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CRL.P No. 4751 of 2019
C/W CRL.P No. 4752 of 2019
CRL.P No. 4753 of 2019
CRL.P No. 4754 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 4751 OF 2019
C/W
CRIMINAL PETITION NO. 4752 OF 2019
CRIMINAL PETITION NO. 4753 OF 2019
CRIMINAL PETITION NO. 4754 OF 2019
IN W.P.No.4751/2019
BETWEEN:
DR IMTIYAZ AHMED PARVEZ
S/O MR AMIRULLAH ANSARI
AGE: 51, OCC: SR PRINCIPAL SCIENTIST
ADD: CSIR FOURTH PARADIGM INSTITUTE
FORMERLY CSIR CMMACS, NAL BELUR CAMPUS
BANGALORE 560037.
ALSO R/AT NO.82, 6TH A CROSS,
RAJASHRI LAYOUT, MUNNEKOLLALA,
MARATHAHALLI,
BANGALORE - 560 029.
…PETITIONER
(BY SRI.VENKATESH P.DALWAI, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY
THE POLICE SUB INSPECTOR
MARATHA HALLI POLICE STATION
BANGALORE 560037.
REP. BY SPP,
Digitally signed by
R HEMALATHA
Location: HIGH
COURT OF
KARNATAKA
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CRL.P No. 4751 of 2019
C/W CRL.P No. 4752 of 2019
CRL.P No. 4753 of 2019
CRL.P No. 4754 of 2019
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
2.
SILPLA K
D/O RAMACHANDRAN
AGE: 28 YEARS,
OCC: SCIENTIST
ADD: NO CSIR 4PI
FORMERLY CMMACS, NAL
BELUR CAMPUS,
BELUR
BANGALORE CITY 560037.
…RESPONDENTS
(BY SRI.MAHESH SHETTY, HCGP FOR R-1;
SRI.PAVANA CHANDRA SHETTY, ADVOCATE R-2)
CRL.P FILED U/S 482 CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO QUASH ENTIRE PROCEEDINGS PENDING ON THE
FILE OF THE LEARNED XLIII A.C.M.M., AT MAYO HALL,
BENGALURU CITY IN CR.NO.352/2017 FOR THE OFFENCE
P/U/S 354A OF IPC, PRODUCED AT ANNEXURE-A OF IPC.
IN W.P.NO.4752/2019
BETWEEN:
DR IMTIYAZ AHMED PARVEZ
S/O MR AMIRULLAH ANSARI
AGE: 51, OCC: SR PRINCIPAL SCIENTIST
ADD: CSIR FOURTH PARADIGM INSTITUTE
FORMERLY CSIR CMMACS, NAL BELUR CAMPUS
BANGALORE 560037
ALSO R/AT NO.82, 6TH A CROSS,
RAJASHRI LAYOUT, MUNNEKOLLALA,
MARATHAHALLI,
BANGALORE - 560 029.
…PETITIONER
(BY SRI.VENKATESH P.DALWAI, ADVOCATE)
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CRL.P No. 4751 of 2019
C/W CRL.P No. 4752 of 2019
CRL.P No. 4753 of 2019
CRL.P No. 4754 of 2019
AND:
1.
STATE OF KARNATAKA BY
THE POLICE SUB INSPECTOR
MARATHA HALLI POLICE STATION,
BANGALORE 37
2.
KUM. STELLA JES VARGHESE
D/O VARGHESE M. MATHEW,
AGED ABOUT 27 YEARS,
R/AT NO.CSIR-4PI,
FORMERLY CMMACS NAL,
BELUR CAMPUS, BELUR,
BENGALURU 37
…RESPONDENTS
(BY SRI.MAHESH SHETTY, HCGP FOR R-1;
SRI.PAVANA CHANDRA SHETTY, ADVOCATE R-2)
CRL.P FILED U/S 482 CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO QUASH THE ENTIRE PROCEEDINGS PENDING ON
THE FILE OF THE XLIII A.C.M.M., MAYO HALL, BANGALORE IN
CR.NO.353/2017 FOR THE OFFENCES P/U/S 354A OF IPC,
PRODUCED AT ANNEXURE-A OF IPC.
IN W.P.NO.4753/2019
BETWEEN:
DR IMTIYAZ AHMED PARVEZ
S/O MR AMIRULLAH ANSARI,
AGE 51,
OCC: SR PRINCIPAL SCIENTIST,
ADD: CSIR FOURTH PARADIGM INSTITUTE
FORMERLY CSIR,
CMMACS, NAL BELUR CAMPUS,
BANGALORE-37
ALSO R/AT NO.82, 6TH A CROSS,
RAJASHRI LAYOUT, MUNNEKOLLALA,
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CRL.P No. 4751 of 2019
C/W CRL.P No. 4752 of 2019
CRL.P No. 4753 of 2019
CRL.P No. 4754 of 2019
MARATHAHALLI,
BANGALORE - 560 029.
…PETITIONER
(BY SRI.VENKATESH P.DALWAI, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY
THE POLICE SUB INSPECTOR,
MARATHA HALLI POLICE STATION,
BANGALORE-37
REP. BY SPP,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
2.
ARYA V B
D/O BABU NAIR V R
AGED ABOUT 27 YEARS,
R/AT CSIR-4PI,
FORMERLY CMMACS NAL,
BELUR CAMPUS, BELUR,
BENGALURU CITY-37
…RESPONDENTS
(BY SRI.MAHESH SHETTY, HCGP FOR R-1;
SRI.PAVANA CHANDRA SHETTY, ADVOCATE R-2)
CRL.P FILED U/S 482 CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO QUASH THE ENTIRE PROCEEDINGS PENDING ON
THE FILE OF THE LEARNED XLIII A.C.M.M., MAYO HALL,
BANGALORE IN CR.NO.354/2017 FOR THE OFFENCES P/U/S
354A OF IPC, PRODUCED AT ANNEXURE-A.
IN W.P.NO.4754/2019
BETWEEN:
DR IMTIYAZ AHMED PARVEZ
S/O MR AMIRULLAH ANSARI,
- 5 -
CRL.P No. 4751 of 2019
C/W CRL.P No. 4752 of 2019
CRL.P No. 4753 of 2019
CRL.P No. 4754 of 2019
AGE 51,
OCC: SR PRINCIPAL SCIENTIST,
ADD: CSIR FOURTH PARADIGM INSTITUTE
FORMERLY CSIR,
CMMACS, NAL BELUR CAMPUS,
BANGALORE-37
ALSO R/AT NO.82, 6TH A CROSS,
RAJASHRI LAYOUT, MUNNEKOLLALA,
MARATHAHALLI,
BANGALORE - 560 029.
…PETITIONER
(BY SRI.VENKATESH P.DALWAI, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY
THE POLICE SUB INSPECTOR,
MARATHA HALLI POLICE STATION,
BANGALORE
REP. BY SPP.
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
2.
SHIMNA K
D/O VENUGOPALAN,
AGED ABOUT 31 YEARS,
R/AT CSIR-4PI,
FORMERLY CMMACS NAL,
BELUR CAMPUS, BELUR,
BENGALURU CITY
…RESPONDENTS
(BY SRI.MAHESH SHETTY, HCGP FOR R-1;
SRI.PAVANA CHANDRA SHETTY, ADVOCATE R-2)
CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO QUASH THE ENTIRE PROCEEDINGS PENDING ON
THE FILE OF THE LEARNED XLIII ACMM AT MAYO HALL,
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CRL.P No. 4751 of 2019
C/W CRL.P No. 4752 of 2019
CRL.P No. 4753 of 2019
CRL.P No. 4754 of 2019
BENGALURU CITY IN CRIME NO.355/2017 FOR THE OFFENCE
P/U/S.354-A OF IPC, PRODUCED AT ANNEXURE A OF IPC.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
Since the issues involved in these petitions are
similar and accused is same, they are taken up together
and disposed of by common order.
Respondent No.2-informanants in all these
petitions lodged the F.I.Rs. before the jurisdictional Police,
alleging that, they were admitted to Ph.D. course on
06.01.2014 with AcSIR, and the accused was their
coordinator. It was further alleged that, whenever
complainants entered the cabin of the accused, the
accused
would
be
sitting
in
very
awkward
and
objectionable posture and would stare at them. It was
further alleged that the complainants whenever expressed
their disinterest towards such behavior, accused would try
to be overly affectionate with sexual inclination, which was
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intolerable for the complainants. It was further alleged
that, since they did not succumb to the vicious and
perverted behavior of the accused, the accused tried to
put several hurdles in their academic career, to which
complainants have strongly objected.
3.
The Police registered the F.I.R. for the offence
under Section 354A of IPC. The Police after investigation
submitted 'B' report to the learned Magistrate stating that
there is no material to implicate the petitioner for the
aforesaid offences, and the F.I.Rs. registered were
misconceived. The complainants filed protest petition in
the form of complaint to reject the 'B' report.
4.
Learned Magistrate after rejecting the 'B'
report,
recorded
the
sworn
statements
of
the
complainants, and after perusal of the complaint and the
sworn statements took cognizance of the offence under
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Section 354A of IPC and issued summons. Taking
exception to the same these petitions are filed.
5.
Learned counsel for petitioner submits that
allegations made against the petitioner even accepting on
the face of it does not constitute an offence under Section
354A of IPC. He further submits that except the allegation
made by the complainants, there is no material placed
before learned Magistrate to take cognizance for the
aforesaid offence, and in the absence of corroborative
material, except the allegation made by the complainants,
the cognizance taken by the learned Magistrate is
impermissible.
6.
Learned
counsel
for
respondent
No.2-
complainants submits that the allegation of sexual
harassment by the accused, who is coordinator of the
complainants who are pursuing Ph.D course and the
allegations clearly constitute the commission of offence
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under Section 354A of IPC. Whether the allegations
constitute the commission of the aforesaid offence is a
matter which requires to be considered after full fledged
trial, and at this stage cognizance taken by the learned
Magistrate does not warrant any interference, and sought
for dismissal of the petitions.
7.
I have examined the submission made by the
learned counsel for the parties.
8.
Against the very same allegations, enquiry was
initiated against the accused as specified under Section 11
of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition And Redressal) Act, 2013. The
department after conducting the enquiry submitted report,
stating that allegations made against the accused are not
proved, and in turn recommended to take action against
the complainants. The complainants filed an appeal
against the report submitted by the department under
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Section 18 of the Act before the Appellate Authority. The
said appeals were also rejected, against which the
complainants have preferred writ petition before this
Court, and the same is pending consideration.
9.
To constitute the commission of offence under
Section 354A of IPC. Section 354A of IPC reads as under:
"[354A.
Sexual
harassment
and
punishment for sexual harassment- (1)
A
man committing any of the following acts—
(i)
physical contact and advances involving
unwelcome and explicit sexual overtures; or
(ii)
a demand or request for sexual favours;
or
(iii) showing pornography against the will of a
woman; or
(iv) making sexually c
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