- 1 - HC-KAR NC: 2025:KHC-D:10069 CRL.P No. 102916 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102916 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: Y.B. JOSEPH S/O Y. BALAPPA, AGE. 53 YEARS, OCC. TEACHER, R/O. HOUSE NO.30, GOLDSMITH COLONY, TQ. AND DIST. BALLARI-583 101. … PETITIONER (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BALLARI WOMEN P.S., TQ. AND DIST. BALLARI, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580 011. 2. SMT. SHANTA SHEELAN W/O ANTHONY DAS, AGE. 53 YEARS, OCC. PRINCIPAL, R/O. ST. JOHN’S HIGH SCHOOL, ANTHONY STREET, COWLBAZAR, TQ. AND DIST. BALLARI-583 101. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON ANTICIPATORY BAIL IN CRIME NO.54/2025 REGISTERED BY BALLARI WOMEN P.S., DIST. BALLARI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8 AND 12 OF THE POCSO ACT, ON THE FILE OF THE COURT OF THE COURT OF ADDL. DISTRICT AND SESSIONS COURT, FTSC-I, BALLARI AND ALLOW THE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10069 CRL.P No. 102916 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.54/2025 registered by Ballari Women Police Station, Ballari District for offences punishable under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 3(1)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.54/2025 was registered by Ballari Women Police Station, Ballari District against the petitioner herein initially for offences punishable under Sections 8 and 12 of the POCSO Act based on the first information dated 25.04.2025 received from respondent No.2, who is the Principal of the School in which the petitioner is working as a teacher. - 3 - HC-KAR NC: 2025:KHC-D:10069 CRL.P No. 102916 of 2025 Apprehending arrest in the case, petitioner had filed Criminal Miscellaneous No.376/2025 before the Trial Court which was rejected on 26.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner aged about 53 years has served the institution for a period of nearly 25 years blemishlessly. In the statement of the victim girls recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023, there is no such allegation which would prima facie attract the alleged offences. Investigation of the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that the first informant after receiving complaint from the student had approached the Police alleging that the petitioner had committed alleged offences. Petitioner has not co-operated with the Police for the purpose of investigation. Accordingly, she prays to dismiss the petition. 6. In the first information which is submitted by the Headmaster of the institution, in which the petitioner is working - 4 - HC-KAR NC: 2025:KHC-D:10069 CRL.P No. 102916 of 2025 as a teacher, it is alleged that the some girl students along with their teacher had approached him and brought to his notice that the petitioner who was their teacher had misbehaved with them and had inappropriately touched their chest and other parts of their body. It is alleged that the aforesaid incident has taken place between 01.01.2025 and 20.02.2025. The first information in this regard was filed on 25.04.2025. 7. During the course of investigation, the statement of the alleged victims namely CWs.4 and 5 was recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 by the jurisdictional Magistrate on 06.05.2025 and 20.05.2025 respectively. CWs.4 and 5 have not made any allegation against the petitioner as found in the first information about petitioner inappropriately touching their chest and other parts of their body. They have also not made any such statement that petitioner had committed the alleged acts knowing very well that they belonged to scheduled caste or scheduled tribe category. It is not in dispute that petitioner has been serving as a mathematics teacher in the very same institution for the last nearly 25 years and it is also not in dispute that he has a - 5 - HC-KAR NC: 2025:KHC-D:10069 CRL.P No. 102916 of 2025 blemishless career. Investigation of the case is already completed. The maximum punishment for the alleged offences is imprisonment for a period of five years. The allegation now found against the petitioner is required to be proved in a full fledged trial. Petitioner has undertaken to co-operate before the Trial Court for speedy disposal of the case. He apprehends arrest in the case since the Trial Court after taking cognizance of the charge sheet offences has issued non-bailable warrant against him. Under the circumstances, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly the following: ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.54/2025 registered by Ballari Women Police Station, Ballari District for offences punishable under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 3(1)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC-D:10069 CRL.P No. 102916 of 2025 i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 8