Case Note & Summary
The petitioner, Sri Sugandaraju N.R., filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in Crime No.49/2020 registered by Magadi Police Station, Ramanagara District, for offences punishable under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The petitioner was working as a teacher at Kittur Rani Chennamma Residential School, Hulikatte Hobli, Magadi Taluk. The second respondent, Hasina Taj, was the Principal of the same school. The case arose from a complaint filed by the second respondent alleging that the petitioner had sexually assaulted a minor girl student by touching her breast, pressing it, and attempting to remove her dress, and also used vulgar language and made sexual gestures towards her. The petitioner had previously filed an application for anticipatory bail before the learned I Additional District and Sessions Judge, Ramanagara, in Crl.Misc.No.204/2020, which was rejected on 10.06.2020. Hence, the present petition was filed before the High Court. The court considered the submissions of the learned counsel for the petitioner, Ms. Raksha Keerthana K., and the learned High Court Government Pleader (HCGP) for respondent No.1, Sri Vinayaka V.S. The court examined the allegations in the complaint and found that they were vague and did not prima facie constitute the offences under Sections 8 and 12 of the POCSO Act. The court noted that the allegations of touching and pressing the victim's breast and attempting to remove her dress did not prima facie establish sexual assault under Section 8, as the act was not with sexual intent. Similarly, the allegations of using vulgar language and making sexual gestures were vague and did not specify the words used or gestures made, thus not prima facie establishing sexual harassment under Section 12. The court held that custodial interrogation of the petitioner was not required and that the petitioner was entitled to anticipatory bail. The court allowed the petition and granted anticipatory bail to the petitioner subject to certain conditions, including executing a personal bond of Rs.1,00,000 with one surety, appearing before the Investigating Officer as and when required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Grant of Bail - Petitioner sought anticipatory bail in Crime No.49/2020 for offences under Sections 8 and 12 of POCSO Act - Court considered the nature of allegations, which were vague and did not prima facie constitute sexual assault or sexual harassment - Held that custodial interrogation was not required and petitioner was entitled to bail subject to conditions (Paras 6-8). B) POCSO Act - Sexual Assault - Section 8 - Prima Facie Case - Allegations of touching and pressing of victim's breast and attempting to remove her dress - Court found that the allegations did not prima facie establish sexual assault under Section 8 as the act was not with sexual intent - Held that the ingredients of Section 8 were not made out (Para 6). C) POCSO Act - Sexual Harassment - Section 12 - Prima Facie Case - Allegations of using vulgar language and making sexual gestures - Court noted that the allegations were vague and did not specify the words used or gestures made - Held that the ingredients of Section 12 were not prima facie established (Para 6).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 of Cr.P.C. for offences under Sections 8 and 12 of the POCSO Act, 2012, given the nature of allegations and the absence of custodial interrogation requirement.
Final Decision
The petition is allowed. The petitioner is granted anticipatory bail in Crime No.49/2020 of Magadi Police Station for offences under Sections 8 and 12 of POCSO Act, subject to conditions: executing a personal bond of Rs.1,00,000 with one surety, appearing before the Investigating Officer as and when required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Law Points
- Anticipatory bail
- POCSO Act
- Section 438 CrPC
- prima facie case
- sexual assault
- sexual harassment
- custodial interrogation
