FAKIRAPPA GALAPPA ANAWAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and learned Additional State Public Prosecutor for respondent-State. Perused the records. One Maruti Beemarao Kumbar of Eli Munavalli, Ramadurga taluk, has filed a complaint against the petitioners. The complainant's daughter by name Shivani, aged about four years was studying in Shree Shiva yogeshwara Convent Kannada School. Petitioner No. 1 was working as Head Master and petitioner No. 2 as Assistant Master in the said school. It is alleged that on 25.09.2013 during lunch hour these petitioners have took the victim girl to their chambers and sexually harassed the said girl by putting their fingers into private part of said girl. On the same day at about 6.30 p.m. Shivani's mother after seeing her daughter being not cheerful has enquired and came to know about the incident. On these allegations a complaint came to be lodged.

(2.) The learned Counsel for petitioners has brought to my notice that on 27.09.2013 the complainant has voluntarily given one more statement before police stating that they have actually not made any allegations against the petitioners, but under misconception they have made such allegations against petitioners. In the said statement he has stated that his daughter has sustained injury to her private part while playing and that they have not given any statement before the Doctor making allegations against these two petitioners. He has further stated that the victim girl was aged about four years and she cannot understand anything, and therefore, by misunderstanding the teachers, a misconceived complaint came to be lodged against them.

(3.) Subsequently, on 06.10.2013 he has made another statement repeating allegations made by him, at the first instance, while lodging the FIR. He requested the police to take action against the petitioners. It appears that, on 06.10.2013 police went to school and recorded the statements of some of the witnesses, particularly the school teachers, who were working in the said school. They have stated that on the date of incident the said girl was taken by the petitioners to their chambers and after some time she came back from said room and thereafter she was not cheerful in the school and for sometime she was sleeping in the school. On these allegations, the petitioners were arrested on 08.01.2014 and since then they are in judicial custody.