- 1 - NC: 2025:KHC:5369 CRL.P No. 14240 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14240 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: T N MANJUNATHA S/O LATE THIPPANNA, AGED ABOUT 53 YEARS, R/AT BOYS GOVERNMENT SCHOOL QUARTERS, ATTIBELE TOWN, ANEKAL TALUK, BENGALURU DISTRICT-562 107. …PETITIONER (BY SRI. C.H.HANUMANTHARAYA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ATTIBELE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. SMT. UMA B W/O VEERESH B, AGED ABOUT 25 YEARS, R/AT KABBERA, ONI KARATAGI, KOPPAL DISTRICT-583 229. PRESENTLY R/AT NISARGA PG, CHANDRAPURA, ANEKAL TALUK, BENGALURU DISTRICT-560 099. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1 AND R-2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5369 CRL.P No. 14240 of 2024 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.459/2024, REGISTERED WITH THE ATTIBELE POLICE STATION ON 21.11.2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352 OF BNS, 2023 AND SECTION 8 AND 12 OF POCSO ACT, WHICH IS NOW PENDING ON THE FILE OF LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1, BENGALURU RURAL DISTRICT, BENGALURU. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, THIS DAY, PRONOUNCED THE FOLLOWING: DATE OF RESERVED THE ORDER : 25.01.2025 DATE OF PRONOUNCEMENT OF THE ORDER : 06.02.2025 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ CAV ORDER Petitioner/sole accused in Crime No.459/2024 of Attibele Police Station, Bengaluru, registered for offences punishable under Section 8 and 12 of POCSO Act, 2012 and Section 352 of BNS, 2023 has preferred this petition under Section 483 of BNSS, 2023, to enlarge him on bail. - 3 - NC: 2025:KHC:5369 CRL.P No. 14240 of 2024 2. Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record. 3. Brief facts of the case:- On 21.11.2024, Smt.Shyamala, a resident of Attibele, contacted the child helpline, and call was received by one Madan. During the call, Smt.Shyamala reported that Manjunatha, the petitioner, who was employed as a Government School teacher in Attibele, had allegedly been engaging in inappropriate conduct with her daughter. Acting on the said information, Madan relayed the complainant to the District Child Protection Officer (DCPO). Subsequently, the defacto complainant, accompanied by several social workers, proceeded to the school premises. Upon inquiry, the victim, a 13 year old student in the VII Standard, disclosed that on 15.11.2024, around 3.00 p.m., the accused had called her to the vicinity of the bathroom under the pretext of giving her a sweet (chikki) and touched her inappropriately. Further, five other girls of VII - 4 - NC: 2025:KHC:5369 CRL.P No. 14240 of 2024 standard also reported similar incidents, wherein the accused allegedly lured them with sweets and small monetary incentives, such as Rs.5/- for snacks, and subsequently engaged in inappropriate touching and also watching them when they were going to toilet, abusing them using foul language etc. 4. Based on a complaint lodged by the Legal Probation Officer of DCPU, Anekal Taluk, aforementioned crime was registered against the petitioner. 5. Petitioner came to be arrested on 21.11.2024 and he is in judicial custody. His bail petition has been rejected by the learned Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, in Crl.Misc No.2585/2024 dated 07.12.2024. 6. Firstly, it is contended by the learned counsel for petitioner that the procedure contemplated under law while arresting the petitioner was not followed. Petitioner was arrested on 21.11.2024 at 8.30 p.m., and prior to his arrest notice was issued to him without mentioning the - 5 - NC: 2025:KHC:5369 CRL.P No. 14240 of 2024 place and time to appear before the I.O. Further, within two hours of service of notice, petitioner was arrested, without assigning the grounds of arrest. Only on the next day i.e., on 22.11.2024, petitioner was served with grounds of arrest, which is against the mandate of Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another, (2022) 10 SCC 51 and Arnesh Kumar v. State of Bihar and another (2014) 8 SCC 273. 7. The learned counsel has also relied on other judgments of the Hon’ble Apex Court and this Court on the above legal position and contended that non-compliance with Section 41 of Cr.P.C., (Section 35 of BNSS, 2023) shall inure to the benefit of the accused. 8. Secondly, the learned counsel has contended that the petitioner is innocent and he has been falsely implicated in the case, with an ulterior motive at the behest of the persons who are on inimical terms with him. The petitioner is having 20 years of experience as a - 6 - NC: 2025:KHC:5369 CRL.P No. 14240 of 2024 Government teacher and till this point there is no black mark against him. He has won many awards including State award. Vague allegations are made against him and some of the alleged victims have denied the allegations. In view of Registration of case, he has been suspended. He has two daughters of young age; one among them is suffering from complete disability and another pursuing her graduation. If the petitioner is not enlarged on bail, his entire family members will suffer. He is ready and willing to abide by any conditions and will undertake to cooperate with the investigation. Accordingly, he has sought to release the petitioner on bail. 9. per contra, learned Additional SPP has filed statement of objections and vehemently opposed the prayer for bail. She contended that notice was issued to the petitioner prior to arrest and later arrest memo was also issued. Even otherwise, defective investigation if any or due to such lapse, benefit should not be given to the accused. The offence committed by the petitioner is - 7 - NC: 2025:KHC:5369 CRL.P No. 14240 of 2024 heinous in nature and non-bailable. The Hon’ble Apex Court in Ganesan V. State (2020) 10 SCC 573 has noted that the statement of prosecutrix if found worthy of credence, then on her sole testimony, Court may convict the accused. The victims have given their statements under Section 164 of Cr.P.C., (Section 183 of BNSS, 2023) which reveals the alleged heinous act committed by the petitioner. Hence, there is a prima facie case and if the petitioner is enlarged on bail, he may threaten the prosecution witnesses. Therefore, she has sought to reject the petition. 10. Petitioner was arrested on 21.11.2024 at about 9.00 p.m., as per arrest memo dated 21.11.2024. Prior to his arrest a notice was issued to him to appear before the Investigation Officer on the same day. The Apex Court in Arnesh Kumar (Supra) has made it clear while referring to Section 41(1) of Cr.P.C., that a police officer is required to issue notice directing the accused to appear before him at a specified place and time. However, the police notice does - 8 - NC: 2025:KHC:5369 CRL.P No. 14240 of 2024 not indicate the same. Though the arrest was made on 21.11.2024, grounds of arrest are not mentioned. This Court finds from the material on record that the grounds of arrest were furnished on 22.11.2024, on which day, petitioner was produced before the learned Magistrate and remanded to judicial custody. 11. The punishment prescribed for the alleged offences are below 7 years, maximum being imprisonment for 5 years under Section 8 of the POCSO Act. The allegations are that the petitioner was misbehaving with the minor girl students, abusing them etc. The statements of five victims are recorded under 183 of BNSS, 2023. Two of the alleged victims have denied the allegations. 12. Petitioner is in judicial custody from 22.11.2024. It is stated that he has been suspended from service. Statements of the victims are already recorded. Investigation is completed and charge sheet is filed. Considering the entire facts and circumstances, petitioner - 9 - NC: 2025:KHC:5369 CRL.P No. 14240 of 2024 can be admitted to bail by imposing conditions. Accordingly, the following: ORDER (i) Petition is allowed. (ii) Petitioner/sole accused in Crime No.459/2024 of Attibele Police Station, Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses/victims. 4. He shall appear before the trial Court regularly on all dates of hearing, - 10 - NC: 2025:KHC:5369 CRL.P No. 14240 of 2024 unless exempted from appearance for genuine reasons. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 1 Ct:ar