing this is known as libel, and the accused admitted that the email forwarded by her in the work place of complainant and altogether 9 employees were accessible to the email and thus it reached public and it was accessible and further the person being defamed is being identified by the statement and those remarks had a negative impact on the reputation of complainant now whether the said facts of email is false or true that can be found only during trial. Further the complainant has filed this complaint in writing and sworn statement is being recorded and further examined one more witness on his behalf, therefore complied section 199 crpc., Accordingly I answer to the Point No.1 in the Affirmative. - 10 - NC: 2025:KHC:6014 CRL.P No. 1156 of 2025 08. Point No.2:- In view of above said reasons mentioned above, I proceed to pass the following; ORDER Cognizance for the offence punishable under Section 500 of IPC., stands taken. Office is directed to register the case in register concerned and issue process against the accused." 6. As can be seen from the impugned order, the trial Court has correctly and properly considered and appreciated the entire material on record including the complaint, evidence of PW1, evidence of PW2, the documentary evidence at Exhibits P1 to P12 etc., and has recorded a prima facie finding that the matter warranted taking of cognizance and issuance of process to the petitioner/accused, who would be entitled to contest the proceedings in accordance with law. 7. Upon re-consideration, re-evaluation and re- appreciation of the entire material on record including the impugned order, I do not find any illegality or infirmity in the impugned order passed by the trial Court taking cognizance, especially, when the petitioner/accused would be entitled to contest the proceedings in accordance with law. Accordingly, I do not find any merit in the petition and the same is hereby disposed of without - 11 - NC: 2025:KHC:6014 CRL.P No. 1156 of 2025 interfering with the impugned order. Liberty is reserved in favour of the petitioner to urge all his contentions before the trial Court which shall consider and pass appropriate orders in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE tsn* List No.: 1 Sl No.: 33