IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.8369/2018 BETWEEN :
Omkarappa S/o Neelappa Aged about 46 years Teacher, Govt. Model Higher Primary School Nyamathi Village, Nyamathi Taluk Davanagere District-577 017.
(By Sri S.G. Rajendra Reddy, Advocate) AND :
State by Nyamathi Police Station Davanagere District Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Sri M.Divakar Maddur, HCGP) … Petitioner … Respondent 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.175/2018 of Nyamathi Police Station, Davanagere District, for the offences punishable under Sections 8, 10 and 12 of POCSO Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by the accused under Section 438 of Cr.P.C. praying to release him on anticipatory bail in Crime No.175/2018 of Nyamathi Police Station for the offences punishable under Sections 8, 10 and 12 of POCSO Act.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that the Head Master of the School filed the complaint on 1.10.2018 stating that the petitioner is working as Assistant Teacher. He used to come to the School by consuming alcohol and used to harass the female students sexually by touching them inappropriately. It was brought to the notice of the complainant on 24.3.2018 who in turn brought to the notice of the Committee and 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 has been registered.
4. It is the submission of the learned counsel for the petitioner-accused that the petitioner is innocent and has not committed any offence. He is working as an Assistant Teacher and as the Head Master and others misused kitchen food-grains and vegetables kept for midday meals in the school and as the same was objected by the petitioner, a false complaint has been registered against the petitioner. He further submitted that there is a delay of 10 months in lodging the complaint. He further submitted that in the enquiry report so many witnesses have not stated anything about the alleged incident before the Enquiring Authority. He further submitted that 7th class students came to be examined before the Enquiry Officer and they have only stated that the petitioner-accused used to come to school by consuming alcohol and in the midst he used to go out and talk over the phone. He used to abuse the students in filthy language. He further submitted that even the parents who have been examined have stated before the Investigating Officer, but their say is only hear say. He further submitted that the victim witnesses have not stated anything against the petitioner-accused. He further submitted that the petitioner-accused is a Government Servant and if he is taken to custody, he may lose his job. Petitioner is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition by granting anticipatory bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner-accused being a teacher used to come to school by consuming alcohol and he used to misbehave with the female students and even the statement of the female students have been recorded under Section 164 of cr.P.C. wherein they have categorically stated that the petitioner used to misbehave with them. He further submitted that the enquiry report which has been given, has also given positive result and on the basis of the said report, complaint came to be registered. He further submitted that if the petitioner is released on bail, he may abscond and 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 there is allegation as against the petitioner that he used to misbehave with the female students and even the statement of the victim girls recorded under Section 164 of Cr.P.C. also clearly indicates that the petitioner used to misbehave with them by sitting by the side of them. The said statement of witnesses corroborates the contents of the complaint and other material. Under such facts and circumstances, when the petitioner is involved in an offence of sexual assault against the female students in the school which is a serious offence, the Court cannot ignore such facts. When the land start eating the gross, then under such circumstances, nobody can help. Under such circumstances, I feel that this is not a fit case to exercise the power under Section 438 of Cr.P.C. and release the petitioner on anticipatory bail.
In that light, petition is dismissed.
However, the observations made during the course of this order, shall not come in the way of the petitioner surrendering himself and apply for regular bail before the trial Court. If such an application is filed by the petitioner, the trial Court shall expedite the same.
Sd/- JUDGE *ck/-