Bail denied for offence committed under POCSO as the matter was pending investigation

Karnataka High Court: While deciding a criminal petition filed under Section 439 of CrPC, a Single Judge Bench comprising of Budihal R.B., J. rejected to grant bail to the petitioner in light of the investigation still pending in the case.

The petitioner was charged under Section 376(C) IPC along with Sections 6 and 8 of the POCSO Act, 2012. The petitioner was a head master of a government school and he was alleged to have physically molested as many as seven girl students. On the basis of the complaint filed by these victim girl students, a criminal case was registered against the petitioner for the offences punishable under the Sections as mentioned above.

Learned counsel for the petitioner contended that the acts mentioned in the complaint were alleged to be done three years prior to filing of the complaint. Also the petitioner was on the verge of retirement and he was falsely implicated in the case. He prayed that the petitioner may be granted bail. Learned High Court Government Pleader opposed the bail petition.

The High Court perused the record as well as the grounds urged in the bail petition. The Court found that as many as seven girl students gave statement against the petitioner to the police as well as before the JMFC under Section 164 CrPC. It was also found that the matter was still under investigation and the final investigation report was yet to be filed. The Court was of the opinion that this was not a fit case to exercise discretion in favor of the petitioner. Accordingly, the petition was dismissed without granting bail to the petitioner. [Shrinivasa Joshi v. State of Karnataka, Crl. Petition No. 8176 of 2017, order dated 10.11.2017]

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