IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.3821/2019 BETWEEN N. RAJANNA S/O NINGAPPA AGED ABOUT 58 YEARS WORKING AS PE TEACHER AT GOVT HIGHER PRIMARY SCHOOL K.CHATTANAHALLI VILLAGE AND POST TARIKERE TALUK, CHIKKAMAGALURU DISTRICT AND R/AT 1ST CROSS BANASHANKARI BADAVANE DORANALU POST, TARIKERE TALUK CHIKKAMAGALURU DISTRICT-577 228 (BY SRI. CHETHAN A. C., ADVOCATE) AND STATE OF KARNATAKA BY BIRUR POLICE CHIKKAMAGALURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX ... PETITIONER BENGALURU-560 001 ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.29/2019 OF BIRUR POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 354A(1)(i) OF IPC, SECTION 9(f), 9(m), 10 OF POCSO ACT AND SECTION 3(1)(w) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER A case has been registered against the petitioner in Crime No.29/2019 for the offences punishable under Sections 354(1)(i) of IPC and also under Sections 9(f)(m) and 10 of POCSO Act, 2012 and also under Section 3(1)(w) of SC & ST (Prevention of Atrocities) Amendment Act, 2015 by respondent-Birur Police, which is now pending on the file of Additional District and Sessions court, Chikmagalur District.
2. Though the notice ordered to be issued through the Police Sub-Inspector to the complainant is said to have been served, the complainant remained absent. Learned HCGP produced the police acknowledgement dated 17.06.2019, to show that Notice was served on the complainant.
3. The brief factual matrix of the case is that, the petitioner was working as a teacher in a Government Higher Primary School at K. Chattanahalli, Tarikere Taluk, Chikkamagaluru District. The victim girl-Kum. Jyothi daughter of Srikanthabhovi, aged 11 years was studying in 6th standard. It is alleged that, on 20.09.2019 at about 13.00 hours, the petitioner, who was working as a Physical Education Teacher (for short, P.E. Teacher) called the victim girl and pinched her back and thigh parts. She informed the same to her parents. But they did not take care to file any complaint in that regard. However, the mother of the victim girl went to Head Master of the said School and complained against the said P.E. Teacher. The Head Master after verifying the matter found that the said allegations are true and thereafter, he lodged a complaint against the petitioner making the said allegations. During the course of investigation, the police have also recorded the statement of the victim girl. Though the victim girl has reiterated the same, but stated that, her mother was reluctant to lodge any complaint, on the other hand she has taken Transfer Certificate of the victim girl from the said school.
4. In the above facts and circumstances of the case, there is no material to show as to what is the relationship between the petitioner and the Head Master and as to why there is a delay of more than six days in lodging the complaint, though immediately the incident was informed by the victim girl to her parents. The delay in fact has not been properly explained in the complaint itself. Further added to that, in a similar set of facts and circumstances, this court in Criminal Petition No.3822/2019 vide order dated 24.07.2019, enlarged the petitioner therein on the same allegations. In that case also, the petitioner therein was working as a P.E. Teacher and he had misbehaved with two girls. Undoubtedly, 161 statement of the victim girls were recorded and they reiterated the same allegations. Looking to the facts of the above said case, therein, the investigation has been completed and the charge sheet was filed and as well the petitioner was very much available to the investigation and further he is a Government Servant and he cannot escape from the clutches of law. In the case on hand, the same set of circumstances as that of the above referred case are available and apart from that, in this case, there is a long delay in lodging the complaint.
5. Looking to the factual aspects of this case, there is no allegation as such that the petitioner knew that the victim girl belonged to SC/ST caste and only on the ground that she belonged to SC/ST, he acted in such a manner. In the absence of such factual aspects, in my opinion, it is doubtful whether the offence under SC & ST (POA) Act is attracted or not. In the above circumstances, there is no impediment for this court to exercise powers under Section 438 of Cr.PC..
6. The petitioner is a Government servant and he is still working as a P.E. Teacher and he undertakes to assist the investigation and he would not hamper the investigation or tamper the prosecution witnesses and he would be readily available to the police as and when required and he is ready to execute the bond as directed by this court and abide by any of the conditions imposed by this court. Therefore, the petition deserves to be allowed. Hence, the following order:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No. 29/2019 of Birur Police Station, Chikkamagalur, on following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a 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 concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Chikkamagaluru District without prior permission of the Court, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*