BELURAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner under Section 439 of the Code of Criminal Procedure in connection with Crime No.65/2019 of Badami P.S. for offences punishable under Sections 354 and 354(A) of the Indian Penal Code, 1860, besides Section 8 of POCSO Act, 2012. Since from the date of arrest, the petitioner is in judicial custody. Therefore, the learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail.

(2.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State. Whereas in this petition notice issued to the informant-complainant is awaited, but the State is represented by HCGP.

(3.) The brief facts of the prosecution case are that on filing of the complaint by the complainant, a case came to be registered for the aforesaid offences and thereafter, the investigation was conducted by the Investigation Officer. The allegations made in the FIR recorded by the Police, it reveals that the accused is working as an Assistant Teacher (English) at Matoshri B.C. Gaddigoudar High School, Hebballi situated within the limits of Badami and the victim girl is studying in 10th standard in the said school. On 04.02.2019 at about 9:00 a.m. when the victim girl was performing pooja to the photographs of Gods in the office, knowing fully well that that victim girl is a minor aged about 16 years 6 months, misbehaved with her by hugging and kissing her and also fondled on her chest and thereby sexually harassed her. Accordingly, on filing of the complaint, a case came to be registered for the alleged offences and thereafter the Investigating Officer taken up the case for investigation and laid the charge sheet against the accused in Spl.C.No.35/2019.