Karanataka High Court rejects bail application of Teacher accused in harassing minor girl students

Karanataka High Court rejects bail application of Teacher accused in harassing minor girl students

The Hon’ble Mr. Justice Umesh M Adiga recently rejected the bail application filed U/s 439 Cr.P.C. of accused/teacher in a POCSO Act for sexually harassing a minor School girls considering his acts as heinous and serious in nature and against the society.

BRIEF FACTS OF THE CASE

The accused was a teacher in Government Primary Schools for about 6-7 years prior to the incident and he was sexually harassing the minior girls who are studying in Class IV to VI. It was alleged that he touched their private parts and made them to touch his private parts too. The matter was investigated. Statements were recorded. The accused was arrested and sent for judicial custody. His bail application was rejected by learned trial court and then he approached the High Court in the present case.

CONTENTION OF PETITIONER

The learned counsel for petitioner vehemently contended that the accused is falsely implicated in the case. He is teacher for about 6-7 years. It is due to personal animosity between him and a petty shop owner in School premises, that they have made allegations against him and he is liable for the bail as the crime is not serious and heinous in nature to deny him bail.

CONTENTION OF THE STATE

Learned Opp. Counsel opposed the bail application on the ground that the acts of accused is serious and heinous in nature. The victims are not related to petty shop owners. The villagers will think twice before making such allegation as it relates with honour and right of their minor children. It was also contended that he has done these type of acts with previous students also.

HON’BLE COURT’s OBSERVATIONS

The Hon’ble Court accepted the contentions of learned Government pleader and observed that accused is not innocent according to the statements and facts recorded by the Trial Court and rejected the bail application of the accused while observing as under :-

“The alleged offences are heinous in nature. Mercilessly, without thinking his status and position in society, he has sexually harassed students who were studying in IV and V class. Guru and Teachers are god in this country and treated like a God. However, because of alleged behavior of the petitioner, even the parents think twice about sending of their girl child to the school. It may spoil name, fame and future of the said girl students. It is not a crime against the individual but a crime against a society. Due to the alleged threat of the petitioner,  to spoil the career of the students, so also they were said to be threatened, the students to file a complaint against him and that cannot be a ground for holding that there is a delay in lodging a complaint and on that ground he in not entitled for bail.”

Case Title :- C Manjunath Vs. State of Karnataka

Case no. :- Criminal Petition no. 3560 of 2023

Order date :- 11.05.2023