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2022 Supreme(Kar) 774

H. P. SANDESH
N. R. Sugandaraju – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Sri. I.S Pramod Chandra, Advocate, for the Appellant; Sri. K.S. Abhijith, HCGP, Sri. M. Somashekhara, Advocate, for the Respondent.

ORDER

1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.49/2020 of Magadi Police Station, Ramanagara District, for the offence punishable under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short).

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

3. The factual matrix of the case of the prosecution is that this petitioner is a PT teacher and he misbehaved with a student who is studying in 10th standard and he had indulged in the same act when she was in 8th and 9th standard also. When the victim girl was unable to tolerate the act of this petitioner, a complaint was given to the Principal of the school and in pursuance of the said complaint, the Principal of the school had lodged the complaint and case has been registered under Sections 8 and 12 of POCSO Act.

4. The learned counsel for the petitioner would submit that the petitioner is aged about 55 years and the complaint discloses that there was a delay in lodging the complaint and afterthought only a false complaint is lodged and no such complaint i

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