IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7937/2019 BETWEEN:
SMT.JESCINTHA SAMUEL, W/O.SRI SAMUAL CHINNAIAHN, AGE: 61 YEARS, R/AT NO.57, 6TH CROSS, MURUGESHPALYA, BANGALORE – 560 017.
… PETITIONER (BY SRI R.A.DEVANAND, ADV.,) AND:
THE STATE OF KARNATAKA, REPRESENTED BY THE STATE PUBLIC PROSECTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001, THROUGH JEEVANBHEEMANAGAR POLICE, JEEVANBHEEMANAGAR, BANGALORE – 560 017.
.. RESPONDENT (BY SRI ROHITH B.J., HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.300/2019 REGISTERED BY JEEVANBHEEMANAGAR POLICE STATION, BENGALURU, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 7, 8, 9(f), 10 AND 21 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent - State. Perused the records.
2. Petitioner is arraigned as accused No.2 in Crime No.300/2019 registered by the respondent - Police for the offence under Sections 10, 7, 21, 9(F) and 8 of POCSO Act, 2012.
3. Brief facts of the case are that petitioner was working at Seventh Day Adventist School situated near Manipal Hospital, Bengaluru. Her husband was also working as Mathematics teacher in the said school. The allegations are that husband of the petitioner was often touching the private parts of the girls who are studying in the said school. The same was informed to the Principal and also other members of the said school and in spite of that, no action has been taken. Therefore, complaint came to be lodged in this regard and police have registered a case. The allegation against this petitioner is that she being the wife of accused No.1, knowing fully well the conduct of accused No.1 and in spite of complaint against her husband, she influenced the parents of the children not to lodge any complaint against her husband. Except that, there is no allegation so far as this petitioner is concerned. The offence alleged against the petitioner is not either punishable with death of imprisonment of life. She has already been arrested and interrogated by the police. The fact that presently she is in judicial custody indicates that she is no more required for further investigation.
4. Under the above said facts and circumstances, petitioner is entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.300/2019 of Jeevan Bheemanagar Police Station for the alleged offences, subject to the following conditions:
(i) The petitioner shall execute her personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against her is disposed of.
Sd/- JUDGE PKS