IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6035 OF 2018 BETWEEN:
1. Sharath H.H.
S/o Honnappa S D. Aged about 19 years, 2. Honnappa, S/o Late Dhulappa, Aged about 53 years, Both are resident of Siddammaji Hosur, Umblebylu Post, Shivamogga Taluk-577 201. (By Sri.Kalyan .R, Advocate) AND:
State By the Sub-Inspector of Police, Thunganagara Police Station, Shivamogga Rep.by Public Prosecutor Hon’ble High Court of Karnataka At Bangalore-01.
(By Smt.Namitha Mahesh B.G., HCGP) …Petitioners ...Respondent This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Crime No.569/2018 of Tunga Nagar Police Station, Shivamogga for the offence P/U/S 323, 504, 506, 354A, 354B, 353 read with Section 34 of IPC.
This Criminal petition coming on for Orders, this day, the Court made the following:
ORDER Petitioners are accused Nos. 1 and 2 in Crime No.569/2018 of Tunga Nagar Police Station. The said case is registered against the accused for the offences punishable under Sections 323, 504, 506, 354A, 354B, 353 read with Section 34 of IPC on the basis of complaint of Smt.Sharavathi.K.S, Head Master of Government Lower Primary School, Siddamaji Hosuru Village, Shivamogga.
2. It is alleged in the complaint that the first petitioner was drawing vulgar pictures and writing lewd messages against her on school compound wall and notice board and Second petitioner was throwing liquor bottles and narcotic substances in the School compound and both were involved in perverted activities. She further alleged that on 26.01.2018, during Flag Hoisting, in the presence of SDMC President Sri.Rangaswamy, first petitioner abused her in foul language and humiliated her. She further alleged that on 17.01.2018 in the afternoon when first petitioner was summoned to question him about his conduct, accused abused in foul language, assaulted her and criminally intimidated her.
3. It is no doubt true that the offences are not punishable with death or imprisonment for life. But the complaint and the statement of eye witnesses available on records are incriminating against the petitioners. The complainant the sole serving Teacher in the School, states that she suffered due to such perverted activities in the hands of the petitioners for about a year.
4. Petitioners are elusive. The case is still in the investigation stage. Under these circumstances, having regard to the nature of the allegations against the petitioners, material placed and chances of petitioners further intimidating the witnesses, it is not a fit case to grant anticipatory bail. Therefore, petition is dismissed.
Sd/- JUDGE SB/-