CAV ORDER

WRIT PETITION NO. 15522 OF 2024

The petitioner is before this Court calling in question proceedings in Special C.C.No.1283 of 2024 pending before the Fast Track Special Court-I, Bengaluru arising out of Crime No.84 of 2024, re-registered as Crime No.9 of 2024 for offences punishable under Sections 354A, 204, 214 r/w 37 of the IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short) and the consequent action of issuance of summons.

2. The facts, adumbrated, are as follows:-

The petitioner, an octogenarian, and former Chief Minister of the State of Karnataka, avers to be the most decorated politician, having been in politics for the last 54 years. It is the case of the prosecution that a complaint comes to be registered on 14-03-2024 alleging that the complainant along with her daughter who was a minor, visits the petitioner to seek help in respect of a cheating case relating to the trading business and her investments. It is alleged that the complainant spoke for about 9 minutes with regard to the manner in which she was cheated during the said period. At that point in time, both the mother and the daughter drink tea and leave the house after the said conversation. In the interregnum, it is said that the complainant insisted the petitioner to get the complainant’s case investigated by constituting a Special Investigating Team on the ground that she was cheated of several crores. It is then, the complainant alleges that the daughter complained to her that she was sexually assaulted by the petitioner taking her inside the room. This is the complaint so registered on 14-03-2024. The complaint then becomes a crime in Crime No.84 of 2024 initially for offences punishable under Section 8 of the POCSO Act and Section 354A of the IPC. Thereafter, the investigation is transferred to the Crime Investigation Department which registers a separate crime renumbering the earlier crime to be Crime No.9 of 2024.

3. A notice under Section 41A of the Cr.P.C. is issued upon the petitioner on 28-3-2024, asking his presence before the Investigating Officer, for questioning, in connection with the aforesaid crime. The petitioner is said to have given voice sample later. The petitioner on 10-06-2024 was again called and his statement was recorded. Another notice comes to be issued on 12-06-2024. The petitioner was to be away, from Bangalore and travel to New Delhi on account of his political commitments previously fixed. The Investigating Officer does not heed to the request for postponement of recording of statement of the petitioner, the Investigating Officer would secure a warrant of arrest at the hands of the concerned Court, which then drives the petitioner to this Court in the subject petition. This Court protects the petitioner by directing that no arrest of the petitioner should take place. During the pendency of the subject petition, the CID conducts investigation and files its final report before the concerned Court. The concerned Court registers Special C.C.No.1283 of 2024 by taking cognizance against the petitioner and others for the afore-quoted offences and issues summons to all. Issuance of summons leads the petitioner to file an application seeking amendment of the petition raising a challenge to the entire charge sheet and proceedings before the concerned Court. It is at that stage the matter is heard.

4. Heard Sri C.V.Nagesh, learned senior counsel appearing for the petitioner, Prof. Ravivarma Kumar, learned senior counsel/Special Public Prosecutor appearing for respondent No.1 and Sri S. Balakrishnan, learned counsel appearing for respondent No.2.

SUBMISSIONS

Petitioner’s

5. The learned senior counsel Sri C.V. Nagesh takes this Court through the complaint at the outset to contend that the first informant was by then a habitual complainant. She has registered 58 cases, against several people, and few cases are registered against her, by several people. This is to buttress his submission