Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Accused Not Entitled To Copies Of 'Unrelied' Upon Documents At The Stage Of Framing Of Charges Under Section 91 CrPC: Supreme Court Elected Representatives Have No Privilege To Resort To Violence; Criminal Antecedents Are Material For Bail Adjudication: Supreme Court Mere Absence Of Transport Documents Does Not Create A Presumption Of Violation Of Chhattisgarh Agricultural Cattle Preservation Act, 2004: Supreme Court Section 396 IPC | Conviction For 'Dacoity With Murder' Requires Proof That Murder Was Committed In The Course Of Dacoity: Allahabad High Court 'Developers Cannot Delay Conveyance For Eternity And Milk Additional FSI Benefits': Bombay High Court Upholds Societies' Deemed Conveyance Pre-Approval Statutory Dues Stand Extinguished Upon Approval Of Resolution Plan; GST Authorities Cannot Initiate Fresh Proceedings: Calcutta High Court Unregistered Agreement To Sell With Delivery Of Possession Is Admissible In A Suit For Specific Performance: Delhi High Court Stigmatic Order Discharging Probationer Without Inquiry Is Void For Violation Of Natural Justice: Gujarat High Court Execution Proceedings | Court Cannot Impose Arbitrary Financial Conditions Without Reason In Stay Applications: Himachal Pradesh High Court Section 528 BNSS | High Court Cannot Exercise Inherent Powers To Circumvent Statutory Bar Against Second Revision: Delhi High Court Advocate Empanelment | Restriction On Multiple Applications Is A Procedural Choice Within Employer’s Domain: Delhi High Court Acquittal Appeal | Double Presumption Of Innocence In Favour Of Accused Cannot Be Disturbed Merely Because Another View Is Possible: Gujarat High Court SC/ST Act | Offence Under Section 3(1)(g) Not Attracted If Dispossession Or Interference Is Not Due To Victim's Caste: Himachal Pradesh High Court Judicial Officer Must Maintain Distance From Practicing Advocates To Avoid Impropriety: Gujarat High Court Upholds Dismissal Section 183 BNSS | Investigating Officer Cannot Independently Record Further Statement Of Victim After Recording Before Magistrate: Karnataka High Court Non-Production Of Case Property And Missing Link Evidence In Seizure Cases Vitiates Prosecution: Himachal Pradesh High Court Employees Compensation Act | Death Due To Cardiac Arrest During Employment Is An 'Accident' Arising Out Of Stress And Strain Of Duty: J&K High Court Transfer Of Proceedings | Courts Must Issue Fresh Notice To Parties Even If They Had Appeared Before The Transferor Court: Kerala High Court Sets Aside Ex-Parte Award Section 80P(4) IT Act Does Not Deny Deduction To Regional Rural Banks As They Retain The 'Deemed Co-operative Society' Status Under Section 22 RRB Act: Madras High Court Property Purchased In Name Of Child For Family Benefit Is Not A 'Benami Transaction' Under Section 2(9) Of The 1988 Act: Madhya Pradesh High Court Person Without Caveatable Interest Cannot Challenge Will Or Seek Revocation Of Probate: Madras High Court Divorce | Cruelty Must Be Assessed By Cumulative Effect Of Matrimonial Conduct Rather Than Isolated Incidents: Orissa High Court Merely Labeling Insurance Policy As Comprehensive Does Not Create Unlimited Liability: MP High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Limitation Bar Is Apparent From Face Of Pleadings: Patna High Court Limitation Act | 'Sufficient Cause' Cannot Be Used To Revive Stale Or Dead Claims By State: Orissa High Court Quashes Order Condoning 53-Year Delay Employee Cannot Remain Dormant Like Rip Van Winkle & Awaken At Convenience: Punjab & Haryana High Court Dismisses Stale Service Plea With ₹25K Cost Section 29 NDPS Act | Mere Allegation Of 'Cooperation' Without Specific Overt Acts Cannot Sustain Charge Of Conspiracy: Rajasthan High Court Forest Land Status Does Not Extinguish Private Civil Title: Punjab & Haryana High Court Upholds Decree For Possession Once Admitted In Evidence, Document Cannot Be De-Marked On Grounds Of Insufficiency Of Stamp Duty: Telangana High Court Section 190 BNSS | Mere Presence In Unlawful Assembly With Active Intent Renders Member Vicariously Liable For Homicidal Act: Punjab & Haryana High Court Contributory Negligence Under Motor Vehicles Act Cannot Be Inferred Without Cogent Evidence: Telangana High Court Enhances Compensation Motor Vehicles Act | Section 164 Compensation Of Rs. 5 Lakhs Applicable Even To Pending Claims Arising Prior To 2019 Amendment: Punjab & Haryana High Court Consumer Protection Act | Builder Liable To Pay Interest For Delayed Possession Despite Force Majeure Plea If Agreement Executed Post-Outbreak: State Commission

High Court Rejects Bail Plea in POCSO Case Involving Teacher

07 May 2024 8:19 AM

By: Admin


Bengaluru, 11th May 2023: In a significant development, the High Court of Karnataka dismissed a bail petition filed by C. Manjunath, an assistant teacher accused of sexually harassing minor girl students. The case (Criminal Petition No. 3560 of 2023) was registered under Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act.

The petitioner had been working as an assistant teacher at a government primary school in Boragunte village, Tumkur district, Karnataka. It was alleged that he had been sexually harassing the minor girl students, aged between 8 to 11 years, studying in the same school. The incidents came to light when some villagers informed the Block Education Officer (BEO) about the accused's illegal activities.

Upon receiving the information, the BEO and Child Development Project Officer (CDPO) visited the school, accompanied by the accused. During the visit, several girl students alleged that the petitioner had inappropriately touched them, engaged in obscene conversations, and forced them to touch his private parts. Subsequently, a written complaint was filed with the Badavanahalli police station, leading to the registration of a case (Cr.No.36/2023) under the POCSO Act.

After the petitioner's arrest on 27th March 2023, he was produced before the First Track Special Court (FTSC-I), Tumkur, and has been in judicial custody since then. The bail application filed by the petitioner before the FTSC-I was rejected on 13th April 2023, prompting the filing of the present petition before the High Court.

During the hearing, the petitioner's counsel argued that their client was falsely implicated, citing a lack of previous complaints against him and alleging a conspiracy by the villagers due to a dispute over a petty shop in the school premises. However, the High Court Government Pleader (HCGP) opposed the bail application, emphasizing the heinous nature of the offenses and the threats issued by the petitioner to the victims and their parents/guardians.

Considering the gravity of the offenses and the potential harm caused to the victims and society, the court concurred with the decision of the FTSC-I and rejected the bail application. The court emphasized that the petitioner's actions not only violated the trust placed in teachers but also had far-reaching consequences for the victims' reputation and future.

This judgment serves as a reminder of the strict stance taken by the judiciary in cases involving the sexual harassment of minors and highlights the importance of safeguarding the rights and well-being of vulnerable children.

11th May 2023

C. Manjunath v. State of Karnataka & Thimmaraju

Latest Legal News