'Cannot Get Away With Making Such Comments On A Woman In Public': Karnataka HC Refuses To Quash Proceedings Against Man Who Wrote Woman's Number On Toilet Wall, Labelled 'Call Girl'

The Karnataka High Court has refused to quash the criminal proceedings against a man who faced accusations of defaming a married woman by writing her phone number on the wall of a men's toilet at the Majestic bus stand in Bangalore, labelling her as a "call girl."

In that context, the Bench of Justice M Nagaprasanna observed that, "any scatological or salacious statements made against a woman either by gesture, writing or speaking, would undoubtedly amount to insulting the modesty of a woman. In today’s digital age one need not cause physical harm, a woman’s modesty can be railroaded by sheer circulation of pejorative statements, pictures or videos in the social media. It is therefore, when such cases are projected before this Court seeking quashment, it should not be interfered with, but be dealt with a stern manner. The petitioner has indulged in one of the ingredients of such insult by fresco or a writing on the wall. He, therefore, cannot get away with making such belittling comments on a woman in public."

The petitioner, accused No.1, sought to quash proceedings in C.C.No.16321 of 2020, related to Crime No.60 of 2020, pending before the V Additional Chief Metropolitan Magistrate Court, Bengaluru. The charges included offences under Sections 501, 504, 507, and 509 of the IPC.

The case began when a married woman, the complainant, working as a Junior Health Assistant at a Primary Health Centre, Muttugaduru Village, Chitradurga District, filed a complaint on 19-03-2020. She alleged receiving threatening calls at odd hours after giving her mobile number to officers at the Centre. She discovered her number was displayed on the walls of a men's toilet at Majestic bus stand, Bangalore, labelling her as "a call girl." Suspecting known staff, she sought an investigation.

The police investigated and filed a charge sheet against the petitioner and another person. The petitioner approached the court, which granted an interim stay on 09.03.2022. The court noted that the initial charges were non-cognizable offences under Sections 504 and 506 of the IPC, requiring the Magistrate's permission to register the FIR. The required permission was granted, but further proceedings were halted, and no trial occurred against the petitioner since then.

The Court observed that the act would clearly attract the ingredients of Section 509 of the IPC, and in that context, said that, "Section 509 of the IPC deals with word, gesture or act intended to insult the modesty of a woman. The allegation is engraving on the wall of men’s toilet at the Majestic bus stand that the complainant is a call girl and also gives the mobile number of the complainant. It would clearly attract the ingredients of Section 509 of the IPC as Section 509 of the IPC makes it an offence against the accused whoever intends to insult the modesty of any woman, utters any word or makes any sound or gesture or intrusion to the privacy of such woman would be punished with a term which would extend upto three years."

Accordingly, the petition was rejected.

Cause Title: Alla Baksha Patel @ AB Patel vs State of Karnataka & Anr.

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