Partial relief for HD Revanna: Karnataka HC sets aside offence relating to outraging modesty in former house help’s complaint

A trial court will examine the validity of the sexual harassment charge levelled by the complainant against Janata Dal (Secular) MLA H D Revanna.

H D Revanna

The Karnataka High Court has granted partial relief to Janata Dal (Secular) legislator H D Revanna in connection with a charge of assault to outrage modesty levelled against him by a former house help under Section 354 of the Indian Penal Code, while a lower court is set to examine the validity of the charge under section 354A (sexual harassment) over the question of limitation.

The order was passed on November 19 by Justice M I Arun. Revanna was accused of sexually harassing a house help who worked at his family’s farmhouse. It was also alleged that his son and former JD(S) MP Prajwal Revanna had harassed the woman, following which a First Information Report (FIR) was registered in April last year.

Revanna’s counsel argued that the question of the matter being barred by limitation opened up as more than three years had passed since the alleged incident. An offence committed under Section 354A – which carries a punishment of three years imprisonment – must be reported within three years.

It was submitted by Revanna that a slight alteration was made between the woman’s complaint and the police report so that the matter would attract Section 354 as well. This section carries a punishment of up to five years, which Revanna’s counsel argued was done deliberately to ‘remedy’ the problem of limitation coming into effect.

The bench observed, “In respect of accused No.1, the version of the complainant is slightly varied and incorporated in the police report from what she had given earlier in the complaint. The difference in language has attracted the provisions of Section 354 of IPC… Perusal of the police report, along with the materials produced, reveals that the petitioner is primarily charged on the allegations made by the complainant and not from any independent witnesses.”

This being the case, the bench noted that the allegations should attract Section 354A and not 354. With regard to the question of limitation, the bench stated, “As the maximum punishment prescribed under Section 354A of the IPC is for a period of three years, it is essential to consider whether it is a fit case to extend the period of limitation… I am of the opinion that it is a fit case to remand the matter back to the trial court to consider afresh as to whether it is a fit case for condonation of delay or not and pass appropriate orders…in respect of taking cognizance of the offence.”

Revanna is former prime minister H D Deve Gowda’s son and the elder brother of Union Minister H D Kumaraswamy.