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The Criminal walked free of rape because I belonged to lower class

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  • Ma Nithya Supriyananda Swami (Ms. Pushpa)

It took her eight years to even file a case against Lenin because she belonged to a scheduled caste (lower class). She had gone through it all - endured caste abuse, attempted murder, poisonous defamation, sexual harassment and a rape attack.

Ma Nithya Supriyananda Swami

She topped in her University, and had the promise of a wonderful career and success awaiting her. At the age when most youth aspire for their personal ambitions, she chose to courageously go beyond the norm and pursue the path of Sanyas. She dedicated her life to the service of humanity, celebrating all she renounced by the living inspiration of her Guru, His Divine Holiness Paramahamsa Nithyananda.

“I was a University Topper in B. Tech Production Technology from Madras Institute of Technology Anna University – Chennai. I had left several job offers and career opportunities to live a renunciate life and joined Nithyananda Peetham, Bengaluru Aadheenam at the age of 22 and soon took the Sanyas vows. I was blessed by Swamiji to take the responsibility of a “Sanyas Training Institute” for Women, which trains and guides women Sanyasis in their spiritual growth.”

“I was attacked, assaulted, abused by criminals and I have had to stand up and fight to reclaim my fundamental religious and human rights along the way. But the attackers were not the so-called ‘Upper Caste Hindus’ out there to get a lower caste person, as falsely projected by the politicians. By all the evidence, it is obvious that I was targeted and attacked by extremist Hindu groups who did not want a female Sanyasi leader, especially from the Scheduled Community (considered low caste in India).”

I was Sexually Harassed by the Sex Offender, Lenin

Ma Nithya Supriyananda Swami is one amongst the female disciples who was directly targeted and attacked by Lenin, the sex offender for the bigger persecution attack on His Divine Holiness Paramahamsa Nithyananda.

I was sexually harassed by Lenin during mid-2009. Lenin had been continuously threatening me at the time. We did not know it at that time, but Lenin Karuppan, the so-called ‘Whistleblower’ was implanted, a secret intruder inside the aadheenam, set to destroy Swamiji and everything He had built. He had committed several criminal attacks against many disciples both male and female, ranging from rape and sexual assault to blackmailing and attempt to murder.”

“In July 2009, he tried to rape me. During the attempt, he sprayed something on my face. After that, I went into a semi-conscious state. I couldn’t open my eyes. I couldn’t do anything. Using that situation he took photographs of my semi-naked upper body on his cell phone. Fortunately I was saved, one volunteer came just then, and he could do nothing more.”

And the next day evening he (Lenin) threatened me, showing the pictures and extorted her:

Lenin Karuppan

To think going through an attempted rape wasn't enough of a harrowing experience, the next day showed no respite in her ordeal. Lenin, the man capable of molesting a woman that had vowed her life to celibacy was about to blackmail and manipulate her through the photos he had taken of her while drugged. She recalls the call made to her:

“First thing, you do not know about me, and what all I can do against you, the ashram and Swamiji. I have a lot of political influence in Tamil

Nadu. I have media influence. I have the pictures with me and I have sent a copy of the pictures already to some of my associates. By now they know what to do. If you open your mouth, I will send this copy to your family and to your parents. So if they come, first thing they will get you out of this ashram. You will not be in the ashram then. You will not be able to say anything against me. Already your parents are very angry that you took sanyas, and now I will turn this whole case against Swamiji and some of the senior disciples. See, as long as you keep your mouth shut, I will not show these pictures to the net or to the media. The moment I smell that if you turned to Swamiji or anyone else, I will simply release the pictures.”

Video frame of Ma Nithya Supriyananda Swami

Video of Ma Nithya Supriyananda Swami : https://youtu.be/z7XzvtlwUNo

I am struggling for eight long years for justice

12 March 2013: Being a female Sanyasi (Hindu monk) of the Nithyananda Order, belonging to a Scheduled Caste community, I had to fight for 8 years just for filing a case against Lenin, for attempted rape and casteist comments made against me. The police in connivance with the accused Lenin didn’t register my complaint.

The serious offenses committed by him are punishable under Sections 342, 354, 355, 376, 384, 506 of the Indian Penal Code and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which were ignored by Police.

Following is the copy of the Police Complaint (FIR):

Police Complaint (FIR)
Sl.No.ಹೆಸರು / ತಂದೆಯ ಹೆಸರು / ಜಾತಿ / ವಿಳಾಸವಿಧವ್ಯಕ್ತಿಯ ವಿಧಲಿಂಗವಯಸ್ಸುವೃತ್ತಿ
1K. LENIN(A1) ,Veppampoondi village,Athru Taluk,Salem DistrictSalem, TamilnaduAccusedCommon manMale

7. ನೊಂದವರ ವಿವರಗಳು

Sl. Noಹೆಸರುವಿಳಾಸಗಾಯದ ವಿಧಲಿಂಗವಯಸ್ಸುವೃತ್ತಿ
1A,PUSHPANithyananda Dhyanapeetem, Bidadi Hobli Ramanagara KarnatakaFemal e

8. ಕಳುವಾಗಿರುವ / ಒಳಗೊಂಡಿರುವ ಸ್ವತ್ತುಗಳ ವಿವರಗಳು

Sl.NoProperty TypeItem descriptionEstimated Value (in Rs.)
1

ಕಳುವಾಗಿರುವ / ಒಳಗೊಂಡಿರುವ ಸ್ವತ್ತುಗಳ ಮೌಲ್ಯ :

9. ವಿಚಾರಣಾ ವರದಿ / ಯು.ಡಿ. ಕೇಸ್ ಸಂಖ್ಯೆ :

10. ಪ್ರಥಮ ವರ್ತಮಾನ ವರದಿಯ ವಿವರಗಳು ಈ ದಿನ ದಿನಾಂಕ 11/03/2013 ರಂದು ಸಂಜೆ 5-45 ಗಂಟೆಯ ಸಮಯದಲ್ಲಿ ಮಾನ್ಯ ಎಸ್.ಪಿ. ರಾಮನಗರರವರ ಸತ್ತವ ಆದೇಶ ಸಂಖ್ಯೆ/ಆಡಳಿತ/ಸಿ/A-58/2013 ದಿನಾಂಕ 11/03/2013 ರ ರಂತೆ ಬುದ್ದ ನ್ಯಾಯಾಲಯದ ರಿಟ್ ಅರ್ಜಿನಂ 10815/11 ರಲಿ ಅರ್ಜಿದಾರರಾದ ಎ. ಪುಷ್ಪ ರವರು ಮನ್ಯ ಉಚ್ಛ ನ್ಯಾಯಾಲಯದಲಿ ಸಲ್ಲಿಸಿರುವ ರಿಟ್ ಬಿಕಿದಾರಿಗೆ ಸಂಬಂಧಿಸಿದ ಕೆ, ಲೆನಿನ್ ಬಿನ್ ಕರುಪ್ಪನ್, ವೆಪ್ಪನ್ ಪೂಂಡಿ ಗ್ರಾಮ,ಆತೂರು ತಾ//, ಸೇಲಂ ಜಿಲ್ಲೆ, ತಮಿಳುನಾಡು ಈತನು ಫಿರ್ಯಾದುದಾರರಿಗೆ ಮಾಧ್ಯಂಗಳ ಮುಖಾಂತರ ಮಾನಹಾನಿ ಮಾಡುತ್ತಿದ್ದು ಮತ್ತು ಅಕ್ರಮ ಬಂಧನಲಿಟ್ಟಿದ್ದು ಮತ್ತು ಆತ್ಯಾಚಾರಕ್ಕೆ ಯತ್ನ ಮಾಡಿದ್ದು ಬಲವಂತದಿಂದ ಪತ್ರಗಳನ್ನು ಕಸ್ತುಕೊಂಡಿದ್ದು ಹಾಗು ಜಾತಿ ನಿಂದನೆಯನ್ನು ಮಾಡಿರುತ್ತಾನೆ ಲೆನಿನ್ ರವರ ವಿರುದ್ದ ಸೂಕ್ತ ಕ್ರಮ ಜರುಗಿಸಬೇಕೆಂದು ಕರ್ನಾಟಕ ಉಚ್ಛ ನ್ಯಾಯಾಲಯದಲಿ ಸಲ್ಲಿಸಿದ ರಿಟ್ ಅರ್ಜಿ ಸಂಖ್ಯೆ 10815/11 ರಲ್ಲಿ ನೀಡಿದ ನೀಡಿದ ಮೇರೆಗೆ

11. (a) ತನಿಖೆಗೊಂಡ ಕ್ರಮ; Investigation (b) ಪ್ರ.ವ.ವರದಿಯನ್ನು ವಿಳಂಬಗೊಳಿಸಿದಾಗ ಅದಕ್ಕೆ ಭಾದಿಯಾಗಿ ವಿನಹ, [?] ಪ್ರಕರಣಕ್ಕೆ ಅದರ ಪ್ರತಿಯನ್ನು ಪ್ರಕಟಿಸುವುದು ಸೂಕ್ತವಾಗಿದೆ? : Yes (c) ಪೊಲೀಸ್ ಅಧಿಕಾರಿಯು ತನಿಖೆಗೆ ಸ್ಥಳಕ್ಕೆ ಧಾವಿಸದಿದ್ದರೆ, ಅಥವಾ ತನಿಖೆ ಮಾಡಲು ನಿರಾಕರಿಸಿದ್ದರೆ, ಕಲಂ 157 ಸಿ.ಆರ್.ಪಿ.ಸಿ ಯ ಕಲಂ (ಎ)ಅಥವಾ (ಬಿ)ಯಡಿ ಕಾರಣವನ್ನು ದಾಖಲಿಸಬೇಕು. ತನಿಖೆ ಕೈಗೊಂಡಿರುತ್ತೆ.

12. ತನಿಖಾಧಿಕಾರಿ ಸಹಿ/ ಹೆಬ್ಬೆಟ್ಟಿನ ಗುರುತು

13. ನ್ಯಾಯಾಲಯಕ್ಕೆ ಕಳುಹಿಸಿದ ದಿನಾಂಕ ಮತ್ತು ಸಮಯ : 11/03/2013 18:45:00 14. ನ್ಯಾಯಾಲಯಕ್ಕೆ ತೆಗೆದುಕೊಂಡು ಹೋದ ಪಿ.ಸಿ/ ಹೆಚ್.ಸಿ : MOHANRAM. G , HC 452

ಓದಿ ಹೇಳಲಾಗಿ ಕೇಳಲಾಗಿ ಸರಿಯಿದೆ

ತಾಣಾಧಿಕಾರಿಯ ಸಹಿ
ಆರಕ್ಷಕ ಉಪ ನಿರೀಕ್ಷಕರು
ಬಿದದಿ ಪೊಲೀಸ್ ಠಾಣೆ
ರಾಮನಗರ ಜಿಲ್ಲೆ- 562 109
ಹೆಸರು: SADANANDA K - PSI

ಪ್ರತಿಗಳು: Superintendent of Police/Commissioner of Police DYSP RAMANAGARA SUB-DIVISION CPI RAMANAGARA RURAL CIRCLE COMPLANANT COPY CASE FILE COPY

12 March 2013 - The order of the Hon’ble High Court of Karnataka

Image of a legal court document

2

4. THE SUPERINTENDENT OF POLICE
RAMANAGAR DISTRICT
RAMANAGAR

5. THE SUB-INSPECTOR OF POLICE
BIDADI POLICE STATION
RAMANAGAR DISTRICT

6. THE SUPERINTENDENT OF POLICE
CENTRAL BUREAU OF INVESTIGATION
GANGANAGAR
BELLARY ROAD
BANGALORE
... RESPONDENTS

(BY SRI R.B.SATYANARAYANA SINGH, HCGP FOR R1 TO R5, SRI C.H.JADHAV, SENIOR ADV., FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS 1 TO 3 TO HOLD AN ENQUIRY INTO THE CONDUCT OF RESPONDENTS 4 AND 5 AND THEREAFTER TO IMPOSE UPON RESPONDENTS 4 AND 5 SUCH PENALTY AS IS WARRANTED AND DIRECT THE 5TH RESPONDENT TO REGISTER A CRIME ON THE BASIS OF THE COMPLAINT OF THE PETITIONER AND WHICH IS MARKED AS ANNEXURE-E AND THEREAFTER TO TRANSFER THE FIR TO THE 6TH RESPONDENT FOR INVESTIGATION AND REPORT AS COMTEMPLATED UNDER SECTION 173 OF THE CODE OF CRIMINAL PROCEDURE AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING 'B' GROUP THIS DAY, THE COURT PASSED THE FOLLOWING:

High Court of Karnataka Seal

2

O R D E R

The petitioner contends that she had lodged a complaint before the 5th respondent against one K.Lenin alleging that he has violated the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and committed the offence under the provisions of the Indian Penal Code.

2. Sri C.V. Nagesh, learned Senior counsel appearing for the petitioner submits that though the complaint was filed in the month of December, 2010, no action has been taken by the respondents.

3. Learned High Court Government Pleader appearing for respondent Nos.1 to 5 submits that the 5th respondent has registered FIR on 11.3.2013 and that he will pursue the matter in accordance with law.

4. Since the 5th respondent has registered the FIR, he is directed to investigate the matter in

High Court of Karnataka Seal

accordance with law. Writ petition is disposed of

accordingly. No costs.

Sd/- JUDGE

'TRUE COPY'
Section Officer
High Court of Karnataka
Bangalore-560 001.

a) The date on which the application was made 15/3/13 b) The date on which charges and additional Charges if any are called for -- c) The date on which charges and additional Charges if any are deposited/Paid-- d) The date on which the copy is ready 18/3/13 e) The date of noting that the copy is ready For delivery 18/3/13 f) The date on which the applicant is required to appear on or before 20/3/13 g) The date on which the copy is delivered to the Applicant 19/3/13 h) Examined by

PRESS MEET BY Ma Nithya Supriyananda Swami exposed the atrocities of Lenin Karuppan

  1. June 2009 – sexual assault, blackmail by Lenin
  1. On Dec 30, 2010 – Caste based discrimination – abusal, “acid attack” and “murder attempt”
Ma Nithya Supriyananda Swami in a press meet

(Video Link: https://youtu.be/3HoQdmlrvpw )

Here is the detailed complaint that Ma Supriyananda Swami filed with the police:

① ③

DATED 30-12-2010

1

To,

The Police Inspector,

Bidadi Police Station,

Ramanagar District.

Sir,

Sub: Complaint against K.Lenin S/o L.Karuppannan, residing at Veppampoondi village, Athur Taluk, Salem District, Tamil Nadu, who is also available at BG-3, Gokul Apartment, new No.250, R.K. Mutt Road, R.A. Puram, Chennai-600 028, for acts of attempt to rape, abuse by taking caste and criminal intimidation - action thereof :

1. I originally hail from M.Pudur village, Kadalur District of Tamil Nadu. I am a member belonging to Scheduled Caste community having been born to my parents who are by caste "Adi Dravida". I am a B-Tech in Production Technology from Anna University, Chennai. After completion of studies, being influenced by the spiritual discourses of Swami Nithyananda, I joined the Nithyananda Dhyanapeetam in the year 2006 for spiritual realization and service to humanity. I took initiation as a Brahmacharini and followed its strict vows and lead life of celibacy. I am completely involved.

2. Lenin the person named in the subject column who also hails from Tamil Nadu and who is a member belonging to the upper Caste, i.e., Goundar joined the Ashram in 2006. He too took initiation into Brahmacharya and was an Ashramite. Lenin started talking to me by questioning me about my caste, native place, educational and family background etc., Though he had taken initiation into Brahmacharya, he behaved completely different from the other Ashramites by indulging in flirting and taking photographs of the brahmacharinies and other women inmates of the Ashram. He

Ma Nithya Supriyananda 2

was warned by many women in the Ashram and whenever they intended to complain against him to the authorities/administrators of the Ashram, he would plead and beg for forgiveness and the inmates being spiritual in nature, had many times readily forgiven him under the impression that he would rectify the mistakes and conduct himself well in future.

3. In the month of July 2009, a couple of days after Guru Poornima, I was required to carry the books relating to the discourses of Swami Nithyananda from the temple and store the same in the archives room which is in the Galleria go down. I called the galleria go down through intercom from the temple and Lenin who answered the intercom phone confirmed his presence there and told that he would keep the place open for me to go and store the books. I immediately carried the books to galleria to store the same but was surprised to find all the lights outside the galleria being switched off. I then called out to find if anybody was inside and Lenin responded saying that he was present and that I should go in and store the books in the store room. As I walked into the galleria hall, Lenin was playing filmy songs on his computer. I then questioned him on the same and advised him that it was not good to keep playing film songs for spiritual persons like us. Lenin responded stating that we should know the present trend and therefore he was listening to the latest filmy songs. I then carried the books to the store room and found that the almira in which the books are to be stored was almost full and I was re-arranging some of the books to accommodate the books that I had carried. At that time, I suddenly heard the Swami's discourse being played at high pitch in the galleria hall and presumed that some new CD was being tested for its Audio-Visual quality/clarity. I then noticed that Lenin was standing behind and gazing at me. He was holding

Seal of the Court of the Sessions Judge, Ramanagara

Maa Nithya Supragyananda

3

a small can in his hand and asked me if I knew what it was. I presumed that it must have been something to do with pesticides since I had learnt from my earlier conversations with him that he had a business with pesticides and that he also used to help/co-ordinate in spraying pesticides inside the Ashram. Lenin then informed me that it was something different from pesticides and that he had newly got the same and would try it on me. So saying, he sprinkled the liquid from the can which he was holding on my face. I immediately started feeling drowsy and wanted to move out of that place. Lenin then put his arm around me and held me in tight grip and closed my mouth with his palm. I could not also scream for help as he had gaged my mouth. In fact, little later when I did manage to free myself and screamed, the same got drowned in the high pitch audio that was put on by Lenin in the galleria hall. I then slipped into semi-conscious state and after sometime I started to slowly recover and realized that I was lying on the floor without any clothes on my upper body and Lenin was sitting on me stark naked and was taking my pictures on his cell phone.

4. On slowly recovering consciousness, I attempted to scream but was once again gagged by Lenin and my mouth was sealed by his hand. He then told me in sadistic pride that even if I screamed, nobody could hear the same and that I should quietly give in and co-operate with him to fulfil his desires. He claimed that he was no ordinary man and that he had learnt about my family background and that hailing from a low schedule taste, my community with no political connection, I cannot have enough support to fight against him. He made an attempt to remove my clothes on the lower part of the body and at that time, Sangamananda a volunteer who was supposed to have come with me earlier itself, came to the galleria room

Ma Nithya Supriyananda 4

and having found the door locked from inside and the lights both inside and outside the galleria being switched off and that only the light in the store room was lit, peeped through the window and saw the ghastly act of Lenin and immediately started banging the door (as told to me by Sangamananda). Lenin immediately dressed up and ran out and opened the door and vanished immediately. Sangamananda then helped me dress up and took me to Brahmacharinies dormitory. I was completely drowsy and did not have even dinner that night and even on the following day, I continued to have a heady feeling and mild drowsiness and I slept the whole day. On that evening, Lenin called for a publication meeting in the Mission Office to ensure my presence there. He then called me on the intercom and pleaded with me to attend the meeting and that if I fail to do so, he would commit suicide by leaving behind a note that Swami Nithyananda and myself are responsible for his death. I reluctantly went to the meeting and after the meeting, Lenin called me and showed me the pictures on his cell phone and warned me not to disclose the previous days incidence to any one failing which he would present the same to my parents and that he had already dispatched copies of the pictures on his cell phone to some of his accomplices who would release the same to the media and shift the blame on Swami Nithyananda and his close disciples and that they had committed such heinous acts on a low caste girl etc., after which my parents would take me away from the Ashram and he would destroy the Swamiji's spiritual standing and the Ashram itself. Fearing for his further acts, I withheld myself from complaining against Lenin.

Thereafter, I learnt that Lenin in conspiracy with certain other persons created a obscene video and tried to blackmail one

Ma Nithya Supriyananda Ranjitha a cine actress and the administrators of our Ashram and tried to extort monies from them and on their failure to give into his demands, he got the same aired on certain television channels and also got the photographs of the video published in certain magazines.

6. Thereafter I was totally scared and worried that Lenin might put up my semi-naked photographs on the internet which he had clicked after sprinkling some liquid on my face and having put me into slumber as stated above. Just the thought of the capabilities of Lenin would completely disturb and depress me. I was leading a life with constant fear and I was contemplating to commit suicide not being able to withstand the possibility of me being exposed to public shame in the event of Lenin putting his threats into action for one reason or the other. I then discussed my disturbed mental state with Sangamananda who counselled me and gave courage to discuss the matter with others. I then brought the matter to the notice of my family friends and well-wishers who gave me courage and advised me to expose Lenin for the criminal acts he committed on me and to initiate appropriate legal action against him for misleading the public and for attempting to destroy the sacred institution of Nithyananda Dhyanapeetam.

7. I was contemplating to take an action against Lenin for molestation, attempted rape, criminal intimidation among other offences which was committed and the media houses which aired and published the cooked up story and obscene

court seal

videos/photographs created by Lenin. My decision to take action against Lenin and the media houses came to the knowledge of all

Ma Nithya Suprijananda the Ashramites and they too encouraged me to go ahead with my intended action.

8. On the morning of 30.12.2010 at about 8-00 A.M. while I was walking up towards the bus stop on the Bangalore-Mysore Highway along with Achalananda and my brother Thyagarajananda to go for a follow-up treatment with Dr. Shantha, who has her Clinic in Basavanagudi, Bangalore, a car bearing registration No.TN 22 AB 6510 came to a screeching halt next to us and to my shock Lenin along with two other persons whom I do not know got down from the car and came to me in a menacing manner and abused me in most filthy and vulgar language and questioned me on my intentions to institute legal action against him and the media houses. I confirmed to him of my intention to initiate such action. Lenin then abused me in Tamil language taking the name of my caste and stated

(i.e., you scheduled caste prostitute you are a female from low caste, low caste dogs etc.,)

He then displayed a bottle containing some liquid claiming the same to be acid and that he would portrait on my face and disfigure me if I do not restrain myself from initiating any action against him and his associates. By this time, few of the passers by began to gather and crowd up at the spot. Sensing that they would

Stamp of the Court of the Sessions Judge, Ramanagara

Ma Nithya Supriyananda 7

be in trouble, Lenin and his two other associates took to their heals. While leaving, Lenin once again held out a threat to my life if I fail to adhere to his dictates and proceed to initiate action against him, his associates and the media houses and got back into the car and drove away towards Bangalore.

9. I could not file this complaint earlier to this day not only for the reason that I had totally become fear stricken of my exposure to public shame and humiliation consequent to the threats administered to me of circulation, publication and screening of my half naked body, the pictures of which we had taken on his cell phone and also for the reason that Lenin in view of the support he has been having of men and money was capable of doing away with my life.

(a) The incident which took place this morning made me to muster courage on to myself to set the law into motion so that the guilty brought to books and punished, least, people of the character of Lenin get emboldened and continue to indulge in this kind of nepharious activities.

10. I seriously apprehend danger to my life and limbs at the hands of Lenin and his associates who are capable of putting their threats into action. I am now completely shaken by the threats of Lenin. I am now not stepping out of the Ashram.

I therefore request your good self to register my complaint against Lenin and his two other associates for offences which are made

Court seal of the Sessions Judge, Ramanagara

Ma Nithya Supriyananda penal under Sections 342, 354, 355, 376, 384, 506, of the Indian Penal Code and under Section 3 of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 and bring them to books and institute appropriate legal action against them and further provide adequate security to me and my other brothers and sisters in the Nithyananda Dhyanapeetam for which act of goodness on your part, I shall remain thankful to you.

Yours faithfully,

(A. PUSHPA)
also known and called as
MA.NITHYASUPRIYANANDA
Nithyananda Dhyanapeetam,
Nithyanandapuri,
Off : Mysore Road,
Bidadi-562 109,
Ramanagar District.

Copy to:

1. The Additional Director General
Of Police,
Civil Rights Enforcement Cell,
Bangalore.

2. Inspector General of Police,
Central Range,
Bangalore.

3. Superintendent Of Police,
Ramanagara District,
Ramanagara.

For favour of information and necessary action.

TRUE COPY

[Signature] Examiner

  • Ma Nithya Supriyananda
  • [Stamp: COURT OF THE SESSIONS JUDGE, RAMANAGARA]

13 80 17.45 50 8 S.P. 88 58/13. 11.3.13. 50 8 77/13 80 342 354 376 511 384 506 SC/ST 3 (x)

After a long legal battle, I’m still fighting

On 22 January 2017, the police in connivance with the accused closed the case by filing a ‘B’ report. However, I could not give up. She approached the Court for justice and filed a complaint in Ramanagara Court.

Finally, the Hon’ble Sessions Court on 22 January 2017 ordered for registering this case as Special Case. The Hon’ble Ramanagara Court set aside the ‘B’ report filed by police.

Due to the seriousness of the case, the law under the SC/ST Act requires the case to be completed in 2 months. The case is currently undergoing trial in First Additional Magistrate Court, Ramanagara.

Legal document page

The court ordered that the charge sheet has to be filed after the investigation and has taken cognizance of the offences under Sections 376 (rape), 341 (wrongful restraint), 506 (criminal intimidation), 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code and under Section 3(1)(r) of SC ST Act (intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view).

Orders document image

22.01.2018

Complainant : M.M. For Orders

ORDERS

The present complainant by filing protest memo challenged the 'B' report submitted by the I.O. It has been alleged that, the accused has sexually assaulted her in the Ashram and also on 30.12.2010 at 8 a.m. in the morning the complainant was going along with Achalananda and her brother Thyagarajananda towards the but stop on Bengaluru-Mysuru road highway for a follow-up treatment with Dr.Shantha in Basavanagudi, Bengaluru. During that time, the accused come in a car, abused her in filthy language by taking her caste and also obstructed their movement, molested her and also gave threat to her life. Thereby he has committed the offence. Immediately on 30.12.2010 they had filed the complaint, but it was not registered. However, FIR discloses that, as per the letter of S.P's order No.C.58/2013 dated:11.03.2013 the FIR was registered. In pursuance of it, investigation was conducted and 'B' report was filed. That has been questioned now.

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Cr.77/13

In support of their protest memo and complaint, the complainant herself examined as PW.1 and also examined 4 witnesses as per PWs.2 to 5 and relied upon the document Ex.P1. PWs.1 to 5 have consistently deposed before the Court. But prima-facie to prove the offence under SC/ST Act, 1989, the complainant not produced the Caste Certificate. However, she has produced the xerox copies at the time of arguments and also filed a memo stating that, in her sworn statement (PW.1), there is a typographical error and typed wrongly as 2010 instead of 2009. Considering these aspects, the arguments advanced by the counsel for the complainant and also the decision of the Hon'ble Supreme Court of India in Nupur Talwar - vs - Cbi & Anr on 7th June, 2012, it is clear that, if there is evidence with regard to proceed with the case would suffice and the Court shall not except that, the evidence must be placed to convict the accused. Yet the accused have to appear and he is to be tried for the alleged offence. Therefore, the evidence of PW.1 reveals that, in Nithyananda Dyanapeetam in the month of July 2010 the accused called her to gallery, he was holding some liquid. It was splashed on her eye and she suspected that.

Court Seal

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something is wrong and she should immediately leave the place and started to screaming. Since there was high volume in the audio music sound, her screaming cannot be heard by others and she could not able to stand up and he was holding her mouth tightly and later she regained conscious and realized that, there were no clothes on her upper body and the accused was naked and sitting on her. This aspect prima-facie goes to show that, he has committed sexual assault against the complainant. With regard to the caste abuse on the highway confining them of their movement while they were going towards the bus stop on Bengaluru-Mysure road, these factors are taken into consideration and also gave threat to her life, I am of the considered opinion that, at this stage to proceed against accused, there is sufficient evidence prima-facie with regard to alleged rape, wrongful confinement from their movement and abusing in filthy language by taking caste on the public road and giving threat to life, the accused shall be tried for these offence. Accordingly, I pass the following:

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ORDER

The 'B' report filed by the I.O. is set aside by

allowing the protest memo.

Cognizance is taken for the offence punishable

u/s 376, 341, 506, 504 of IPC and u/s 3(1)(r) of

SC/ST (P.A) Amendment Act, 2015. office is cited & registn c c a Issue summons to the accused.

Addl. District and Sessions Judge,

Ramanagara.

TRUE COPY

Examiner

22/1/18

Copy applied on

  1. Copying charges called for on
  1. Copying charges prepared on
  1. Applicant told to appear on 3/2/18
  1. Applicant appeared on 22/1/18
  1. Copy ready on 22/1/18
  1. Copy delivered on 22/1/18
  1. Copier by
  1. Examined by

Examiner

Sl.No.ಹೆಸರು / ತಂದೆಯ ಹೆಸರು / ಜಾತಿ / ವಿಳಾಸವಿವರಪ್ರಕ್ರಿಯೆ ವಿಧಲಿಂಗವಯಸ್ಸುವೃತ್ತಿ
1K. LENIN(A1) ,Veppampoondi village,Athru Taluk,Salem DistrictSalem, TamilnaduAccusedCommon manMale

7. ನೊಂದವರ ವಿವರಗಳು

Sl. Noಹೆಸರುವಿಳಾಸಗಾಯದ ವಿಧಲಿಂಗವಯಸ್ಸುವೃತ್ತಿ
1A.PUSHPANithyananda Dhyanapeetem, Bidadi Hobli Ramanagara KarnatakaFemal e

8. ಕಳುವುಗೈದ / ಜಪ್ತಿಮಾಡಿದ ಸ್ವತ್ತುಗಳ ವಿವರಗಳು

Sl.NoProperty TypeItem descriptionEstimated Value (in Rs.)
1

ಕಳುವುಗೈದ / ಜಪ್ತಿಮಾಡಿದ ಸ್ವತ್ತುಗಳು ಮೌಲ್ಯ :

9. ಮರಣೋತ್ತರ ವರದಿ / ಯು.ಡಿ. ಕೇಸ್. ಸಂಖ್ಯೆ :

10. ಪ್ರಥಮ ವರ್ತಮಾನ ವರದಿಯ ವಿವರಗಳು ಈ ದಿನ ದಿನಾಂಕ 11/03/2013 ರಂದು ಸಂಜೆ 5-45 ಗಂಟೆಯ ಸಮಯದಲ್ಲಿ ಮಾನ್ಯ ಎಸ್.ಪಿ ರಾಮನಗರದ ರವರ ಆದೇಶ ಸಂಖ್ಯೆ/ಐಐಟಿಇ/ಸಿ-58/2013 ದಿನಾಂಕ 11/03/2013 ರ ರಂತೆ ಯುನಿಟ್ ನ್ಯಾಯಾಲಯದ ರಿಟ್ ಅರ್ಜಿ ನಂ 10815/11 ರಲ್ಲಿ ಅರ್ಜಿದಾರರಾದ ಎ. ಪುಷ್ಪ ರವರು ಮಾನ್ಯ ಉಚ್ಛ ನ್ಯಾಯಾಲಯದಲ್ಲಿ ಸಲ್ಲಿಸಿರುವ ರಿಟ್ ಅರ್ಜಿಗೆ ಸಂಬಂಧಿಸಿದ ಕೆ. ಲೆನಿನ್ ಎನ್ ಕರುಪ್ಪಣ್ಣನ್, ಪಲ್ಲಾರ್ ವೋಡಿ ಗ್ರಾಮ,ಆತ್ತೂರು ತಾಲ್ಲೂಕು, ಸೇಲಂ ಜಿಲ್ಲೆ, ತಮಿಳುನಾಡು ಈತನು ಫಿರ್ಯಾದುದಾರರಿಗೆ ಮಾಧ್ಯಮಗಳ ಮುಖೇನ ಪ್ರಚಾರಪಡಿಸಿ ಮತ್ತು ಆಕ್ಷೇಪಾರ್ಹ ಬಂಧನದಲ್ಲಿಟ್ಟು ಮತ್ತು ಆತ್ಮಾಹತ್ಯಕ್ಕೆ ಯತ್ನ ಮಾಡಲು ಬಲವಂತದಿಂದ ವಸ್ತುಗಳನ್ನು ಕಿತ್ತುಕೊಂಡು ಬೆದರಿಕೆ ಹಾಕಿದ ನಿಬಾರಯನ್ನು ಪಡೆದುಕೊಂಡು ಲೆನಿನ್ ರವರ ವಿರುದ್ಧ ಸೂಕ್ತ ಕ್ರಮ ಜರುಗಿಸಬೇಕೆಂದು ಕರ್ನಾಟಕ ಉಚ್ಛ ನ್ಯಾಯಾಲಯದಲ್ಲಿ ಸಲ್ಲಿಸಿದ ರಿಟ್ ಅರ್ಜಿ ಸಂಖ್ಯೆ 10815/11 ರಲ್ಲಿ ದೂರು ನೀಡಿದ ಮೇರೆಗೆ.

11. (a) ತನಿಖೆಗೊಂಡ ಕ್ರಮ: Investigation

(b) ಪ್ರ.ವ.ವರದಿಯನ್ನು ವಿಳಂಬವಾದುದರಿಗೆ ಆದರಿಗೆ ಭಾವನೆಯ ವಿವರಿ, ಓದಿ ಹೇಳಲಾಗಿದೆ ಆದರ ಪ್ರತಿಯನ್ನು ಪ್ರಶಕ್ಕೆಯಾಗಿ ಕೊಡಲಾಗಿದಿ? : Yes

(c) ಪೊಲೀಸ್ ಅಧಿಕಾರಿಯು ತನಿಖೆಗೆ ಸ್ಥಳಕ್ಕೆ ಧಾವಿಸದಿದ್ದಲ್ಲಿ ಅಥವಾ ತನಿಖೆ ಮಾಡಲು ನಿರಾಕರಿಸಿದ್ದಲ್ಲಿ ಶೆಯ 157 ಸಿ.ಆರ್.ಪಿ.ಸಿ ಯ ಕಲಂ (ಎ)ಅಥವಾ (ಬಿ)ಯಡಿ ಕಾರಣವನ್ನು ದಾಖಲಿಸಬೇಕು

12. ಕಳುಹಿಸಿದವರ ಸಹಿ / ಹೆಬ್ಬೆಟ್ಟಿನ ಗುರುತು

13. ನ್ಯಾಯಾಲಯಕ್ಕೆ ಕಳುಹಿಸಿದ ದಿನಾಂಕ ಮತ್ತು ಸಮಯ : 11/03/2013 18:45:00

Nakkheeran, A Yellow Tabloid Magazine, Accused and Defamed me of Running a Sex Racket

“Yellow Tabloid Nakkheeran published abusive and defamatory articles against me, portraying and describing me to be running a ‘sex racket’ in the name of a ‘Sanyas Training Institute’.

A criminal defamation case was filed at 1st Additional District and Sessions Court, Kolar-Karnataka for publishing a defamatory article about me. The accused in the case were Nakkheeran Editor, R. Rajagopal, Editor Kamaraj and Lenin Karuppan.

Meanwhile, the Nakkheeran Magazine and team threatened and blackmailed my family members, pressurizing them to get me out of the spiritual life and the ashram. My family was deeply disturbed after this, and were apprehensive about my safety at the ashram.”

Nakkheeran magazine cover and article clipping

60

A collage of images including a person in an orange robe, and various document pages
A collage of a man and a woman in a newspaper clipping