THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.9543 OF 2009 Dated : 17.12.2009 Between : Vankina Chamundeswaranath ….. Petitioners/Accused a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.9543 OF 2009 ORDER : This criminal petition is filed under Section 482 Cr.P.C. by the petitioner/Accused seeking to quash the proceedings in P.R.C.No.58 of 2009 on the file of the I Additional Chief Metropolitan Magistrate, Vijayawada, arising out of crime No.368 of 2009 of Machavaram Police Station, Krishna District, registered for the offence punishable under Sections 354, 509 and 506 I.P.C. 2) Heard. 3) The allegations against the petitioner, who is the sole accused in the case, are that the accused was the Secretary of Andhra Cricket Association, Vijayawada, and that he is in the habit of sexually harassing women cricketers. A complaint was lodged by the second respondent making several allegations of harassment though without any specific instance, which might constitute an offence punishable under Section 354 I.P.C. 4) The complainant has ultimately gone back by giving a statement before this Court stating that under the pressure of some interested persons she gave false complaint. During the course of investigation Police also reported that she has gone back on her statement. 5) As per the complaint given by the second respondent, the petitioner was after every beautiful girl in the cricket team and by misusing his powers he tried to molest women cricketers by taking help of some assistants. It is alleged that the petitioner-accused was sexually harassing the victim since months. During cricket matches the petitioner used to call the victim alone on the pretext of ‘Gim’ and when she went along with her sister, he used to comment as to whether her sister is security to her and asks her to come for ‘Gim’ alone. He used to make phone calls to her during odd hours. One night after 9-00 p.m., he telephoned her and told that he is going to Tamil Nadu in flight and that she also should grow to that stage of going in flights and in case, she has confidence on him, he would take her to that stage. From Tamil Nadu also he telephoned to her and told that he is taking dinner with Star players and asked her as to what she was doing, but she did not respond positively. Once, she went to Kakinada for a match and when she and other team members were in a hotel room, he gave a message to her cell phone at 3.00 a.m. in the morning saying ‘if you are alone call me’. She has shown that message to other members in the team also and then she came to know the intention of the petitioner and became panicky of her future. After, Kakinada match, while they were at Vijayawada in connection with State Team Coaching Camp, the accused was after her and enquired her as to whether she had any financial difficulties and whether she is in need of money or to pay any fee and when she replied that she is in need of money and asked to arrange an amount of Rs.10,000/-, he told her that she need not ask any one for money and during weekend she can come to Hyderabad and spend two days with him and take the required money. After one week, he again telephoned her and enquired as to whether she understood his words or not and whether she is coming to Hyderabad or not and told her to test her luck still. Later, he again phoned up and told her that he was at Bangalore and as Bangalore is very near from Tirupati, she can come to Bangalore, spend two days with him, do shopping, take money from him and go back. Further, in the month of March, while Andhra 20-20 selection was going on, he telephoned her and told that he was responsible for her selection and what she would give him in return. When she thanked him, he said that simple thanks is not sufficient and she has to hug him and thank. Several times, he telephoned her and said that she is indebted to him and when she would discharge the debt and used to harass her in that manner. She felt that to reach her goal whether she has to surrender by giving up her self-respect to the petitioner, who was the elder of the cricket team and was of the age of her father and who was harassing the players and trying to trap the girls. Further, there are several incidents, which she cannot disclose to any one and cannot put into writing. The persons, who are not accommodating the petitioner, were commented by him as unfit for selection and he was managing that they were not selected. 6) Thus, the accused had mentally and physically harassed the complainant. As already referred to above, this complainant has gone back on her complaint. 7) LW.2 Sagi Monika Sai is the girl on whose statement the prosecution now predominantly relies on for the offence under Section 354 IPC against the petitioner. Her statement is that presently she is studying B.Com II year at Rangampet and she is playing cricket since six years and since 2007 she is playing in Junior and Senior State level competitions. During one cricket match, they were given accommodation at Swarna Palace and at that time an incident has taken place with one Salma Bhanu, the then vice-captain, who threatened her and complained against her to the petitioner and got suspended her and at that time she (Monika Sai) attempted to commit suicide by consuming shampoo in the room. Later, at the request of the players, she was taken into the team. She further stated in her statement that earlier when she was going into her room after completing her practice, petitioner herein hugged her from back side with bad intention. Thereafter, the petitioner harassed her saying that she has no fitness, etc. 8) Thus, what all mentioned in the statement of Monika Sai alone has to constitute an offence punishable under Section 354 IPC as she stated that the petitioner hugged her from behind. There are statements of other witnesses also about the petitioner holding the hands, touching the body of other women cricketers on the pretext of coaching, etc. 9) Though, the main witness i.e. complainant Durga Bhavani has gone back on her statement, the statement of LW.2 Monika Sai, as detailed above, would show that there is prima facie material against the petitioner and whether the acts committed by him would constitute an offence under Section 354 IPC or not can be decided only after trial on the basis of the oral statements of the witnesses. 10) It is the contention of the learned counsel for the respondents that though LW.1 Durga Bhavani has gone back from her statement still she may give evidence against the accused during the course of trial, which has to be decided on its own merits, and it cannot be said that there is no prima facie case against the petitioner. 11) Apart from the allegations of Section 354 IPC, there are other allegations of threatening the complainant, etc. by the accused, which would constitute offences punishable under Section 506 I.P.C., for which also cognizance is taken by the committal Court. 12) The learned counsel appearing for the petitioner vehemently contends that the original complainant has gone back on her statement and her statement is of no use and the statement of L.W.2 Monika Sai would not constitute the offence under Section 354 IPC. Hence, there is no case against the petitioner. But, I am not inclined to accept the contention that in case the petitioner hugged the girl from her rear side that would not prima facie constitute the offence punishable under Section 354 IPC. 13) It is also the contention of the learned counsel for the petitioner that on account of group rivalry in Andhra Cricket Association, the petitioner is falsely implicated and false complaint is given against him. But, this contention cannot be accepted as long as there is prima facie case against the petitioner. 14) Thus, on the basis of the complaint, statements of LWs 1 and 2 Durga Bhavani and Monika Sai respectively, it cannot be said that there is no prima facie material against the petitioner to proceed further. As such, it is not a fit case for quashing the proceedings against the petitioner. Therefore, the criminal petition is dismissed. 15) However, considering the circumstances of the main complainant going back, delay in giving the complaint and the allegation of group rivalry in Andhra Cricket Association on account of which a false complaint is given, it is directed that the petitioner shall surrender before the committal Court i.e. I Additional Chief Metropolitan Magistrate, Vijayawada, on or before 31.01.2010 and on such surrender, he shall be released on his execution of appropriate bonds and the petitioner shall not be arrested till then. ______________________ P.SWAROOP REDDY, J 17th December, 2009 SUR