Karnataka High Court
Shri.Appasab S/O Vittal Avati vs The State Of Karnataka on 8 August, 2019
Author: K.Somashekar
Bench: K . Somashekar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8 T H DAY OF AUGUST 2019
BEFORE
THE HON'BLE MR. JUSTICE K . SOMASHEKAR
CRL.P NO 101288 OF 2019
BETWEEN
SHRI.APPASAB S/ O VITTAL AVATI,
AGE: 52 YEARS,
OCC: ASSISTANT TEACHER,
M.P.S.GOTHE,
R/O: KANAMADI,
TQ: VIJAYAPUR,
DIST: VIJAYAPUR.
... PETITIONER
(BY SRI. JAGADISH PATI L,ADV.)
AND
1. THE STATE OF KARNATAKA
THROUGH PSI,
SAVALAGI POLICE STATION,
DIST: BAGALK OT,
NOW REP.BY SPP,
HIGH COURT OF K ARNATAKA,
DHARWAD BENCH,
AT: DHARWAD.
2. SHRI.SUBHAS S/ O RAVAJI SAVANT ,
AGE: 50 YEARS,
OCC: TEACHER,
HEAD MASTER M PS SCHOOL GOTHE,
R/O: HONAWAD,
VIJAYAPUR.
... RESPONDENTS
(BY SRI.RAJA RAGHAVENDRA NAIK, HCGP)
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THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER
IN CRIME NO.62/ 2019 REGISTERED BY THE
RESPONDENT SAVALAGI POLICE ST ATION, FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 354A(1)(I),
354D OF I PC AND SEC. 12 OF POCSO ACT, 2012.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. in Savalagi Police Station Crime No.62/2019 for the alleged offences punishable under Sections 354A(1)(I), 354D of Indian Penal Code,1860, besides Section 12 of the POCSO Act, 2012. Since from the date of his arrest the accused is in judicial custody. Therefore, the counsel has prayed to enlarge him on regular bail among the grounds urged in the bail petition.
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2. Heard the learned counsel for the petitioner-accused and so also the learned HCGP for the respondent-State.
3. It is stated in the complaint that the respondent No.2 said to be the complainant and also by avocation as Head Master, who has filed the complaint before respondent No.1-police alleging that accused is said to be an Assistant Teacher at Government Kannada Model Primary School, Ghote for past 9 years. That he was fondle chest of the victim girl, who is aged about 11 years. Because of the allegations made against the petitioner, the Complaint came to be filed by the head Master. Based upon his complaint, the case in crime No.62/2019 came to be registered and thereafter, proceeded with the case for investigation. But, the case is still under investigation by the Investigating Officer in order to laying the charge sheet.
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4. The learned counsel for the petitioner during the course of his arguments has submitted that the material facts said to be recorded by the police in Crime No.62/2019, reveals that the accused was working as Assistant Teacher in Government Kannada Model Primary School, Ghote village, but there is no nexus with the allegation made against this accused. The accused has lugged in this crime alleging that he was fondle the chest of the victim girl, aged about 11 years and being a student, but this complaint has been made by the complainant, who is Head Master only to harass the accused. It is further contended that the accused is in judicial custody since from the date of his arrest. He has suffering with heart ailment; he has taken treatment at Vijayapur and already stunt inserted in his heart at KLE Hospital, Belgaum. Petitioner is only bread earner of his family and he is a law abiding citizen and having deep roots in the society and also having movable and immovable properties at Kanamadi village at :5: Vijayapur. Therefore, consider the grounds in this petition and granting bail to him.
5. Per contra, the learned HCGP for the respondent - State contended that the averments made in the complaint as well as the 164 statement said to be given by the victim before the II Addl. Senior Civil Judge and JMFC, Banahatti, dated 22.06.2019 reveals the accused has committed the alleged offences. The victim has stated in her statement that she was studying in 5th Standard in Government Kannada Model Primary School, Ghote. The accused has said to be an Assistant Teacher, he fondle her chest and gave a kiss to her. Therefore, it appears that there are prima facie materials against the accused and hence prayed to reject the bail petition filed by the accused.
6. However, having gone through the materials available on record and also contention taken by the learned counsel for the petitioner, it :6: is relevant to state that complainant is said to be given by Head Master in the aforesaid Government School. The victim said to be aged about 11 years and also being student of 5th standard. The accused was working as Assistant Teacher for the last 15 years in the aforesaid school, but there are no bad antecedents like fondling of chest and giving kiss to the students against the accused. Besides, the accused is suffering from heart ailment, and also had taken treatment at Vijayapur hospital and stunt has been inserted at KLE Hospital, Belgaum. Therefore, keeping in view the submission made by the learned counsel for the petitioner as well as the ground urged in the bail petition, this court is of the opinion that accused deserves for bail. Whereas, the learned HCGP submits that if the petitioner is supposed to be released on bail, certainly he would come in the way of prosecution case and would destroy the evidence. As this apprehension expressed by the learned HCGP, could be curtailed by imposing :7: certain suitable conditions to safeguard the interest of the prosecution. Therefore, I proceed to pass the following:
ORDER The bail petition filed by the petitioner under Section 439 of the Code of Criminal Procedure is hereby allowed, subject to the following conditions:
(1) The petitioner shall execute a bond in a sum of Rs.1,00,000/- with like sum two sureties to the satisfaction of the court below as where the case in Savalagi P.S. Crime.No.62/2019 is pending.
(2) The petitioner shall not tamper or
hamper the case of prosecution
witnesses.
(3) The petitioner shall mark his
attendance before the jurisdictional police on first week of Sunday between 10 a.m. to 5 p.m. (4) The petitioner shall appear before the court of law on all the dates of hearing without fail.:8:
(5) The petitioner shall not indulge with any other criminal activities henceforth.
If the petitioner violates any of the above conditions, the bail order shall automatically stands ceased.
Sd/-
JUDGE VB/ -