PANDURANGAPPA B.P. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by the petitioner/accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent -police to release the petitioner on bail in the event of his arrest for the alleged offences punishable under Section 354(A), 504, 506 of IPC and under Section 8 of Protection of Children from Sexual Offences Act, 2012, registered in respondent -police station in Crime No. 124/2013.

(2.) BRIEF facts of the prosecution case as per the averments made in the complaint are that on the basis of written complaint lodged by Rekha, D/o Lakshmanappa, the respondent -police have registered N.C.R. No. 152/2013 on 11.11.2013 against the petitioner. Subsequently, again based on a written complaint lodged on 11.11.2013, the respondent -police registered a case in Crime No. 124/2013 for the alleged offences and it is alleged in the complaint that complainant Rekha is studying Arts in Government P.U. College at Pattanayakanahalli Village, Sira Taluk. That on 07.11.2013 at about 10.00 a.m. when the complainant, was in the class room with her friends Poornima and Sunitha, a girl by name Amrutha -II year PUC student came there and told that Principal is calling them to his office. Accordingly, the complainant went to the office room along with her friend Poornima. On seeing them, the petitioner has asked the complainant as to why they are doing galata in the class room, when the complainant denied, the petitioner has abused the girls using filthy language. Further the petitioner has told that she will be sent out of college by issuing T.C. at that time, the complainant was subjected to sexual harassment in the presence of another girl by name Poornima. In order to escape from him, the victim came out of the office room. On the basis of the complaint case has been registered for the alleged offences against the petitioner.

(3.) LEARNED senior counsel for the petitioner during the course of his arguments submitted that regarding the alleged incident dated 07.11.2013, firstly, the complaint was made on 11.11.2013 and it was made as N.C.R. No. 152/2013, again on the same day i.e., on 11.11.2013 the complainant made another compliant in respect of the same incident said to have been taken place on 07.11.2013. Hence, the learned senior counsel made the submission that it goes to show that the present petitioner has been falsely implicated in the case and also made the submission that even on 11.11.2013 again there is one more complaint made making the improvement of the allegations against the petitioner/Principal of the college. Hence, he submitted that when the matter has already been considered by the police and N.C.R. report was also submitted stating that there is no case at all, subsequently, with an intention to falsely implicate the petitioner, the complaint has been made. Hence, the learned counsel submitted that he being the Principal of the college he has to face the situation this type of false allegations. Now he is having apprehension of his arrest at the hands of the respondent -police and learned senior counsel submitted that by imposing any reasonable conditions, petitioner may be admitted to bail.