Allowed

Mr Amey Nandkumar Telawane v. the State of Karnataka

Karnataka HC6 Jul 2022CRL.P/6489/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition seeking quashment of proceedings under Sections 417 and 420 IPC. The Court held that lying about age in a consensual relationship did not constitute cheating, and continued proceedings would amount to an abuse of process due to the complainant's habit of registering frivolous cases.

What did the court decide?

Criminal Petition No. 6489 of 2021 is allowed. The order dated 18.03.2021 in C.C. No. 11435/2021 is quashed.

Mr Amey Nandkumar Telawane Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2022)

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CRL.P No. 6489 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 06TH DAY OF JULY, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 6489 OF 2021

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BETWEEN:

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MR AMEY NANDKUMAR TELAWANE AGED ABOUT 27 YEARS, S/O. MR. NANDKUMAR TELAWANE, R/AT: NO.11/03, 4TH MAIN, 16TH CROSS, GOPALAPPA LAYOUT, LAKKASANDRA, BENGALURU CITY - 560030, PERMANENT RESIDENT OF: NO.201, VASUDHA APARTMENT, SYNDICATE AREA, MURABAD ROAD, KALYAN WEST, THANE DISTRICT MAHARASHRA STATE - 400 080

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…PETITIONER

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(BY SRI. SATYANARAYANA S. CHALKE, ADV. FOR SRI. SHIVARAMU H C., ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY THE SHO, ADUGODI POLICE STATION, MADIWALA SUB DIVISION, BENGALURU CITY - 560 068, REPT BY ITS SPP HIGH COURT OF KARNATAKA BUILDING, BENGALURU 560001

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CRL.P No. 6489 of 2021

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MS.SHRUTHI V S AGED ABOUT 31 YEARS, D/O MR SURESH R/A TRIVENI LADIES P G, 4TH BLOCK, KORAMANGALA, BENGALURU CITY, PERMANANENT RESIDENT OF: C/OF. MR SURESH, VADOOR VILLAGE, KUNNIGANAHALLI POST, SAKLESHPURA TLAUK, HASSAN DISTRICT 573214

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…RESPONDENTS

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(BY SRI. K.S. ABHIJITH, HCGP FOR R1; SMT. KUSUM RANGANATH, ADV. FOR R2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS PURSUANT TO THE ORDER DATED 18.03.2021 IN C.C.NO.11435/2021 (CR.NO.61/2020 OF ADUGODI POLICE STATION) PENDING CONSIDERATION ON THE FILE OF VI ADDL.C.M.M., BENGALURU CITY REGISTERED AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 417 AND 420 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court calling in question the proceedings in C.C.No.11435/2021, registered for offences punishable under Sections 417 and 420 of IPC.

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CRL.P No. 6489 of 2021

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Heard the learned counsel Sri. Satyanarayana S. Chalke, appearing for the petitioner and Smt.Kusum Ranganath, learned counsel appearing for respondent No.2 and the learned HCGP Sri.K.S.Abhijith, for respondent No.1.

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The brief facts as projected by the prosecution are as follows:

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The second respondent is the complainant. It is the case of the complainant that on 09.03.2020 the petitioner and the complainant meet on social media i.e., facebook and later develop a relationship, get intimate and also did have sexual relationship. After about 15 days of the first episode of such physical relationship, the second respondent registers a complaint alleging that the petitioner had told a lie that he was 28 years old at the time of having such relationship and on the pretext of marriage had lied to her with regard to his age. This is the broad contour of the complaint.

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CRL.P No. 6489 of 2021

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The Police after investigation have filed a

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charge sheet in the matter and the matter is pending as C.C.No.11435/2021. Filing of the charge sheet is what drives the petitioner to this Court in the subject petition.

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The learned counsel appearing for the petitioner would contend with vehemence that the offence punishable under Sections 417 or 420 of the IPC would not even get attracted even to its remotest sense, as it was a consensual act of the petitioner and the complainant having physical relationship with each other. The only grievance in the complaint is that the petitioner has lied to the complainant about him being 28 years, as the complainant was 31 years. He would seek quashment of the entire proceedings.

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Learned counsel would also demonstrate by

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taking this Court through the documents that are appended that the second respondent is a habitual complainant registering complaints after complaints

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CRL.P No. 6489 of 2021

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against several men whom she had physical relationship alleging either offence of rape or cheating.

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On the other hand, the learned counsel

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appearing for respondent No.2 would vehemently refute the submissions to contend that the case of cheating is made out, as the petitioner promised to get married to the complainant and had indulged in physical relationship on the pretext of such promise.

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Learned HCGP would also toe the lines of the learned counsel appearing for respondent No.2 to contend that the promise of marriage was indeed made by the petitioner and then on such pretext had sexual relationship with the complainant and would seek dismissal of the case and submit that it is a matter of trial for the petitioner to come out clean.

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I have given my anxious consideration to the

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contentions of respective learned counsel and have perused the material on record.

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CRL.P No. 6489 of 2021

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The afore-narrated facts are not in dispute.

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Since the entire issue springs from the complaint registered by the complainant against the petitioner, it is

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germane to notice the complaint dated 23.03.2020 and

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the same reads as follows:

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" 23.03.2020

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To. Police Sub Inspector Adugodi Police Station

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From Shruthi V.S (31 Years) D/o. S.Suresh Triveni Ladies PG Koramangala 4th Block Mob No.9380945235

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Sub: Rape and fraud case against Amey Telawane (8870959523)

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Respected Sir

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I met Amey Telawane through facebook on 09.03.2020. He told me that he was looking for marriage. We liked each other and we started appending time together. We even got intimate, we did Oral Sex after few days, he was hiding ID cards from me when I saw the ID Card, his date of Birth was 1994, he had

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CRL.P No. 6489 of 2021

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lied to me that he was 28 Years old. Even after asking him, he again lied to me and told me that he was 1991 born till told him that I saw his ID card.

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Amey has done sex with me by concealing age. I am not ok with this fact.

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He is now blanking me for me reactions after i figured out his actual age and using those excuses and saying he don't want to marry me.

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He was committed rape and fraud. Please register an FIR and take amit legal actions on him. "

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The allegation in the complaint is that the petitioner and the complainant met on 09.03.2020 about a fortnight before the registration of the complaint and the complaint also narrates graphic details about the relationship between the two. The allegation is that the petitioner was 31 years old and that he had lied that he was 28 years old and therefore, the offence of cheating under Sections 417 and 420 of the IPC.

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CRL.P No. 6489 of 2021

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The Police after investigation have filed a

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charge sheet. The summary of the charge sheet as found in column No.17, reads as follows:

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"PÉÃ¹£À ¸ÀAQë¥ÀÛ ¸ÁgÁA±À

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F zÉÆÃµÁgÉÆÃ¥ÀuÉ ¥ÀnÖAiÀÄ PÀæªÀÄ ¸ÀASÉå 12 gÀ°è £ÀªÀÄÆ¢¹gÀÄªÀ DgÉÆÃ¦AiÀÄÄ ¢£ÁAPÀ:09.03.2020 gÀAzÀÄ ¸ÁQë-1 gÀªÀgÀ£Àß ¥sÉÆÃ£ï £À°è ¥ÉÃ¸ï §ÄPï ªÀÄÆ®PÀ ¥ÀjZÀAiÀÄ ªÀiÁrPÉÆAqÀÄ, ¸ÁQë-1 gÀªÀgÀ£ÀÄß ¨sÉÃn ªÀiÁr, ¸ÁQë-1 gÀªÀgÀ §½ vÀ£Àß d£Àä ¢£ÁAPÀzÀ §UÉÎ ¸ÀÄ¼ÀÄî ªÀiÁ»w ¤Ãr, ¸ÁQë-1gÀªÀgÀ£ÀÄß ªÀÄzÀÄªÉAiÀiÁUÀÄªÀÅzÁV ºÉÃ½, ¸ÁQë-1 gÀªÀgÀ M¦àUÉAiÀÄ ªÉÄÃgÉUÉ DgÉÆ¦vÀ£ÀÄ ¨ÉAUÀ¼ÀÆj£À°è ªÁ¸ÀªÀiÁrPÉÆArzÀÝ ®PÀÌ¸ÀAzÀæ, 4£ÉÃ ªÉÄÊ£ï, 16£ÉÃ PÁæ¸ï gÀ°ègÀÄªÀ £ÀA-11/3 ªÁ¸ÀzÀ ªÀÄ£ÉAiÀÄ°è ¸ÁQë-1 eÉÆvÉAiÀÄ°è zÉÊ»PÀ ¸ÀA¥ÀPÀðªÀ£ÀÄß ¨É¼É¹zÀÄÝ, £ÀAvÀgÀ ¸ÁQë-1 gÀªÀgÀÄ DgÉÆÃ¦vÀ£À Lr PÁqïð ¥Àj²Ã®£É ªÀiÁrzÁUÀ DgÉÆÃ¦vÀ£ÀÄ vÀ£Àß d£Àä ¢£ÁAPÀzÀ §UÉÎ ¸ÁQë-1 gÀªÀgÀ §½ ¸ÀÄ¼ÀÄî ºÉÃ½gÀÄªÀÅzÀÄ, ªÀÄvÀÄÛ ¸ÁQë-1 gÀªÀgÀ£ÀÄß ªÀÄzÀÄªÉAiÀiÁUÀÄªÀÅzÁV, ¸ÁQë-1 gÀªÀgÀ M¦àUÉAiÀÄ ªÉÄÃgÉUÉ zÉÊ»PÀ ¸ÀA¥ÀPÀð ªÀiÁr, ¸ÁQë-1 gÀªÀgÀ £ÀA©PÉUÉ ªÀAZÀ£É ªÀiÁr, ªÉÆÃ¸À ªÀiÁrgÀÄªÀÅzÀÄ vÀ¤SÉ¬ÄAzÀ zÀÈqsÀ¥ÀnÖgÀÄvÀÛzÉ. DzÀÝjAzÀ ªÉÄÃ®ÌAqÀ DgÉÆÃ¦AiÀÄ «gÀÄzÀÝ PÀ®A. 417, 420, L¦¹ jÃvÁå zÉÆÃµÁgÉÆÃ¥À ºÉÆj¹zÉ. "

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The charge sheet filed against the petitioner is

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for offences punishable under Sections 417 and 420 of IPC. To allege the offence under Section 420 of IPC, ingredients of Section 415 of the IPC are necessarily to be

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CRL.P No. 6489 of 2021

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present. The complaint itself narrates that it was the consensual act between the two. The only grievance in the complaint and also in the summary of the charge sheet is that the petitioner has lied to her with regard to his age. If lying of the age did not make any difference to the physical relationship that is narrated in the complaint, it can hardly become an offence of cheating later on. There was no inducement, whatsoever, by the petitioner on the complainant. Therefore, the offences under Sections 417 or 420 of the IPC cannot even be seen to its remotest sense both in the complaint and in the charge sheet filed by the police. In the light of the complaint being so frivolous, it is germane to notice several complaints registered by the very complainant against several men alleging offences punishable under Sections 376, 417, 420 or even 354(c) of the IPC. A few of them which are appended to the petition are extracted hereunder to demonstrate repeated complaints being registered by the complainant against several men, after having a

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CRL.P No. 6489 of 2021

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relationship with them and indulging in consensual acts of sexual intercourse. They read as follows:

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29.08.2020

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To. Police Inspector Koramangagal Police Station Bangalore.

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From: Permanent address: Shruthi V.S. (31 years) Vadoor, Kunniganahalli P, 65, 7th A Cross, Sakleshpur T, Hassan Dist 4th Block Karnataka - 573214. Koramangala Bangalore Mob: 9380945235

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Sub: Criminal case against Sambit Ponda

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Respected Sir,

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I had met Sambit Pand, (30 years) on a dating app, on 14/June/2020. His mobile numbers are 9538688403 and 8553877503. We were talking like good friends and I had met him and stayed in his flat for two days after that he only asked me to go back to my PG. Then we were talking for few days. I asked him to meet me, but he said he is busy and he would meet me later etc. He said few uncomfortable things while we were chatting so

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CRL.P No. 6489 of 2021

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I blocked him on my phone. He did not contact me after that. Now, on 28.08.2020, he messaged on whatsapp 8553877503 and sent me the explicit pictures of me which were taken

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by him when I was sleeping. He was blackmailing that he would make all the pictures viral everywhere in the internet. He deleted those pictures before took the screenshots and blocked me when I said I would complain to police. Please take strict action on him as per law and register an FIR for taking my explicit pictures without my knowledge and blackmailing me.

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Thanks, Sd/29/08/2020 Address: Attached 2 pages Sambit Panda Whatsapp chat Associate Director self attested DXC technologies Electronic city Bangalore

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¢£ÁAPÀ:29.08.2020 gÀAzÀÄ 18.50 UÀAmÉUÉ ¦gÁåzÀÄzÁgÀgÀÄ ¤ÃrzÀ zÀÆgÀ£ÀÄß ¥ÀqÉzÀÄ gÁ.ªÉÆ.¸ÀA-176/2020 PÀ®A-354 (¹), 506 L.¦.¹ jvÁå ¥ÀæPÀgÀt zÁR°¹gÀÄvÉÛ."

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"To Police Inspector Varthur Police Station

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16/05/2020

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CRL.P No. 6489 of 2021

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Bangalore

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From:

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Shruthi V.S. D/o Suresh, Age: 31 years 65, 7th A Cross, Koramangala, 4th B Block Bangalore, Ph: 9380945235, Hindu, Lingayat

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Permanent Address: Vadoor, Kunniganahalli Post Sakleshpur T, Hassan Dist - 573214

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Sub: Rape case against ASHISH KUMAR JHA

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Respected Sir,

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I, Shruthi V.S., came in touch with Ashish Kumar Jha over a dating app. We were talking over phone for over 40 days. After lockdown, we met at his house. We got physical. Before having sex, he was talking to me very lovingly and he was trying to impress me. Immediately after having sex, he started saying, you order food for yourself, you go back home now itself. When I went to his flat, he had told me, "You can stay in this flat however long you want". He started showing total negligence towards me just to get rid of me. He has impressed me and showed me love only to get physical with me and exploit me emotionally.

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Even when he was called in the police station on 14/05/2020, he held my feet and

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CRL.P No. 6489 of 2021

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started crying, I became little emotional and wanted to listen to him. Immediately after I told him I was not going to file the case, he started acting negligently. I asked him, let's go to your home and talk for 30 minutes, he started saying, I will book a hotel room if you want to talk, but I will not take you to my flat.

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This behavior and attitude towards me shows that he has raped me by deceiving me. Hence, I request you to register F.I.R. and take strict actions against him as per the law. Date of Incident 08/05/2020.

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Thanks, Shruthi V.S.

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Address of Ashish: Tower - C, 304 UKN Esperanza Thubarahalli Whitefield, Bangalore Ph: +91 7010430475 +91 9629662798"

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ªÀiÁ£ÀågÉ,

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CRL.P No. 6489 of 2021

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¥ÀæPÀgÀtzÀ°è PÀÈvÀå £ÀqÉzÀ ¸ÀÜ¼ÀªÀÅ ºÉZï J¸ï Dgï ¯ÉÃOmï ¥ÉÆÃ°Ã¸ï oÁuÁ ªÁå¦ÛUÉ M¼À¥ÀqÀÄªÀÅzÀjAzÀ PÉÃ¹£À PÀqÀvÀªÀ£ÀÄß

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CRL.P No. 6489 of 2021

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ªÀÄÄA¢£À vÀ¤SÉAiÀÄ ¸À®ÄªÁV ºÉZï J¸ï Dgï ¯ÉÃOmï ¥ÉÆÃ°Ã¸ï oÁuÉUÉ ªÀUÁðªÀuÉ ¤ÃqÀ®Ä ªÀiÁ£Àå J¹eÉJA £ÁåAiÀiÁ®AiÀÄ¢AzÀ C£ÀÄªÀÄw DzÉÃ±À ¥ÀqÉzÀÄPÉÆArgÀÄvÀÛzÉ. DzÀÝjAzÀ PÉÃ¹£À ¸ÀA¥ÀÆtð PÀqÀvÀ ªÀÄvÀÄÛ ¥ÀæPÀgÀtzÀ°è CªÀiÁ£ÀvÀÄÛ ¥Àr¹ PÉÆArgÀÄªÀ ªÀiÁ®ÄUÀ¼À£ÀÄß ¥ÀæPÀgÀtzÀ ªÀÄÄA¢£À vÀ¤SÉAiÀÄ ¸À®ÄªÁV ªÀUÁðªÀuÉ ¤ÃqÀÄwÛzÀÄÝ, PÉÃ¹£À ¸ÀA¥ÀÆtð PÀqÀvÀ ªÀÄvÀÄÛ ªÀiÁ®ÄUÀ¼À£ÀÄß ¥ÀqÉzÀÄ ¹éÃPÀÈwAiÀÄ£ÀÄß ¤ÃqÀÄªÀAvÉ F ªÀÄÆ®PÀ vÀªÀÄä°è PÉÆÃgÀ¯ÁVzÉ."

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To: Sub Inspector Whitefield Police Station Bangalore

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Date: 12/06/2019

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Respected Sir,

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Myself, Shruthi V.S. (30 years) D/o Suresh with mobile number 9380945235, residing at New Shivani Paradise PG for ladies, Prashanth Layout, 1st Cross, Whitefield Main Road, Bangalore.

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Phone - 9739810893, Harihara Enclave, HSR Layout

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I met Rama Reddy (age 29 years), on an online phatform, and we started liking each other. On 03/06/2019 evening, I went to him flat in HSR Layout to meet him. We talked to each other, and when he expressed his interest in getting physical with me, I said, I don't want to get physical, again, he expressed his interest

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in getting physical. I said I need commitment from him. For that he agreed that he wouldn't abandon me after sex, he would meet me twice a week, talk to me on phone and not talk to any other girl. He also said that he loves me. After this we had physical relationship.

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Next day, he took off from his office and stayed at his flat, along with me and a day after that, morning I came back to my PG. He went to his office. On whatsapp, I expressed that I was feeling depressed. For that he said he cannot handle me and he wants to end the relationship. When I didn't agree to it, we continued talking. We met and things were fine for 2-3 days.

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For any small incident, if he is not happy, he used to say that he would block me. The incidents were like, you are calling me at 4 am, 12 am, office hours.

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Then I told him that I wouldn't call him in his work and sleep time and I kept my words.

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Yesterday, evening while talking, he started saying things like, I wan interested in getting physical with him, so I went to his flat and he was not interested in it at all.

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CRL.P No. 6489 of 2021

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He started talking in entirely different one and he reversed the whole incident. When I asked him to message me whatever he was saying, with the fear of being caught he said the truth, not complete truth.

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And then he said that he was going block me and he blocked me on phone and whatsapp and asked me to file a case in court.

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He has cheated on me and falsely induced me into getting physical with him by breaking is promise.

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Hence I request you to take strict action

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on him.

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Thanks, Attached 14 pages whatspp Shruthi V.S. conversations Attached 8 pages gmail conversations."

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"To. Police Inspector Madiwala Police Station Bangalore

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01/04/2021

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Sub: Sexual exploitation, molestation and outraging the modesty case against Vishal Naik (31 years, 9964297517)

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Respected Sir,

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CRL.P No. 6489 of 2021

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I had first met Vishal Naik for help during Inner Engineering Mediation course. He had told me that he would support me with everything that is needed. We were together on 18/12/2020, as I had a video conference to attend at High Court. We first went to Star Bucks, but there was lot disturbance. So he booked a hotel room so that I can clearly hear and talk what's going on in the Court. Hotel name: Delta Regency Room No.402, Madiwala Maruthi Nagar, 1st Cross, 1st Main. At that time we got physical and had oral intercourse. Before that he promised me that he wouldn't leave me or cheat on me. But after that we mutually decided that we will not have physical relationship. But he said he would still be there. He told me he doesn't want to marry anyone at all. I reluctantly agreed to it because he promised me that he was not going away from me. After few days when had met again, he told me that he is my boyfriend just so that I co-operate with him for the physical advances. Immediately next day he stepped back from the promise and said I have not told you that I am yout boyfriend. He had also promised me that he wouldn't cheat on me.

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But now intentionally started saying outrageous things on my face so that I go away from him on my own. He even said, you can have affair with other boys, I will also have affair with other girls.

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This behavior shows clearly that he had no intention of being with me. But to just physically and emotionally rape me.

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Hence I request you to file an F.I.R and take actions on him as per law. Caste: Lingayat.

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Thanks Permanent Address: Shruthi V.S. Vadoor, R.B. Elizabeth (9380945235) Kunniganahalli Post #21, S.T. Bed Layout Sakleshpur T. 1st Cross Road, Hassan Dist - 573214 Koramangala - 34 "

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In the light of what is narrated hereinabove and

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the offences alleged being not made out either in the complaint or in the summary of the charge sheet filed by the prosecution, if further proceedings are permitted to continue against the petitioner in the teeth of the aforesaid facts, it would undoubtedly become an abuse of process of

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law, degenerate into harassment and result in miscarriage of justice, as the petitioner has been enmeshed into the web of crime, as several others have been enmeshed by

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respondent No.2 - complainant.

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For the aforesaid reasons, the following:

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ORDER

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i. Criminal Petition is allowed.

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ii. The order dated 18.03.2021 in C.C.No.11435/2021 pending on the file of the VI Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed.

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Sd/JUDGE

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Mr Amey Nandkumar Telawane v. the State of Karnataka

Case brief

What is this about?

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Mr Amey Nandkumar Telawane v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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