Karnataka High Court Grants Bail To PT Teacher Charged Under POCSO Act For Misbehaving With Student

A single judge bench of Justice H.P. Sandesh allowed the petition filed by N.R. Sugandaraju, aged about 55 years.

It is alleged by the prosecution that the accused a PT teacher misbehaved with a student who is studying in 10th standard and he had indulged in the same act when she was in 8th and 9th standard also. When the victim girl was unable to tolerate the act of this petitioner, a complaint was given to the Principal of the school and in pursuance of the said complaint, the Principal of the school had lodged the complaint and case has been registered.

It was argued by the petitioner's counsel that there was a delay in lodging the complaint and afterthought, only a false complaint is lodged. it was further stated that the investigation has already been completed and the petitioner has been in custody from last two months, while the maximum punishment for the said offence is five years.

The prosecution submitted that the complainant immediately had not lodged the complaint. When the victim girl brought to the notice of the friends, the friends told her to lodge a complaint with the Principal and accordingly the complaint was lodged and 164 statement of the victim was also recorded before the court wherein also she has reiterated the very act of the petitioner.

Court findings:

Noting that the punishment provided for the said offence is for a period of maximum five years and that the petitioner is in custody from last two months and investigation has already been completed and charge-sheet is also filed, the Court said there is no need of custodial trial and the matter requires to be decided in trial.

It added, "Hence, it is appropriate to exercise the powers under Section 439 of Cr.P.C. with conditions." Accordingly, the court granted bail to the accused on execution of a personal bond of Rs 2 lakh with two sureties for the like amount. The court also imposed certain other conditions on the accused.

Case Title: N.R. Sugandaraju v. State of Karnataka

Case No: CRIMINAL PETITION NO.2917/2022

Citation: 2022 LiveLaw (Kar) 168

Date of Order: 17TH DAY OF MAY, 2022

Appearance: Advocate I.S PRAMOD CHANDRA for petitioner; Advocate K.S. ABHIJITH, HCGP FOR R-1; Advocate M. SOMASHEKHARA, FOR R-2

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