BENGALURU: In a partial relief to former minister HD Revanna, the Karnataka High Court has set aside a magistrate’s order taking cognisance of the offence alleged against him concerning the complaint lodged by a domestic help with Holenarasipura police. The case was filed under Section 354 (outraging the modesty of a woman), and was later transferred to the Special Investigation Team.
However, the court said: “The matter stands remanded back to the trial court to consider whether it is a fit case to condone the delay (in lodging of the complaint) and pass appropriate orders thereafter in respect of the offence alleged against the petitioner-Revanna under Section 354A of IPC (sexual harassment)”.
Justice M I Arun passed the order while partly allowing the petition filed by 66-year-old MLA, Revanna, challenging the FIR registered against him based on the complaint filed by a 47-year-old domestic help.
The court noted that the petitioner has been charged with the offences under Sections 354 and 354A. As the offence under Section 354 attracts a punishment up to five years, the trial court has taken cognisance of the same without examining the fact that the complaint was lodged after a lapse of more than four years.
Reading the complaint as a whole, even if the allegations are held to be true, it discloses an offence to have been committed by the petitioner under Section 354A and not Section 354, as he is charged in the police report, the court said.
The court also said that the petition is filed for quashing the FIR and not for setting aside the cognisance taken by the trial court. However, in the course of the arguments, it is submitted that cognisance was taken on September 9, 2024, by the trial court of Bengaluru city.