Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24680 CRL.P No. 7931 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 7931 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN:
SRI.R. RANGADHAMAIAH S/O LATE CHIKKA RANGAPPA AGED ABOUT 58 YEARS R/AT WARD NO 21, ARVINDA NAGAR, GOWRIBIDANUR CHIKKABALLAPUR 561208
WORKING AS ASSISTANT TEACHER ACHARYA HIGH SCHOOL MANCHENAHALLI VILLAGE GOWRIBIDANUR TALUK CHIKKABALLAPUR DISTRICT 561211 …PETITIONER (BY SRI. ADINARAYANAPPA., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY MANCHENAHALLI P S GOWRIBIDANUR TALUK CHIKKABALLAPUR DISTRICT REPT BY STATE PUBLIC PROSECUTOR HIGH COURT BUILIDNG BANGALORE 560001.
2.
SOWMYA B V D/O VISHWARADHYA B S AGED ABOUT 32 YEARS R/AT NITRTAHALLI VILLAGE
Digitally signed by REKHA R Location: High Court of Karnataka
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MADHUGIRI TALUK TUMKURU DISTRICT 572132 …RESPONDENTS (BY SRI. VENKAT SATYANARAYANA.A., HCGP FOR R-1;
SRI. KARTHIK.N., ADVOCATE FOR SRI. PARIKSHIT.S.S., ADVOCATE FOR R-2)
THIS CRL.P IS FILED UNDER Section 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR AND COMPLAINT REGISTERED BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONER IN CR.NO.116/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 354A, 354D, 504 OF IPC AS PRODUCED AT ANNEXURE-A, ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER
Petitioner who is arraigned as accused has filed this petition under Section 482 of the Code of Criminal Procedure, seeking quashing of criminal proceedings initiated against him in Cr.No.116/2023 for the offences punishable under Sections 354-A, 354-D, 504, of IPC. 2. In support of the petition, the petitioner has contended that on the complainant filed by respondent No.2 concerned policed have registered crime No.116/2023
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for the offences punishable under Section 354-A, 354-D, and 504 of IPC. The petitioner and respondent No.2 are working as teachers in Acharya High School, Manchenahalli, run by national rural education association. The allegation made in the complaint are false. To prevent the promotion of petitioner false complaint is filed. The petitioner is the senior most teacher working in the said school and is eligible for promotion. When promotion was not given to him, he filed Writ petition for direction to fill- up the post. To avoid petitioner getting the promotion through respondent No.2 complaint is filed. There is also political interference in the case. There is inordinate delay 2-3 years in filing the complainant. In the said High School he is the only person belonging to marginalized society. Respondent No.2 is in the habit of filing false complainant. Continuation of the criminal proceedings would amount to abuse of the process of the Court and prays to allow the petition. - 4 -
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3. In support of his arguments, learned counsel for petitioner has relied upon the following decisions: i) Pramod Kumar Vs. State of UP and others (Pramod Kumar)1 ii) Narendra Kumar Santraj Sharma Vs. State of Maharashtra and another (Narendra Kumar)2
4. Respondent No.2 filed statement of objections stating that accused was in the habit of misbehaving with respondent No.2. In this regard, she has given representation dated 23.05.2020 and 08.06.2020 to the management citing the incidences of misbehavior inside the school. The management has issued letter dated 16.06.2020 stating that internal committee is formed and that stringent action would taken against the petitioner if allegation are proved. Petitioner has given explanation denying the allegations. However he continued to harass respondent No.2. One Shipla C has also filed complainant of indecent behavior of the petitioner.
1 WRIT-A No. 16300/2024 dated 12.12.2024 2 Crl.A.(APL) No.365/2024 dated 16.01.2025
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HC-KAR NC: 2025:KHC:24680 CRL.P No. 7931 of 2023
4.1. In this regard, as well as with regard to the allegation of misusing of funds of NCC and Akshar Dasoha a seven member committee was formed. After securing explanation of the petitioner, on the ground that there is a prima facie material to proceed against the petitioner, the committee has granted permission to respondent No.2 file the complainant. Accordingly she has filed the complainant. There is no instigation by any one to file complainant against the petitioner. the petitioner has gone to the extend of giving threat to the some of the parents of the students not to give evidence against him. The petitioner is suspended pending enquiry on various allegations. The allegation made in the complaint requires thorough investigation and pray to dismiss the petition. 5. Heard arguments and perused the record. 6. Petitioner and respondent No.2 are working Acharya High School, Manchenahalli, Gowribidanur taluku, Tumakuru. In her complainant, respondent No.2 has stated that since 2017, when she joined the said high school
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petitioner was guiding her on her work front and she is having great respect for him. However, in 2018 when she requested for the preparatory answer sheet for correction, the petitioner said that they are in his house she should come his house and get it. When she insisted to give answer sheet at school itself, he persuaded her to come his house and wife is also in the house. However, at his resident he tried to misbehave and held her hand and said that she should cooperate with him. When she said that this matter would be intimated to the management, parents and others, he sought her excuse saying that he would not repeat it. This incident took place on
17.02.2018. 6.1.
It is further stated in the complaint that during 2018 she borrowed loan from Vijaya Bank and her colleague V R Prakash stood as guarantor. On the persuasion of V.R Prakash, the petitioner become the second guarantor. However, he demanded party and when she said what party he want, the petitioner said to her that
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HC-KAR NC: 2025:KHC:24680 CRL.P No. 7931 of 2023
both of them should go to Bengaluru stay in a hotel she should give sexual favour. However, respondent No.2 reprimanded him. Petitioner continue to harass her, when she was alone in the class room saying that she should visit his house and also go with him to Bengaluru and stay with him in a Hotel. He used to give pin pricks by squeezing her cheek, waist and put her hand on her shoulder. Once he also pulled her as result of which her duppatta tore. 7. She brought this fact to the notice of voice principal S Ramachandra Readdy and AAO Krishna Akela, but did not get any response from them. Therefore, she gave a representation to the president of the institution. In this regard, the president and secretary questioned her and constituted a committee. After conducting the enquiry and finding truth in the allegation, the management directed petitioner go to other school by taking NOC. However, petitioner refused to shift to other school. After this incident, the harassment increased. The petitioner used to comment on her dressing, abuse her. He used to harass
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even in respect of she availing leave. He used to follow her in the bus, look at her threatening and touch her and make levied comments. On 30.06.2023, at 3.15 PM while respondent No.2 was speaking to old student of the school, petitioner came in a manner as though he would fall on her and touched his hand.
Respondent No.2 waited all this time expecting the management to take action against the petitioner and when there was no action from the management she was filing the complainant. 8. The complaint averments reveled that since 2017 when respondent No.2 joined the high school as a science teacher, petitioner who was the senior most teacher is harassing and ill-treating her. He is making sexual remarks referring to her clothing, ect., On one occasion under the pretext of handing over answer sheet of preparatory examination, the petitioner persuaded her to visit his house saying that his wife is available in the house. However, when she gone their, she found the wife of petitioner
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absent and taking undue advantage of the same, the petitioner tried to outrage her modesty. 9. The complaint reveal that after standing as a surety for the loan barrowed by respondent No.2 from Bank, petitioner was expecting her to give sexual favour and forcing her to visit his house or they should go to Bengaluru and stay in a hotel. Though the management held an enquiry and found the allegation made against the petitioner true they have not taken any action. On the other hand, petitioner did not take their advise to shift to other school by NOC. After respondent No.2 gave complainant against the petitioner to the management, the harassment increased, ultimately forcing complainant to give the complaint. 10. There is prima facie material to proceed against the petitioner. Petitioner has produced some documents to show that he has made some allegations against respondent No.2 and that he was not given promotion etc., and for this reason he has been false implicated.
This is the
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defence of the petitioner, the truth of which cannot gone into in this petition filed under Section 482 of Cr.P.C. Thorough investigation is necessary to unravel the truth. In the light of the prima facie material forth coming in the complaint, this Court is of considered opinion that this is not fit case to quash the criminal proceedings against the petitioner. 11. In the result, petitioner fails and accordingly, the following:
ORDER (i) Petition filed by the accused under Section 482 of Cr.P.C is hereby rejected. (ii) The Registry is directed to send a copy of this order to the trial court through e-mail.
Sd/- (J.M.KHAZI) JUDGE
ASN List No.: 1 Sl No.: 37