IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.4833/2013 BETWEEN:
The Administrative Officer, T.V.9 Karnataka Pvt. Ltd., # 13, Rhenius Street, Richmond Town, Bangalore-560025. …PETITIONER (By Sri. A.K.Subbaiah, Advocate - Absent) AND:
Chandrakanth Pai, S/o Late P.K.Pai, Aged about 53 years, R/at D-5, Mahalasa Apartments, 8th Cross Road, Gandhinagar, Mangalore-575003. ...RESPONDENT (By Sri. Raghavendra.S., Advocate) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the private complaint in PCR No.12/12 and order dated 12.6.2012 passed by the JMFC (II Court) at Mangalore, and all further proceedings pursuant thereto in the interest of justice and equity.
This Criminal petition coming on for admission, this day, the Court made the following:
O R D E R Learned counsel for the petitioner is absent. Heard the learned counsel for the respondent. Perused the petition.
2. Petitioner/accused No.7 has sought to quash the proceedings in PCR No.12/2012 and the order dated 12.6.2012, on the file of JMFC-II Court at Mangalore, on the ground that the allegations made against the petitioner do not make out the ingredients of the alleged offences punishable under Sections 499 and 500 of IPC and therefore, prosecution of the petitioner is illegal and an abuse of process of the Court.
3. A perusal of the private complaint filed by the respondent before the trial court discloses material allegations against petitioner/accused No.7 attracting the ingredients of the alleged offences. In para 26 it is stated thus:
26. That on 30.07.2011 at 9.30 A.M. on 01.08.2011 at 9.30 A.M. and on 04.08.2011 at 3.30 P.M. to 4.00 P.M. in a programme telecast by a Television Channel operating under the name and style as TV9, administered by accused No.5,6 & 7 both the accused No.1 and 3 at the instance of accused Nos.2 and 4 have made grave /serious defamatory statements/allegations to the effect that, the complainant herein and the said Mrs.Vasanthi Shenoy have maintained an illicit and adulterous relationship with each other, intentionally, deliberately, willfully and purposefully in order to tarnish the impeccable image and reputation of the complainant in the eyes of the public as well as in the eyes of the colleagues of the complainant herein as stated supra.
Further in para 28(e) it is stated as under:
28(e) The perse defamatory articles, derogatory remarks has been improvised, stage played, managed and published/telecast/propagated by the accused with the knowledge and sole intention to defame the complainant’s image and repute before the public at large, relatives, friends and colleagues. The dastardly, execrable, debase and mendacious allegations are published/telecast with the intention to lower the image of the complainant. The said publication/broadcast are absolutely baseless, vexatious, scandalous and perse defamatory. The said publication/broadcast has lowered the repute, status and image of the complainant before his friends, colleagues, relatives and before the right thinking public at large and customers of the bank. Further, the accused has made aforesaid publication tarnishing the image of the complainant with the knowledge and intention that the same would jeopardize the image at repute of the complainant. Further, the publication/broadcast defaming the complainant is not for public good or benefit nor with any privilege or exception nor with any imputations of truth in it. Neither the said publication/broadcast can be termed as news or paid news. The said TV9 has got huge viewership all around the world and it is claimed to be No.1 channel in Karnataka.
Further allegations in para 29 of the complaint read thus:
29. In this regard in view of the perse defamatory statements made, published/broadcasted through materials and through visual media, the complainant was constrained to issue legal notice dated 07.12.2011 to all the accused except accused No.4, directing them to tender an unconditional written apology. Further, the accused No.5, 6 & 7 were also directed to furnish the copy of C.D. footage of the T.V. program telecasted “Amma Yaake Heege”. The said notices were served on accused No.3,5,6 &7 and the same has been accepted without any demur and failed to furnish copy of the said TV footage. The notices issued to the accused No.1 & 2 to their correct addresses has returned back to the sender for the reasons “left India”.
4. These allegations, in my view, are sufficient to attract the ingredients of the offences punishable under sections 499 and 500 of Indian Penal Code. Therefore, this is not a fit case to quash the proceedings at this stage.
Accordingly, criminal petition is dismissed.
All the contentions urged by the petitioner are left open to be urged before the trial court at appropriate stage.
Sd/- JUDGE bkp