Karnataka HC refuses to grant relief to a man who wrote a woman’s phone number on the toilet wall

Bengaluru: The Karnataka High Court refused to quash proceedings against a man accused of scrawling a woman’s mobile number on the walls of men’s toilets and bus stops in Bengaluru’s Majestic area and calling her a ‘call girl’ to call.

The petitioner was charged with several offenses including IPC section 509, for word, gesture or act intended to insult the modesty of a woman.

“In today’s digital age, you don’t have to cause physical harm; a woman’s modesty can be hampered by the mere spread of pejorative statements, photos or videos on social media. Therefore, when such cases are presented before this court, they are disposed of. There should be no interference, but strict action should be taken. The petitioner has indulged in one of the ingredients of such insult through a fresco or a writing on the wall. He cannot, therefore, get away with making such derogatory remarks about a woman in public,” Justice M. Nagaprasanna said while dismissing the petition filed by Alla Baksha Patel, a resident of Chitradurga.

The complainant in this case is a junior health assistant in a primary health center. She claimed to have given her mobile number to the officers at the centre. She started receiving calls from unknown numbers at odd hours and some callers said her mobile number was posted on the walls of the men’s room at the Majestic bus stop.

Police have filed a chargesheet for offenses punishable under IPC sections 501 (Printing or engraving material known to be defamatory), 504 (Intentional insult with intent to provoke breach of peace), 507 (Criminal intimidation by anonymous communication) and 509 (Word, gesture or act intended to insult the modesty of a woman) of the IPC.

The petitioner alleged that he had written the mobile number on the walls at the insistence of the complainant’s colleague who had an argument with her. Justice Nagaprasanna observed that the allegations raised by the petitioner need to be decided in a trial and added that the plaint allegations meet the ingredients of the offenses alleged against the petitioner.

“Inflicting physical harm on a woman is a completely different circumstance and can be punished with various criminal offences, but if the privacy of the victim is invaded, personal integrity would cause serious psychological damage that can sometimes be more painful for a woman.” woman then causes physical damage, because it damages the soul. Therefore, any scatological or lascivious statements made against a woman, whether through gestures, writing or speaking, would undoubtedly amount to insulting the modesty of a woman,” the court said.

The court also said that it is open to the complainant to invoke CrPC Section 319 to include the complainant’s colleague as an accused after following due process of law.

Published June 15, 2024, 8:37 PM IST