IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.4750 OF 2019 BETWEEN:
Omkarappa.A, S/o.Neelappa, Aged about 53 years, Teacher, MLA Govt.Model Higher Primary School Nyamathi, R/o.Opp.Police Station, Nyamathi PS, Nyamathi-Village, Nyamathi-Taluk, Davanagere District-577 017. ... Petitioner (By Sri.S.G.Rajendra Reddy, Advocate) AND:
State by Nyamathi Police Station, Davanagere District, Reptd. by SPP, High Court, Bengaluru-560 001. ... Respondent (By Sri.K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.175/2018 of Nyamathi P.S., Davanagere District for the offence p/u/s 8, 10, 12 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/accused under Section 439 of Cr.P.C., praying this Court to release him on bail in Crime No. 175/2018 of Nyamathi Police Station, for the offences punishable under Sections 8, 10, 12 and 21 of the Protection of Children from Sexual Offences Act (hereinafter referred to as POCSO Act for short).
2. I have heard the learned counsel for the petitioner/accused and the learned High Court Government Pleader for the respondent – State.
3. The gist of the complaint is that, the Head Master of the Nyamathi Government Primary School filed a complaint on 01.10.2018 stating that petitioner is working as an Assistant Teacher in the said school. He used to come to the school by consuming alcohol and he used to harass the girl students sexually by touching them inappropriately. This was brought to the notice of the complainant on 24.03.2018, who in turn brought the same to the notice of the SDMC Committee and the BEO. Thereafter, departmental enquiry has been conducted as against the petitioner/accused and he was kept under suspension. Thereafter, a report was given and a complaint was registered.
4. It is the submission of the learned counsel for the petitioner/accused that the petitioner is innocent and he has not committed any offence alleged against him. He is working as an Assistant Teacher in Government Primary School and there is ill will between him and the Head Master regarding misuse of school kitchen food grains and vegetables kept for midday meals in the school. The petitioner objected for the same. In that light, a false case has been registered against the petitioner. He further submitted that, there is a delay of ten months in lodging the complaint. He also further submitted that the enquiry report clearly goes to show that the witnesses who have been examined before the Inquiry Officer have not supported the case and in the enquiry, the allegations have not been proved. He further submitted that there is no evidence to show that the petitioner/accused by consuming alcohol used to sexually harass the girl students. It is his further submission that some of the students who came to be examined, have only stated that in the midst of the class, he used to go out and talk over the phone and he used to abuse the students in filthy language and also used to assault. He further submitted that the students before the inquiry officer say it is only hearsay and their statement is not having any worth to believe the said act. He further submitted that, earlier he has approached this Court under Section 438 Cr.P.C. and the same was rejected and now he is in custody and already charge sheet is filed. The petitioner/accused is not required for investigation. He will abide by any conditions and he is ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that accused being a teacher, used to come to school by consuming alcohol and he used to misbehave with the female students by touching their body and also he used to put his hand on the shoulders of female students. The statement recorded under Section 164 Cr.P.C. also categorically states about the misbehaviour of the petitioner/accused. He further submitted that if the petitioner is released on bail, it will convey a wrong message to the society, being a teacher, the offences committed by him appears to be serious. He may tamper with the prosecution evidence and he may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the contents of the complaint and other material, it would indicate that the allegations have been made by the Head Master and the said allegations have been made after ten months. Be that as it may, even though subsequent enquiry was also held by the Head Master of Government School, Belagutti village, Nyamathi, the students of VI and VII standards have not supported the case of the complainant and even the parents who have been examined have also stated that they have not seen any such act. Though in the statement of the victim girls recorded under Section 161(3) of Cr.P.C. clearly indicates that the petitioner/accused used to harass them sexually by touching them inappropriately and by sitting by the side of them, but in the enquiry they have not supported the case of the complainant and that clear verdict has been given in this behalf for having not committed such offence. Under the said facts and circumstances, this Court is of the opinion that by imposing stringent conditions if the petitioner/accused is enlarged on bail, it would meet the ends of justice.
8. The petition is allowed and the accused/petitioner is ordered to be released on bail in Crime No.175/2018 of Nyamathi Police Station for the offences punishable under Sections 8, 10, 12 and 21 of the POCSO Act, subject to the following conditions :
1. The petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution witnesses directly or indirectly.
3. He shall not leave the jurisdiction of the concerned Court without prior permission.
4. He shall be regular in attending the trial on all the dates of hearing.
5. He shall mark his attendance on the first day of every month between 10:00 a.m to 5:00 p.m till the trial is concluded.
6. He shall not indulge in similar type of criminal activities during the pendency of the trial.
Sd/- JUDGE Mgn/-
CT:RG