- 1 - NC: 2025:KHC:8068 CRL.P No. 984 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 984 OF 2022 BETWEEN: SMT RATHNAPRABHA T.A., W/O SRI CHANDRU B.M., AGED ABOUT 49 YEARS, RESIDING AT HANUMANTHA NAGAR, HOSAMANE BADAVANE, BHADRAVATHI, SHIVAMOGGA DISTRICT - 571 423, WORKING AT ACF OFFICE, LAKKAVALLI, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT - 577 128. …PETITIONER (BY SRI. MANJUNATH H., ADVOCATE) AND: 1. STATE BY LAKKAVALLI POLICE STATION, LAKKAVALLI TARIKERE TALUK, CHIKKAMAGALURU DISTRICT - 577 128 DULY REPRESENTED BY STATE PUBLIC PROSECUTOR. 2. SRI. K.K. SUBBAIAH, S/O SRI K.J. KAVERI, AGED ABOUT 60 YEARS, WORKING AS ASSISTANT TYPIST, RANGE FOREST OFFICE, BADRA WILD LIFE RANGE, TARIKERE TALUK, CHIKKAMAGALURU - 577 128. …RESPONDENTS (BY SMT.RASHMI PATEL, HCGP FOR R1 SRI. GANAPATHI, ADVOCATE FOR R2) Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:8068 CRL.P No. 984 of 2022 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CRIME NO.5/2022 REGISTERED BY THE RESPONDENT NO.1 POLICE AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 504 OF IPC AND U/S 3(1)(E), 3(1)(S) OF SC/ST (POA) ACT IN MATTER BETWEEN THE RESPONDENT NO.1 AND PETITIONER. THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner being the accused in Crime No.5/2022 of Lakkavalli Police Station, registered for the offences punishable under Sections 3(1)(r) and 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC/ST Act') and Section 504 of Indian Penal Code (for short 'IPC'), is seeking to quash the criminal proceedings initiated against her. 2. Brief facts of the case are that, respondent No.2 being the daily wage employee in the office of Assistant Conservator of Forest, filed the first information against his employer alleging commission of the offence as stated above. It is the contention of the informant that on 08.11.2021 when he was on duty, the accused had called the Range Forest Officer - 3 - NC: 2025:KHC:8068 CRL.P No. 984 of 2022 over phone and during conversation she abused the informant by referring to his caste in filthy language. In spite of that, he kept quiet and later he found that the said audio clipping had gone viral. Therefore, he filed the first information, requesting the police to register the case and to initiate action against the accused. Accordingly, a criminal case came to be registered. Being aggrieved by the same, she is before this Court seeking to quash the criminal proceedings initiated against her. 3. Heard Sri. Manjunath H., learned counsel for the petitioner, Smt.Rashmi Patel, learned High Court Government Pleader for respondent No.1 and Sri Ganapathi, learned counsel for respondent No.2. Perused the materials on record. 4. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against her?" My answer to the above point is in the 'affirmative' for the following: - 4 - NC: 2025:KHC:8068 CRL.P No. 984 of 2022 REASONS 5. It is the specific contention of respondent No.2 as the informant that the accused had called the Range Forest Officer, Bhadra Wild Life Range, Lakkavalli over phone and during conversation, accused abused the informant in filthy language by referring to his caste. However, heard the said conversation, but kept quiet. After some days, he came to know that the said audio clipping was going viral and therefore, filed the complaint. It is not the contention of the informant that the accused had abused him by referring to his caste with an intention to insult him within the public view. Even if the allegations are to be accepted according to the informant, it was a private conversation between the accused and Range Forest Officer. When the insult was not within the public view, the requirements of law to invoke the penal provisions referred to above are not complied with. 6. The contention of the learned counsel for respondent No.2 that speaker of the mobile phone was on when the conversation had taken place, cannot be believed even for a moment as the Government Officials were talking over phone - 5 - NC: 2025:KHC:8068 CRL.P No. 984 of 2022 inside the office. Moreover, no such allegations are made in the first information. 7. Learned counsel for the petitioner placed reliance on the decision of the Hon'ble Apex Court in Pramod Suryabhan Pawar v. State of Maharashtra and Another1, considered the case where abusive Whatsapp messages were sent to the complainant and being aggrieved by the same, the complainant had invoked the Provisions of the special enactment alleging commission of the offence. The Hon'ble Apex Court by considering the materials on record held that the messages were not insulting. Even if the allegations are to be accepted, since the commission of the offence was not within the public view, Section 3(1) of the SC/ST Act could not have been invoked. Applying this principle to the present case, I am of the opinion that the ingredients of Section 3(1)(r) and 3(1)(s) of the SC/ST Act are not satisfied. Under such circumstances, initiation of the criminal proceedings against the petitioner is an abuse of process of law and the same is liable to be quashed. Hence, I answer the above point in the 'affirmative' and proceed to pass the following: 1 2019 (9) SCC 608 - 6 - NC: 2025:KHC:8068 CRL.P No. 984 of 2022 ORDER (i) The Criminal Petition is allowed. (ii) Criminal proceedings initiated against the petitioner in Crime No.5/2022 of Lakkavalli Police Station, for the offences under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act and Section 504 of IPC, is quashed. In view of disposal of the main petition, I.A.No.1/2023 filed seeking vacating of stay does not survive for consideration and hence the same shall stand disposed off. Sd/- (M G UMA) JUDGE MKM List No.: 1 Sl No.: 14