IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6668/2017 Between:
Fayaz Ahmed Shariff, S/o Mohammed Shariff, Aged about 53 years, The Secretary, Iqra Public School, # 59, 4th ‘A’ Cross, Iliyaz Nagar, J.P.Nagar Post, Bengaluru-78. ….Petitioner (By Sri Ramesh L., Advocate) And State by S.H.O. Kumaraswamy Layout P.S, Bengaluru-78, Represented by S.P.P, High Court of Karnataka, Ambedkar Veedi, Bengaluru- 560 001. …Respondent (By Sri S.Vishwamurthy, HCGP.) This Criminal Petition is filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.250/2017 of Kumaraswamy Layout Police Station, Bengaluru City, which is registered for the offence punishable under Section 123 of Karnataka Education Act, 1983 and Section 18 (5) of the Right of Children Free and Compulsory Education Act, 2009 and Section 418 and 420 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner apprehends arrest by the respondent police in their Crime No.250/2017 registered in respect of the offences punishable under Section 123 of Karnataka Education Act, 1983 and Section 18 (5) of the Right of Children to Free and Compulsory Education Act, 2009 and Section 418 and 420 of IPC.
3. Learned counsel for the petitioner submits that the school run by the Charitable Trust and the petitioner herein is the Secretary of the school. The application seeking permission to start the school is pending before the education authority. There is no intention by the management to cheat the children or the parents. If anticipatory bail is granted, he will appear before the Investigating Officer and co-operate with the investigation.
In the light of the above, the petition is allowed. Petitioner is granted anticipatory bail in Crime No.250/2017 registered by the respondent-Police subject to the following condition:
i) He shall forthwith appear before the respondent-Investigating Officer and in the event of his arrest by the respondent- Police, he shall be released on bail on his executing a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for likesum to the satisfaction of the concerned court.
Sd/- JUDGE MR