ALI V.U. Vs. THE STATION HOUSE OFFICER

JUDGEMENT

(1.) The petitioner herein seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.173/2016 of the Hosdurg Police Station registered under Section 75 of the Juvenile Justice (Care and Protection of Children) Act (for short, 'the J.J.Act'). He is the sole accused in the crime.

(2.) The petitioner is the victim's teacher at the Madrassa. It will have to be examined whether the alleged assault was made by the petitioner, with the object of harassing the juvenile, or with the object of correcting him as a student. Immediately after getting information from the Child Line, a complaint happened to be made against the petitioner.

(3.) This application for pre-arrest bail is opposed by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that if the accused is now released, he will definitely obstruct the proper and effective investigation.