Karnataka HC drops Section 354 charge against H D Revanna, upholds 354A

Bengaluru, Nov 21 (PTI) The Karnataka High Court has quashed the charge of outraging a woman’s modesty (Section 354 IPC) against JD(S) leader and Hole Narasipura MLA H D Revanna, filed by his former domestic worker.

However, it upheld the sexual harassment charge under Section 354A IPC and directed the trial court to examine whether the delay in filing the complaint can be condoned under Section 468 of the Criminal Procedure Code (CrPC).

Revanna is former Prime Minister H D Deve Gowda's son and jailed former MP Prajwal Revanna's father. He is the elder brother of Union Minister H D Kumaraswamy.

Justice M I Arun observed that the complaint’s contents aligned with the offence of sexual harassment under Section 354A rather than the more serious charge under Section 354.

Revanna had moved the High Court seeking to quash the FIR, arguing that the complaint was filed beyond the three-year limitation period applicable to offences punishable with imprisonment of up to three years.

The prosecution countered that the petition itself had become infructuous since the police had already submitted a charge sheet and the trial court had taken cognisance.

The High Court also noted discrepancies between the complainant’s original version and the police report, particularly regarding the allegations against Revanna’s son, who is listed as the primary accused.

For Revanna, the judge said the charges must be framed strictly based on the complainant’s initial account, which supports only a Section 354A charge.

Since the offence under Section 354A carries a maximum punishment of three years, the judge held that the complaint is prima facie barred by limitation under Section 468 CrPC. The matter has therefore been remanded to the trial court.

The trial court will now decide whether the delay in filing the complaint merits condonation and proceed accordingly on the sexual harassment charge. PTI COR GMS GMS KH