IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 3822/2019 BETWEEN:
N. Rajanna S/o. Ningappa, Aged about 58 years, Working as PE Teacher at Got. 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.
... Petitioner (By Sri. Chethan A.C. Advocate) AND:
State of Karnataka By Birur Police, Chikkamagaluru District, Rep. by State Public Prosecutor, High Court Complex, Bengaluru 560 001.
(By Sri. K. P. Yoganna, HCGP) ... Respondent This Criminal Petition is filed under Section 438 of the Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No. 30/2019 which is pending investigation by the Birur Police, Chikkamagaluru District in Crl.Misc. No.277/2019.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER Notice that was issued to the complainant has been served.
The petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings in Crime No.30/2019 for the offences under Sections 504, 354A (1) (i) of IPC, Section 9 (f) (m) and 10 of the POCSO Act, 2012 and Section 3 (1) (w) of the SC/ST (Prevention of Atrocities) Act, 1989.
2. It is the case of petitioner is that he is a Physical Education Teacher in the Government Higher Primary School at K. Chattanahalli Village, Tarikere Taluk, Chikkamagaluru District. It is stated that a complaint was filed by the President of Vikasana Institution stating that the petitioner had misbehaved with two victim girls inappropriately on 28.12.2018 and 27.02.2019.
3. The case of the prosecution is that on the basis of the said complaint, FIR is registered, investigation is complete and charge sheet has been filed.
4. As regards the offences alleged against the petitioner/accused, the learned counsel for petitioner states that there is discrepancy as regards the date of alleged incident as per 161 statement of the victim and complaint dated 26.03.2019. It is submitted that complaint was filed after an unreasonable delay on 26.03.2019 though the alleged offences are stated to have taken place on 27.02.2019 and 28.12.2018. It is stated that the petitioner and the Headmaster have a strained relationship and complaint is filed by the President of the NGO who is a friend of the Headmaster in order to spite the petitioner.
5. Taking note of the fact that investigation is complete and charge sheet is filed and looking into the nature of offences alleged, the present proceedings cannot be treated to be proceedings for punishment, also taking note of the fact that petitioner is a government servant, petitioner is entitled to be enlarged on bail subject to conditions.
6. In the result, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C., is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.30/2019 for the offences under Sections 504, 354A (1) (i) of IPC, Section 9 (f) (m) and 10 of the POCSO Act, 2012 and Section 3 (1) (w) of the SC/ST (Prevention of Atrocities) Act, 1989 subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.30/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum before the concerned court.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall co-operate with further investigation by appearing before the Investigating Officer as and when he is called upon.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(vi) The petitioner shall not go near the School and hostel premises till completion of the trial.
(vii) Any violation of the aforementioned conditions by the petitioner shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-