Willfully Deleted CCTV Footage To Destroy Evidence: Karnataka HC Refuses To Quash Abetment Of Suicide Case Against College Principal
The Karnataka High Court has refused to quash an abetment of suicide case against a college principal accused of sexually abusing a minor student.
The Court dismissed a petition filed by the Principal of a College (accused) under Section 482 of the CrPC to quash criminal proceedings under Section 305 of the IPC noting that the accused had wilfully deleted the CCTV footage in order to destroy the evidence. The prosecution alleged that the minor Pre-University College (PUC) student committed suicide after she was harassed and sexually abused by the accused.
A Single Bench of Justice K Natarajan observed, “All the female students have given statement against the petitioner, which clearly reveals the abatement (sic) made by the petitioner…But, in apprehension of the arrest, the petitioner willfully destroyed the CCTV footage and his chamber in order to destroy the evidence. Such being the case, I am of the considered view that it is not a fit case for quashing the criminal proceedings.”
Advocate B. Bhimashankar appeared for the petitioner, while HCGP Jamadar Shahabuddin represented the respondents.
The case of the prosecution was that the accused harassed the deceased victim by addressing her by the name of her caste and sexually abused her which led her to commit suicide in her hostel room. Initially, an FIR was registered by the uncle of the deceased who alleged that the victim was murdered and hanged by the accused in the Hostel.
Upon investigation, the police dropped the murder charges and filed the charge sheet only for the offence punishable under Section 305 of the IPC.
The accused submitted that he was falsely implicated in the case. He argued that being the Principal of the college, he simply discharged his ‘moral and legal duty’ by suitably warning the student.
The prosecution on the other hand alleged that the accused abetted the minor girl to commit suicide. The prosecution alleged that the female students gave their statement to the police that the accused scolded and insulted the victim in the presence of the others and even threatened her that she would be thrown out of the college.
The Court noted that the police did not record any statements regarding the alleged sexual harassment. “The Investigating Officer for the best reasons known to him, has not collected any evidence from the witnesses for scolding the deceased by taking the caste name and insulting a members of the SC/ST community,” the Bench remarked.
The Court further noted that the accused compared the victim with an actress who had the same name as the victim and even insulted the victim by stating that she could not like the actress merely because they had the same name.
“It is stated that the diseased (sic) said to have shown the footwear towards some other students. For that reason, the petitioner said to have called the deceased and warned her and insulted her. Then why has not the petitioner enquired, whether they have teased her? Whether they have sexually harassed her? In fact he has not warned the male students at all. Instead of supporting the victim girl, he has scolded her and warned that she will be thrown out from the college by giving TC,” the Court remarked.
Accordingly, the High Court dismissed the petition.
Cause Title: Ramesh v. State of Karnataka & Anr. (Neutral Citation: 2024:KHC-K:6477)