CRL.P/9006/2023 of MR. SANTHOSH KUMAR ALLAM Vs STATE OF KARNATAKA on 21 July 2026

ORAL ORDER

The petitioner, the sole accused in crime No.18/2023 stands at the doors of this Court calling in question the registration of the aforesaid crime for offence punishable under

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Sections 354(A), 354(D), 323, 384, 504 and 506 of the Indian Penal Code, 1860 ('the IPC' for short).

2. Heard Sri. S.R. Siddaratha, learned counsel appearing for the petitioner; Smt. Waheeda M.M., learned High Court Government Pleader appearing for respondent No.1. and Sri. Kashinath J.D., learned counsel appearing for respondent No.2.

3. It is the case of the complainant that the complainant and the petitioner meet on a dating application called 'Bumble'. They develop relationship and did have physical relationship for close to three months. The relationship turns sour and the complaint emerges at two jurisdictions; one in the State of Andhra Pradesh and the other is before the jurisdiction Police at Bangalore. The subject petition concerns registration of a crime in crime No.18/2023 for the aforesaid offences. The Police then begin to investigate the matter and the petitioner is at the doors of the Court calling in question the said investigation. This Court had granted an interim order of

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stay and the investigation has not progressed any further in the light of the interim order of stay in crime No.18/2023.

4. The learned counsel appearing for the petitioner submits that the father of the petitioner was beaten black and blue by the Police on the instructions of the complainant, who is a colleague at the KMC Hospital at Mangalore. Therefore, would submit that the consensual relationship between the two is projected to become plethora of offences, as indicated hereinabove and would further contend that permitting registration of the crime itself was an abuse of the process of the law and if it is permitted to be investigated into would undoubtedly result in miscarriage of justice, therefore would submit that the crime must not be permitted to be continued. He would seek to place reliance upon the judgment rendered by this Court in Crl.P.No.8596/2024 disposed on 08.07.2025, which had obliterated the crime under Section 354D of the IPC.

5. Sri. Kashinath J.D., learned counsel appearing for the complainant would refute the submission contending that there is no allegation made by the petitioner of breach of

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promise of marriage or repeated rape. It is the acts of the present petitioner of threatening the complainant to circulate the intimate photographs or videos that are in his possession and extorting money. On the said score, the complaint comes to be registered only on the harassment meted out by the petitioner and not on any other score.

6. The learned counsel further submits that the crimes registered by the petitioner also could be investigated into. It is no law that just because the crime registered by the complainant should not be investigated into. The learned counsel further submits that the matter is still at the stage of crime, it needs investigation in the least in the teeth of the offences that are found.

7. Smt. Waheeda M.M., learned High Court Government Pleader would also toe the lines of the learned counsel appearing for the complainant in contending that the investigation in the case at hand is in the least necessary.

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8. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

9. The afore-narrated facts are a matter of record. They would not require any reiteration. The relationship between the petitioner and the complainant is a matter of record. The relationship turning sour is again a matter of record. The entire issue triggers from registration of a complaint on 01.03.2023. The complaint reads as follows:

"1/3/2023 To The station house officer Women's police station, Pandeshwar, Mangalore From Dr. Priyanka.C, age 33yrs D/o C.S.Murrty Resident of Andhra Pradesh:12-2-82/2, LIG 6, APHB colony, Amalapuram, konaseems dist 533201 Residing at C1-22, 5th floor, KMC Staff quarters, lighthouse hill road, Mangalore, Karnataka Ph: 8074509611, 9075196007

Sub: complaint against Mr. Allam Santosh Kumar, age 34yers, resident of vizag, Andhra PRadesh, ph no:7569384216(primary), 9966033232, 9966099345, 8095046283; for intimidation, stalking, physical hurt, extortion of money and mental harassment

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Respected Sir, I, Dr Priyanka.C, first year resident in Neurology at KMC hospital jyothi circle, got acquainted with Mr Santosh kumar Allam over a social platform in November 2022 and we had been talking closely for the next two months without committing to any relationship. On 1/2/23 at around 12pm, he showed up at my mangalore residence and forced me for a live-in relationship with him. When I declined, he resorted to emotional blackmail, made threats against my reputation, life and made me concede to his requests saying he would leave soon if I obeyed him. However, he was abusive, hurt me physically, mostly by slapping on my cheek during the arguments we had regarding his stay in Mangalore, between 1/2/23 and 5/2/23. On the morning of 5/2/23, I sternly denied meeting him or talking to him any further even if he stayed back in Mangalore and implemented any of his threats. He then agreed to leave me if I transferred him my bank balance. Hence I transferred him an amount of Rs.45,000 via google pay and he left from Mangalore. However, he continued to abuse me with fowl words over phone, and after I blocked him on my phone on 8/2/23, he made multiple failed attempts to call me, then he traced my email ids and sent me multiple emails asking me to talk to him. He traced my flatmate Miss. Shruthi vinayan's email id and sent her emails, said he traced my brother-in-law's name and phone number and called him regarding this, posted vulgar comments and pictures of me on hospital's official website which is meant for patients, which were later taken down with involvement of hospital digital communications department, he traced my father's name and phone numbers, and told them all bad things about me, threatened my he'd lose his job if he doesn't settle the matter as per his interests. He's been sending my father messages insulting our family. I did not complain initially about this considering the humiliation around the events that

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my family had to face if this comes out in public. But he continues to trouble us and threatens to make it public. Hence I request you to take the necessary legal action immediately to provide me and my family justice and protection from further harm from the accused, Mr Santosh kumar Allam.

The moment the complaint is registered, the petitioner is before the Court and there is an interim order of stay granted on the score of consensual acts between the two.

10. The acts may be consensual with regard to the physical relationship between the complainant and the petitioner, that does not mean that it becomes a license to the accused for indulging in all acts that are alleged in the complaint, which would prima facie meet the ingredients of the offences. In such a circumstance, when the issue is still at the stage of investigation and is shrouded with seriously disputed questions of facts, there is no warrant for this Court to interfere or interdict investigation in the case at hand.

11. Insofar as judgment relied on by the learned counsel appearing for the petitioner, that was after a full blown proceeding, the offence of stalking was not met in the said

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case, that would not become applicable to the facts obtaining in the case at hand, which is at its nascent stage.

12. In that light, reserving liberty to the petitioner to knock at the doors of this Court in the event a final report is filed and the final report would go against him, the petition stands rejected.

Sd/- (M.NAGAPRASANNA) JUDGE

JY List No.: 2 Sl No.: 3