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2019 Supreme(Kar) 1701
IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
K.S. MUDAGAL, J.
C.M.N. Shastry S/o Late Cha. Mu. Ishwara Shastry – Petitioner
Versus
State by Honnavara Police Station, Uttara Kannada – Respondent
Criminal Petition Nos. 10049, 100503, 100590, 100591, 100592, 100688 of 2018
Decided On : 01-02-2019
Advocate Appeared:
For the Petitioners: Sri. Padmanabha Mahale, Sri. S.M. Patil.
For the Respondents: Sri. Praveen K. Uppar, Sri. S.M. Chandrashekhar, Sri. P.F. Goudar.
Headnote:
Information Technology Act 2000 - Section 66(A) - Indian Penal Code, 1860 - Sections 120B, 153A, 153B, 384, 389, 420, 504, 506, 511 r/w 34 - Criminal Procedure Code, 1973 - Sections 200 and 319 – Criminal Conspiracy and Cheating – Criminal Intimidation – Appeal against conviction - Trust for development - First accused served in various offices in management of said Mutt from 2005 to 2010 - Second accused is wife of first accused - She was prime vocal artist in Raamakatha programme up to June 2014. Accused are brothers of first accused - Third accused had formed a Trust for development of Sri. Umamaheshwara Temple of Hosagunda. Sri. Raghaveshwara Bharathi Swamiji was Honorary President of the said Trust - Whether observation of Magistrate that there is sufficient ground to proceed against all accused persons is sustainable in law - Held, Accused Nos. 4 and 5 seemingly have been implicated in the case having regard to their relationship with accused Nos. 1 to 3. Accused Nos. 4 and 7 are implicated in case on ground that they rendered professional advice to accused Nos. 1 and 2 and accused No. 6 is implicated on the ground that he was trying to help accused when they were arrested - Under these circumstances, there was no sufficient material in terms of Section 319 Cr.P.C. as held in Hardeep Singh’s case (supra) to proceed against accused and proceeding against them with the existing material amounts to abuse of process of court - However, if during course of trial, any evidence surfaces against them as required under Section 319 Cr.P.C. it is open to Trial Court to summon them. Similarly accused at appropriate stage can seek their discharge, if grounds are available - Criminal Petition Nos. 100491/2018, 100503/2018, 100590/2018 and 100688/2018 are allowed - Criminal Petition No. 100591/2018 and 100592/2018 are hereby dismissed
ORDER :
1. Whether the proceedings in C.C. No. 49/2018 on the file of Principal J.M.F.C. Honnavara, Uttara Kannada District, are abuse of the process of the Court is the question involved in these cases.
2. Petitioners in all these cases are accused Nos. 1 to 7 as set out in the table below:
| S. No. | Case No. | Petitioners | Rank as accused |
| 1. | Crl. Pet. No. 100491/18 | Gangadhara Shastry | Supp. Accused No. 4 |
| 2. | Crl. Pet. No. 100503/18 | B. Padmanaba Sharma | Supp. Accused No. 7 |
| 3. | Crl. Pet. No. 100590/18 | Chamu Krishna Shastry | Accused No. 5 |
| 4. | Crl. Pet. No. 100591/18 | C.M.N. Shastry | Accused No. 3 |
| 5. | Crl. Pet. No. 100592/18 | Divakar Shastri Premalatha | Accused No. 1 |
| Accused No. 2 | |||
| 6. | Crl. Pet. No. 100688/18 | B.T. Venkatesh | Accused No. 6 |
3. For the purpose of convenience, the parties will be referred to henceforth with their ranks before the trial Court.
4. Second respondent B.R. Chandrashekar is the complainant before the trial Court. He was working as Secretary in Shree Ramachandrapura Mutt of Gokarna Samsthana. The Spiritual head of the said Samsthana is one Sri. Raghaveshwara Bharathi Swamiji. Complainant was the Coordinator in conducting Raamakatha Cultural/Spiritual Programme of Shree Ramachandrapura Mutt.
5. The first accused served in various offices in the management of the said Mutt from 2005 to 2010. Second accused is the wife of the first accused. She was the prime vocal artist in Raamakatha programme up to June 2014. Accused Nos. 3 to 5 are the brothers of the first accused.
6. Third accused had formed a Trust for development of Sri. Umamaheshwara Temple of Hosagunda. Sri. Raghaveshwara Bharathi Swamiji was the Honorary President of the said Trust. Fourth accused is a practicing Advocate in Mumbai. Fifth accused is resident of Delhi and said to be the person involved in promotion of Sanskrit language and member of Sanskrit Promotion Foundation Delhi. Sixth accused is an advocate and former State Public Prosecutor at Bengaluru. Seventh accused is an Astrologer based at Trissur District, Kerala State.
7. Before 2013, Gokarna Sri. Mahabaleshwara Temple, was handed over to Shree Ramachandrapura Mutt. Thereafter there were several disputes regarding the handing over of the temple to Shree Ramachandrapura Mutt. Two organizations called ASTRA and Gokarna Hitharakshana Samithi had filed Public Interest Litigation (PIL) before this Court against the Shree Ramachandrapura Mutt. Several litigations were initiated in that regard by some persons against the seer of the Mutt.
8. In 2013, the seer of Ramachandrapura Mutt reconstituted administrative committee of the Mutt. Accused Nos. 1 and 2 were relieved from the services of Mutt.
9. One Dr. Gajanana Sharma, the lyricist in Raamakatha programme group filed complaint before Channammanakere Achukattu Police Station alleging that on 12.07.2014 and 15.07.2014 some anonymous persons called him on his cell phone No. 9449596841 coercing him to make allegations against the Seer of the Mutt and his people that, in the guise of spirituality and religion, the Seer is sexually abusing the female devotees of the Mutt and artists of Raamakatha programme group and intimidating the persons objecting the same and he should give statement to that effect in media, before Police, Human Rights Commission and Women’s Commissions, otherwise himself and his family will be killed and if he abides the caller’s demand, they will pay him whatever money he demands.
10. Smt. Deepika, vocal artist of Raamakatha programme group also filed complaint before Honnavara Police alleging that, she was intimidated over her cell phone not to participate in Raamakatha programme, otherwise she has to face the consequences. That complaint was registered in Crime No. 214/2014 of Honnavara Police Station.
11. Sri. Sathyamurthy Balila, the husband of Shankari Murthy Balila a
