IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7576/2017 BETWEEN:
CHRISTOPHER JASWANTHRAJ @ CHRISTOPHER, S/O. JAYARAJ BERNAND, AGED ABOUT 35 YEARS, OCC: PRIVATE EMPLOYMENT, RESIDENT OF NO.3134, 6TH CROSS, ‘C’ MAIN, 13TH CROSS, INDIRANAGAR, HAL II STAGE, BENGALURU-560 038.
ALSO AT:
ATTITUDE COUNTS TALENT DANCE ACADEMY, 1ST FLOOR, 1ST BLOCK, HRBR LAYOUT, BEHIND OM SHAKTI TEMPLE, BENGALURU-560 043.
(NOW IN JC) ...PETITIONER (BY SRI. CHANDRAMOULI H.S., ADV.) AND THE STATE OF KARNATAKA BY THE POLICE OF BANASWADI POLICE STATION, BENGALURU CITY-560 043. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
(BY SRI. CHETAN DESAI, HCGP) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.230/2017 OF BANASWADI POLICE STATION, BENGALURU CITY AND SPL.C.C.NO.359/2017 PENDING ON THE FILE OF THE LIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-54), FOR THE OFFENCE P/U/S 4, 6, 8 OF POCSO ACT, 2012 AND U/S 376 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Sections 4, 6 and 8 of POSCO Act and Section 376 of IPC, registered with the respondent-police in Crime No.230/17.
2. The case of the prosecution as per the complaint allegations is that during April 2016, the prosecutrix had joined dance class in Attitude Counts Dance Academy, of which the petitioner was a Director. Initially, the petitioner was close and friendly with her leading her to open up with him about the problems she had at home and school. During the month of September, the petitioner proposed and started behaving inappropriately with her. One morning when the petitioner and prosecutrix were alone in the dance class, the petitioner began taking to her romantically and kissed on her lips, which was objected by prosecutrix. The petitioner also used to attempt to influence the personal and academic life of prosecutrix by advising her certain course of actions. On 17.12.2016, the dance academy had annual day function ‘infinity’. After that, one morning, when the prosecutrix had gone to dance class, the petitioner started behaving badly with her in the lobby and thereafter, the petitioner pulled down the shutter, went near the prosecutrix, kissed on her lips and touched her private parts. The prosecutrix got frightened and was unable to respond. Even though she expressed that she was too young and lacks maturity to indulge in such activity, the petitioner forced her to have sex and in the process, he had removed clothes worn by both of them and had sex with her. Thereafter, the petitioner told her not to inform anybody about the incident as they would get into trouble. Subsequently, the petitioner had done same thing for more than five times and she stopped going to class from 1st of April. On the basis of the said complaint, case came to be registered for the aforesaid offences. Now the investigation is complete and charge sheet is also filed.
3. Heard the arguments of the learned counsel for the petitioner/accused and the learned High Court Government Pleader for the respondent-State.
4. The learned counsel for the petitioner has drawn the attention of the Court to the last portion of the complaint wherein the complainant has stated that on the advice of one Karishma, she decided to call her parents and file the complaint. The said Karishma also has filed a complaint against the petitioner. Therefore, it is clear that on the ill-advice of said Karishma, the complaint is filed. He submits that with an intention to tarnish the image of the petitioner, both of them have filed the complaint. Nothing as alleged in the complaint has happened. He further submits that now the investigation is completed and charge sheet is also filed. Hence, by imposing reasonable conditions, the petitioner may be enlarged on bail. He has also produced some photographs and on the basis of the same he submitted that falsely the petitioner is said to have involved in such cases earlier and there is every possibility of implicating the petitioner in such a false case.
5. Per contra, the learned HCGP submitted that the girl is aged 15 ½ years. She is minor and from the allegations made in the complaint it is clear about the acts done by the petitioner on the victim girl. He submits that even the statement of the victim girl is recorded under Section 164 of Cr.P.C. and on oath the victim girl has stated in detail about the sexual act done by the present petitioner, which is a serious offence both under IPC as well as under the provisions of the POSCO Act. Her evidence is yet to be recorded before the Court during the course of trial and if the petitioner is released on bail, there is every chances of he threatening the victim girl to not to give evidence in the Court. Hence, he submits that the petitioner is not entitled to be released on bail.
6. I have perused the grounds urged in the bail petition, FIR, complaint and also other materials produced by the counsel for the petitioner so also the order of the learned Sessions Judge, Bengaluru, rejecting the bail application of the present petitioner.
7. The earlier bail petition filed by the petitioner at the crime stage has been rejected by this Court. It is the contention of the petitioner’s counsel that investigation is completed and charge sheet is filed and as such the petitioner may be released on bail. From a perusal of the entire material so also Section 164 statement given by the victim girl before the JMFC Court, Bengaluru, and the allegations made in the complaint, it is seen that there is consistency insofar as the alleged acts done by the petitioner is concerned. No doubt, in the last portion of the complaint, the complainant has stated that after Karishma’s advice, she decided to call her parents and file the complaint. She is a young girl of 15 ½ years. Even what is stated in the last portion of the complaint is accepted to be true, the entire version of the victim girl cannot be brushed aside by the Court. From the materials placed by the prosecution, prima-facie there are allegations of sexual act done by the petitioner on the victim girl. As rightly submitted by the learned HCGP, the petitioner being a teacher, he is in a dominating position on the will of the student. Considering these aspects of the matter, this is a not a fit case to exercise the discretion in favour of the petitioner. Accordingly, the petition is rejected.
8. However, in view of the submission made by the learned counsel for the petitioner that the petitioner is in custody since from the date of his arrest and looking to the provisions of the POSCO Act, after completion of trial and after recording the statement of the victim girl, the concerned trial Court is hereby directed to take up the matter on priority basis and to conclude trial as early as possible but not later than six months.
Sd/- JUDGE *alb/-.