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2025 DIGILAW 1671 (KAR)

Selvi C. D/o Late Shri M. C. Babu v. State of Karnataka

2025-12-08

M.I.ARUN

body2025
ORDER : 1. The following allegations are made against the petitioners and other accused in Crime No.66/2023 pending on the file of I Additional District and Sessions Court, Bengaluru (Ramanagar): 2. The case of the petitioners is that respondent no.2 belongs to Scheduled Caste/Scheduled Tribe community, and the petitioners in Crl.P.Nos.6597/2023 and 6608/2023 also belong to the same community. Respondent no.2 is an employee of Postal Department and on a complaint of sexual harassment given by her against one Srinivas Reddy (Accused No.1), an Internal Complaints Committee was constituted by the competent authority of Postal Department and the petitioners were members of the said Committee. After due enquiry, they found that the complaint filed by respondent no.2 to be false and the Committee has recommended action against respondent no.2 herself. As a backlash, respondent no.2 has filed a false complaint against the petitioners herein without obtaining prior sanction from the competent authority. 3. It is not in dispute that the petitioners in Crl.P.Nos.6597/2023 and 6608/2023 and as well as respondent no.2 belong to Scheduled Caste/Scheduled Tribe community. Further, it is also not in dispute that on the allegations made by respondent no.2, a Committee was formed to look into the alleged sexual harassment committed by one Srinivas Reddy against her and the petitioners herein were members of the said Committee. It is also not in dispute that the Committee has found the allegations made against the said Srinivas Reddy to be false. 4. Learned High Court Government Pleader appearing for the State is not in a position to contravene the aforementioned submissions of the petitioner. 5. Learned counsel appearing for respondent no.2 prays for time and she is not in a position to assist the Court. 6. Under the given peculiar facts and circumstances of the case, I am of the opinion that the complaint has been lodged against the petitioners herein, only with the ulterior motive of harassing the petitioners and not otherwise. If respondent no.2 is aggrieved of the Committee's report, she is at liberty to avail the remedy that is available under law. 6. Under the given peculiar facts and circumstances of the case, I am of the opinion that the complaint has been lodged against the petitioners herein, only with the ulterior motive of harassing the petitioners and not otherwise. If respondent no.2 is aggrieved of the Committee's report, she is at liberty to avail the remedy that is available under law. As no prima facie material is disclosed in the complaint made by respondent no.2 and also for the reason that an offence under the provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 cannot be alleged against a person belonging to Scheduled Castes/Scheduled Tribes, I am of the opinion that it is a fit case to be allowed. 7. For the aforementioned reasons, the petitions are hereby allowed and the proceedings in Crime No.66/2023 pending on the file of I Additional District and Sessions Court, Bengaluru (Ramanagar) insofar as it relates to the petitioner herein stand quashed. Pending I.As., if any, stand disposed of.