Karnataka High Court
Manjunath v. State of Karnataka
Bench- HON’BLE MR JUSTICE UMESH M ADIGA
CRIMINAL PETITION NO. 3560 OF 2023
Decided On 11-05-2023
Facts of the case-
The petitioner, an assistant teacher at a government primary school in Boragunte village, is accused of sexually harassing minor girl students in grades IV to VI. The incident came to light when villagers informed the Block Education Officer (BEO) about the petitioner’s illegal acts.
The BEO, accompanied by the Child Development Project Officer (CDPO), visited the school and gathered statements from girl students who confirmed the petitioner’s inappropriate behavior, including touching their private body parts, engaging in obscene conversations, and coercing them to touch his private parts.
The BEO filed a written complaint, resulting in the registration of a case under relevant sections of the POCSO Act. The investigation, conducted by a Sub-Inspector, involved recording statements from witnesses, victims, and their guardians. The victims’ statements were recorded before the Senior Civil Judge and JMFC under Section 164 of the Cr.P.C. The investigating officer collected evidence, such as school admission records, to establish the victims’ enrollment.
Upon completing the investigation, the officer filed a charge sheet before the Special Court, namely the First Additional District and Sessions Judge of the FTSC-1 in Tumakuru.
The accused was arrested and has since remained in judicial custody. A bail application was filed, but it was rejected by the learned Sessions Judge. Subsequently, the petitioner has approached the court with the present petition, seeking bail, based on the grounds outlined in the petition.
Relevant Provisions
|
POCSO ACT, 2012 |
Related to |
|
Sec. 8 |
Punishment for sexual assault. |
| Sec. 12 |
Punishment for sexual harassment. |
Judgement
The court, while rejecting the petition, stated that the alleged offenses committed by the petitioner are of a heinous nature. Regardless of his status and position in society, he engaged in the sexual harassment of students in grades IV and V. Teachers, considered revered figures and respected like deities in this country, have had their reputations tarnished by the petitioner’s alleged behavior. Moreover, the actions of the petitioner have caused parents to hesitate in sending their daughters to the school, potentially damaging the students’ names, reputations, and futures. This crime is not just against individuals but against society as a whole. The alleged threats made by the petitioner to sabotage the students’ careers and coerce them into not reporting the incidents cannot be considered a valid reason for a delay in lodging a complaint or for denying bail.
The learned FTSC-I, Tumakuru, in Crl.Misc.No.398/2023, thoroughly deliberated on these matters, including the relevant legal aspects, and subsequently rejected the bail application. Considering the facts and circumstances of the case, the petitioner is not deserving of release on bail.
JUDGEMENT REVIEWED BY ABHAY SHUKLA
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