- 1 - HC-KAR NC: 2025:KHC-D:18157 CRL.P No. 104762 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104762 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MALATESH URF MANTESH S/O. DYAMAPPA RANASOTA URF LAMANI, AGE. 32 YEARS, OCC. TEACHER, R/O. NUKAPUR, TQ. RANEBENNUR, DIST. HAVERI-581115. …PETITIONER (BY SRI. ABHINANDAN M.G., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH GUTTAL POLICE STATION, HAVERI. 2. KAVITA W/O. BASAVARAJ DAPPER, AGE. 38 YEARS, OCC. HOUSE WIFE, R/O. GUTTAL VILLAGE, HAVANUR ROAD, VALMIKI NAGAR, TQ. HAVERI, DIST. HAVERI-581108. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SPL.SC.NO.99/2025, PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, AT HAVERI, BY ALLOWING THIS BAIL APPLICATION FILED UNDER SECTION 483 OF BNSS, FOR THE ALLEGED OFFENCES UNDER SECTION 78(1) OF BNS AND UNDER SECTION 8, 10 AND 12, 17 AND 21(2) OF POCSO ACT, 2012 AND ETC.,. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18157 CRL.P No. 104762 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.134/2025 of respondent- police for the offence under Section 78(1) of the 1Bharatiya Nyaya Sanhita, 2023 and Sections 8, 10, 12, 17, 21(2) of the 2Protection of Children From Sexual Offences Act, 2012. Brief facts of the case: 2. The case of the prosecution is that the petitioner/accused No.1 is working as a teacher in R.K. English Medium School situated at Guttal village of Haveri Taluka. It is alleged that, he has touched the victim inappropriately, as a result of which, the victim was unhappy and she was refusing to go to school. On enquiry, 1 (for brevity, ‘BNS’) 2 (for short, POCSO) - 3 - HC-KAR NC: 2025:KHC-D:18157 CRL.P No. 104762 of 2025 the victim has narrated the incident to her parents, in such a way as stated supra. Hence, the complaint. 3. Upon the said complaint, the respondent police have registered the case and conducted investigation. After the investigation, the charge sheet came to be submitted against the petitioner for the aforesaid offences. 4. Heard Sri. Abhinandan M Gundawade, learned counsel for petitioner and Sri Praveen Y Devareddiyavar, learned High Court Government Pleader for respondent No.1-State. 5. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences. The allegations made against the petitioner are bald and baseless. It is further contended that a case has been registered against the petitioner only in order to defame the petitioner in the Society. 6. It is further submitted that the petitioner is having good reputation not only in the school, but also, - 4 - HC-KAR NC: 2025:KHC-D:18157 CRL.P No. 104762 of 2025 public at large. By making such allegations against the petitioner forcing him to undergo depression. No other students in the said school have made such complaint against the petitioner. The complaint filed against the petitioner is nothing but a malicious prosecution. Hence, the petitioner may be enlarged on bail by imposing suitable conditions in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays that the petition be allowed. 7. Per contra, the learned High Court Government Pleader for respondent No.1–State vehemently submitted that the petitioner being a English teacher has committed heinous offence against the victim who is the student of the school. The victim, being frustrated by the act of the petitioner, she was refusing to go to school. When the parents of the victim asked her why she refused to go to school, she narrated the fact to her parents, then, they took necessary step to lodge a complaint. Therefore, it is appropriate to reject the petition in order to boost the - 5 - HC-KAR NC: 2025:KHC-D:18157 CRL.P No. 104762 of 2025 morale of the victim in particular and also student at large. Making such submissions, learned HCGP for respondent – State prays to reject the petition. 8. Having heard learned counsel for the respective parties and on perusal of the averments of the charge sheet, though, it appears that there are some serious allegations made against the petitioner that he had committed sexual assault on the victim, the fact remains that neither the school authority nor any other students have spoken about the said incident. Mere making allegations against the teacher of the school by the victim is not sufficient to hold that the petitioner has committed offences as alleged in the complaint. If such allegations were to be accepted as true, no teachers would come forward to work in the girls school. The Investigating Officer ought to have conducted the investigation properly before filing the charge sheet. 9. In the light of the observations made above, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:18157 CRL.P No. 104762 of 2025 ORDER i. The petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.134/2025 of respondent- police for the offence under Section 78(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8, 10, 12, 17, 21(2) of the Protection of Children From Sexual Offences Act, 2012, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. iv. The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:18157 CRL.P No. 104762 of 2025 v. The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE ASN/CT: UMD List No.: 1 Sl No.: 3