Sri Prabhu Naika K T vs State Of Karnataka
2022 Latest Caselaw 9226 Kant

                           1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 21ST DAY OF JUNE, 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

             CRIMINAL PETITION No.2015 OF 2022
                           C/W
             CRIMINAL PETITION No.1729 OF 2022
             CRIMINAL PETITION No.1730 OF 2022
             CRIMINAL PETITION No.1731 OF 2022
             CRIMINAL PETITION No.1733 OF 2022
             CRIMINAL PETITION No.1734 OF 2022
             CRIMINAL PETITION No.2008 OF 2022
             CRIMINAL PETITION No.2010 OF 2022
             CRIMINAL PETITION No.2024 OF 2022
             CRIMINAL PETITION No.2025 OF 2022
             CRIMINAL PETITION No.2038 OF 2022
             CRIMINAL PETITION No.2113 OF 2022
             CRIMINAL PETITION No.2116 OF 2022

IN CRIMINAL PETITION No.2015 OF 2022

BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS,
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT
N.R.PURA,
CHIKKAMAGALURU DISTRICT - 577 134.
                                              ... PETITIONER
(BY SRI K.S.GANESHA, ADVOCATE)
                             2



AND:

1.     STATE OF KARNATAKA
       BY N.R.PURA POLICE
       CHICKMAGALURU - 577 134
       REPRESENTED BY HCGP
       HIGH COURT OF KARNATAKA
       BENGALURU - 01.

2.     SMT.SAMEERA BANU
       W/O NOORLLA SHARIEF,
       36 YEARS,
       HOUSE WIFE,
       INDIRANAGARA,N.R.PURA,
       CHICKMAGALURU DISTRICT - 577 134.
                                           ... RESPONDENTS
(BY SRI B.J.ROHITH, HCGP FOR R1)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO EXERCISE THE JURISDICTION U/S.482 OF
THE CRPC AND QUASH THE PROCEEDINGS INITIATED AGAINST
THE PETITIONER IN CR.NO.6/2022 PENDING BEFORE THE
ADDITIONAL     DISTRICT  AND   SESSIONS   JUDGE   FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S.354-A OF IPC AND
SEC.10 AND 12 OF POCSO ACT VIDE ANNEXURE-E.

IN CRIMINAL PETITION No.1729 OF 2022

BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS,
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT, N.R.PURA
CHIKKAMAGALURU DISTRICT - 577 134.
                                             ... PETITIONER
(BY SRI K.S.GANESHA, ADVOCATE)
                             3



AND:

1.     STATE OF KARNATAKA
       BY N.R.PURA POLICE
       CHICKMAGALURU - 577 134
       REPRESENTED BY HCGP
       HIGH COURT OF KARNATAKA
       BENGALURU - 01.

2.     CHILD DEVELOPMENT OFFICER
       WOMEN AND CHILD
       DEVELOPMENT OFFICER
       N.R.PURA
       CHICKMAGALURU DISTRICT - 577 134.
                                           ... RESPONDENTS

(BY SRI B.J.ROHITH, HCGP FOR R1)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE FIR REGISTERED AGAINST THE
PETITIONER    IN   CR.NO.17/2022   PENDING   BEFORE   THE
ADDITIONAL     DISTRICT  AND   SESSIONS    JUDGE,  FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S 354(a) OF IPC AND
SECTION 8,10 AND 12 OF POCSO ACT.

IN CRIMINAL PETITION No.1730 OF 2022


BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS,
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT, N.R.PURA
CHIKKAMAGALURU DISTRICT - 577 134.
                                             ... PETITIONER
(BY SRI K.S.GANESHA, ADVOCATE)
                             4



AND:

1.     STATE OF KARNATAKA
       BY N.R.PURA POLICE
       CHICKMAGALURU - 577 134
       REPRESENTED BY HGGP
       HIGH COURT OF KARNATAKA
       BENGALURU - 01.

2.     SMT.RATHNA
       W/O VISHNU MARATHI,
       29 YEARS, HOUSE WIFE,
       R/AT MENASURU BYPASS, N.R.PURA,
       CHICKMAGALURU DISTRICT - 577 134.
                                           ... RESPONDENTS
(BY SRI B.J.ROHITH, HCGP FOR R1)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE FIR REGISTERED AGAINST THE
PETITIONER    IN   CR.NO.05/2022   PENDING   BEFORE   THE
ADDITIONAL     DISTRICT  AND   SESSIONS    JUDGE,  FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S 354(a) OF IPC AND
SECTION 10 AND 12 OF POCSO ACT.


IN CRIMINAL PETITION No.1731 OF 2022

BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS,
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT, N.R.PURA
CHIKKAMAGALURU DISTRICT - 577 134.
                                             ... PETITIONER
(BY SRI K.S.GANESHA, ADVOCATE)
                             5



AND:

1.     STATE OF KARNATAKA
       BY N.R.PURA POLICE
       CHICKMAGALURU - 577 134
       REPRESENTED BY HCGP
       HIGH COURT OF KARNATAKA
       BENGALURU - 01.

2.     SRI IBRAHIM BAIG
       S/O AMEERBAIG
       43 YEARS, COOLIE
       R/AT HALEPETE, N.R.PURA
       CHICKMAGALURU DISTRICT - 577 134.
                                           ... RESPONDENTS
(BY SRI B.J.ROHITH, HCGP FOR R1)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE FIR REGISTERED AGAINST THE
PETITIONER    IN   CR.NO.08/2022   PENDING   BEFORE   THE
ADDITIONAL     DISTRICT  AND   SESSIONS    JUDGE,  FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S 354(a) OF IPC AND
SECTION 10 AND 12 OF POCSO ACT.


IN CRIMINAL PETITION No.1733 OF 2022

BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS,
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT, N.R.PURA
CHIKKAMAGALURU DISTRICT - 577 134.
                                             ... PETITIONER
(BY SRI K.S.GANESHA, ADVOCATE)
                             6




AND:

1.     STATE OF KARNATAKA
       BY N.R.PURA POLICE
       CHICKMAGALURU - 577 134
       REPRESENTED BY HCGP
       HIGH COURT OF KARNATAKA
       BENGALURU - 01.

2.     SMT.SUNITHA
       W/O GANGADHARA,
       34 YEARS, BASTIMATA,
       N R PURA TALUK,
       CHICKMAGALUR DISTRICT - 577 134.

                                          ... RESPONDENTS
(BY SRI B.J.ROHITH, HCGP FOR R1)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE PROCEEDINGS INITIATED
AGAINST THE PETITIONER IN CR.NO.11/2022 PENDING BEFORE
THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S 354(a) OF IPC AND
SECTION 10 AND 12 OF POCSO ACT.


IN CRIMINAL PETITION No.1734 OF 2022

BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS,
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT, N.R.PURA
CHIKKAMAGALURU DISTRICT - 577 134.
                                            ... PETITIONER
                             7



(BY SRI K.S.GANESHA, ADVOCATE)
AND:

1.   STATE OF KARNATAKA
     BY N.R.PURA POLICE
     CHICKMAGALURU - 577 134
     REPRESENTED BY HCGP
     HIGH COURT OF KARNATAKA
     BENGALURU - 01.

2.   SMT. SAMEENA TAJ
     W/O RAHIM KHAN
     36 YEARS, HOUSE WIFE
     R/AT BETTAGERE, N.R.PURA TALUK
     CHICKMAGALURU DISTRICT - 577 134.
                                          ... RESPONDENTS
(BY SRI B.J.ROHITH, HCGP FOR R1)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE FIR REGISTERED AGAINST THE
PETITIONER    IN   CR.NO.14/2022   PENDING   BEFORE   THE
ADDITIONAL     DISTRICT  AND   SESSIONS    JUDGE,  FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S 354(a) OF IPC AND
SECTION 10 AND 12 OF POCSO ACT.

IN CRIMINAL PETITION No.2008 OF 2022

BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS,
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT, N.R.PURA
CHIKKAMAGALURU DISTRICT - 577 134.
                                             ... PETITIONER
(BY SRI K.S.GANESHA, ADVOCATE)
                             8



AND:

1.     STATE OF KARNATAKA
       BY N.R.PURA POLICE
       CHICKMAGALURU - 577 134
       REPRESENTED BY HCGP
       HIGH COURT OF KARNATAKA
       BENGALURU - 01.

2.     CHILD DEVELOPMENT OFFICER
       WOMEN AND CHILD
       DEVELOPMENT OFFICER
       N.R.PURA,
       CHICKMAGALURU DISTRICT - 577 134.
                                           ... RESPONDENTS
(BY SRI B.J.ROHITH, HCGP FOR R1)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE PROCEEDINGS INITIATED
AGAINST THE PETITIONER IN CR.NO.16/2022, PENDING BEFORE
THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S 354(a) OF IPC AND
SECTION 8 AND 10 OF POCSO ACT.


IN CRIMINAL PETITION No.2010 OF 2022

BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT, N.R.PURA
CHIKKAMAGALURU DISTRICT - 577 134.
                                             ... PETITIONER
(BY SRI K.S.GANESHA, ADVOCATE)
                             9




AND:

1.     STATE OF KARNATAKA
       BY N.R.PURA POLICE
       CHICKMAGALURU - 577 134
       REPRESENTED BY HCGP
       HIGH COURT OF KARNATAKA
       BENGALURU - 01.

2.     SRI NOUSHAD
       S/O MUSHTAQ AHMAD,
       41 YEARS,
       R/AT HALEPETE, N R PURA,
       CHICKMAGALURU DISTRICT - 577 134.
                                           ... RESPONDENTS
(BY SRI B.J.ROHITH, HCGP FOR R1)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE PROCEEDINGS INITIATED
AGAINST THE PETITIONER IN CR.NO.10/2022, PENDING BEFORE
THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S 354A OF IPC AND
SECTION 10 AND 12 OF POCSO ACT.

IN CRIMINAL PETITION No.2024 OF 2022

BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT, N.R.PURA
CHIKKAMAGALURU DISTRICT - 577 134.
                                             ... PETITIONER
(BY SRI K.S.GANESHA, ADVOCATE)
                             10



AND:

1.     THE STATE OF KARNATAKA
       BY N.R.PURA POLICE
       CHICKMAGALURU - 577 134
       REPRESENTED BY HCGP
       HIGH COURT OF KARNATAKA
       BENGALURU - 01.

2.     SMT. KIRANA
       W/O SURENDRA A.S.,
       45 YEARS, HOUSE WIFE,
       INDIRANAGARA, N.R PURA
       CHICKMAGALURU DISTRICT - 577 134.
                                           ... RESPONDENTS

(BY SRI B.J.ROHITH, HCGP FOR R1)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO EXERCISE THE JURISDICTION U/S.482 OF
THE CRPC AND QUASH THE PROCEEDINGS INITIATED AGAINST
THE PETITIONER IN CR.NO.7/2022 PENDING BEFORE THE
ADDITIONAL     DISTRICT  AND   SESSIONS   JUDGE   FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S.354-A OF IPC AND
SEC.10 AND 12 OF POCSO ACT VIDE ANNEXURE-E.

IN CRIMINAL PETITION No.2025 OF 2022

BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT, N.R.PURA
CHIKKAMAGALURU DISTRICT - 577 134.
                                             ... PETITIONER
(BY SRI K.S.GANESHA, ADVOCATE)
                             11



AND:

1.     STATE OF KARNATAKA
       BY N.R.PURA POLICE
       CHICKMAGALURU - 577 134
       REPRESENTED BY HCGP
       HIGH COURT OF KARNATAKA
       BENGALURU - 01.

2.     SMT. NALEENA
       W/O KUMARESH,
       29 YEARS, HOUSE WIFE,
       R/AT LINGAPURA,
       N R PURA TALUK,
       CHICKMAGALURU DISTRICT - 577 134.
                                           ... RESPONDENTS
(BY SRI B.J.ROHITH, HCGP FOR R1)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO EXERCISE THE JURISDICTION U/S.482 OF
THE CRPC AND QUASH THE PROCEEDINGS INITIATED AGAINST
THE PETITIONER IN CR.NO.13/2022 PENDING BEFORE THE
ADDITIONAL     DISTRICT  AND   SESSIONS   JUDGE   FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S.354-A OF IPC AND
SEC.10 AND 12 OF POCSO ACT VIDE ANNEXURE-E.

IN CRIMINAL PETITION No.2038 OF 2022

BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT, N.R.PURA
CHIKKAMAGALURU DISTRICT - 577 134.
                                             ... PETITIONER
(BY SRI K.S.GANESHA, ADVOCATE)
                             12



AND:

1.     STATE OF KARNATAKA
       BY N.R.PURA POLICE
       CHICKMAGALURU - 577 134
       REPRESENTED BY HCGP
       HIGH COURT OF KARNATAKA
       BENGALURU - 01.

2.     SRI SATHISHA
       S/O MURTHY,
       35 YEARS,
       R/AT HONNAKUDIGE,
       BILALKOPPA VILLAGE,
       N R PURA TALUK,
       CHICKMAGALURU DISTRICT - 577 134.

                                           ... RESPONDENTS
(BY SRI B.J.ROHITH, HCGP FOR R1)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE PROCEEDINGS INITIATED
AGAINST THE PETITIONER IN CR.NO.09/2022, PENDING BEFORE
THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S 354(A) OF IPC AND
SECTION 10 AND 12 OF POCSO ACT, VIDE ANNEXURE-E.

IN CRIMINAL PETITION No.2113 OF 2022

BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT, N.R.PURA
CHIKKAMAGALURU DISTRICT - 577 134.
                                             ... PETITIONER
(BY SRI K.S.GANESHA, ADVOCATE)
                             13



AND:

1.     STATE OF KARNATAKA
       BY N.R.PURA POLICE
       CHICKMAGALURU - 577 134
       REPRESENTED BY HCGP
       HIGH COURT OF KARNATAKA
       BENGALURU - 01.

2.     CHILD DEVELOPMENT OFFICER
       WOMEN AND CHILD DEVELOPMENT OFFICER,
       N R PURA,
       CHICKMAGALURU DISTRICT-577134

                                         ... RESPONDENTS
(BY SRI B.J.ROHITH, HCGP FOR R1)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE PROCEEDINGS INITIATED
AGAINST THE PETITIONERS IN CR.NO.15/2022, PENDING BEFORE
THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S 354A OF IPC AND
SECTION 8 AND 10 OF POCSO ACT VIDE ANNEXURE-E.


IN CRIMINAL PETITION No.2116 OF 2022

BETWEEN:

SRI PRABHUNAIKA K.T.,
S/O THOLACHANAIKA
48 YEARS
PHYSICAL EDUCATION TEACHER
KPS SCHOOL, N.R.PURA TOWN
R/AT BHAGYARAM LAYOUT, N.R.PURA
CHIKKAMAGALURU DISTRICT - 577 134.
                                              ... PETITIONER
(BY SRI K.S.GANESHA, ADVOCATE)
                              14



AND:

1.     STATE OF KARNATAKA
       BY N.R.PURA POLICE
       CHICKMAGALURU - 577 134
       REPRESENTED BY HCGP
       HIGH COURT OF KARNATAKA
       BENGALURU - 01.

2.     SMT PREETHI
       W/O JOSEPH,
       33 YEARS, HOUSE WIFE,
       R/AT VAGGADEKALLU,
       GUBBIGURU VILLAGE,
       N R PURA,
       CHICKMAGALURU DISTRICT - 577 134.

                                              ... RESPONDENTS
(BY SRI B.J.ROHITH, HCGP FOR R1)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE PROCEEDINGS INITIATED
AGAINST THE PETITIONER IN CR.NO.12/2022 PENDING BEFORE
THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCES P/U/S 354A OF IPC AND
SECTION 10 AND 12 OF POCSO ACT.


    THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 17.03.2022, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:-
                            ORDER

The petitioner is before this Court calling in question

proceedings in Crime -

(i) No.06/2022 concerning Crl.P.No.2015 of 2022;

(ii) No.17/2022 concerning Crl.P.No.1729 of 2022;

(iii) No.05/2022 concerning Crl.P.No.1730 of 2022;

(iv) No.08/2022 concerning Crl.P.No.1731 of 2022;

(v) No.11/2022 concerning Crl.P.No.1733 of 2022;

(vi) No.14/2022 concerning Crl.P.No.1734 of 2022;

(vii) No.16/2022 concerning Crl.P.No.2008 of 2022;

(viii) No.10/2022 concerning Crl.P.No.2010 of 2022;

(ix) No.07/2022 concerning Crl.P.No.2024 of 2022;

(x) No.13/2022 concerning Crl.P.No.2025 of 2022;

(xi) No.09/2022 concerning Crl.P.No.2038 of 2022;

(xii) No.15/2022 concerning Crl.P.No.2113 of 2022;

(xiii) No.12/2022 concerning Crl.P.No.2116 of 2022

all registered for offences punishable under Section 354A of the

IPC and Sections 10 and 12 of the Protection of Children from

Sexual Offences Act, 2012 ('Act' for short) except in Criminal

Petition No.1729 of 2022 where Sections 8, 10 and 12 of the Act

2008 are invoked; in Criminal Petition No.2008 of 2022 where

Sections 8 and 10 of the Act are invoked and in Criminal Petition

No.2113 of 2022 where Sections 8 and 10 of the Act are invoked,

in addition to the IPC section. Since common facts and grounds

are urged, all these petitions are clubbed together and heard.

2. Heard Sri K.S. Ganesha, learned counsel for the

petitioner in all these cases and Sri B.J.Rohith, learned High

Court Government Pleader for respondent No.1-State.

3. Brief facts leading to the filing of the present petitions,

as borne out from the pleadings are as follows:

The petitioner who is common in all the petitions is a

Physical Education Teacher in KPS School at N.R.Pura. A

colleague of the petitioner who also works as a teacher in the

same school submits a report against the petitioner that he has

behaved in an uncivilized manner with the girl students and has

sexually harassed them. This report was submitted to the BEO

of N.R.Pura who in turn makes a complaint to the N.R.Pura

Police Station where the crime is registered in Crime No.4 of

2022. The petitioner has not challenged the registration of this

Crime No.4 of 2022 and it is pending before the jurisdictional

Sessions Court with bail granted to the petitioner.

4. Having come to know the registration of crime No.4 of

2022 against the petitioner, the parents of the students having

learnt sexual assault against their children registered crimes on

different dates against the petitioner which resulted in FIRs. The

allegation against the petitioner is that he was indulging in

sexual harassment against those students. It is for that reason

crimes for offences punishable under Section 354A of the IPC

and Sections 8, 10 and 12 of the Act were alleged against the

petitioner. The matters are pending consideration before the

Additional District and Sessions Judge, FTSC-1, Chickmagalur.

After registration of the FIR in Crime No.4 of 2022 which was

first in the line and on commencement of investigation,

successive FIRs are registered against the petitioner for the same

offence, by parents of different students. It is those FIRs that are

registered against the petitioner for the same offence, by

different complainants, that are called in question in these

cases.

5. The learned counsel appearing for the petitioner, in all

these cases, would contend with vehemence that on the same

incident in respect of which a case has already been registered

and investigation is underway, successive FIRs could not have

been registered and fresh investigation would not have been

ordered thereto for the same offence. It is submitted that it

would violate the fundamental right of the accused. The learned

counsel places reliance upon several judgments of the Apex

Court to buttress his submission on that score and seeks

quashment of multiple FIRs and retention of only one FIR in

Crime No.4 of 2022 in which, investigation is underway.

6. On the other hand, the learned High Court Government

Pleader would refute the submissions to contend that the

complaints registered against the petitioner are by different

complainants and, therefore, different FIRs are registered and as

such, no fault can be found in the action of the Police in

registering different FIRs, in the peculiar facts of these cases and

would submit that the matter is still in the stage of investigation

and seeks dismissal of the petitions.

7. I have given my anxious consideration to the

submissions made by the respective learned counsel and

perused the material on record.

8. The petitioner functions as a Physical Education

Teacher in KPS School. Alleging that the petitioner has

committed offences punishable under Sections 8, 10 and 12 of

the Act and Section 354A of the IPC, a report was made by a

colleague of the petitioner which ultimately becomes the basis

for a FIR in Crime No.4 of 2022. This is the first of the FIRs so

registered against the petitioner. After registration of the said

crime, several complaints were made by parents of the respective

children who have been subjected to sexual assault by the

petitioner. The first of the complaint which becomes FIR in

Crime No.4 of 2022 reads as follows:

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The matter was investigated into by the Police. While the

investigation was on, several complaints emerged which are

registered by the parents of the children on coming to know that

a complaint has been registered against the petitioner for the

alleged offences. It is then every parent seems to have opened up

with regard to the mannerism of the petitioner who is alleged to

have inappropriately touched the children which would become

offences under Sections 8, 10 and 12 of the Act and Section

354A of the IPC.

9. To consider the submission of the learned counsel for

the petitioner it is germane to notice few of the complaints

registered by the parents of the children against the petitioner.

On a perusal of the complaints so registered, it reveals that the

incident had not happened on a single day. In one of the

complaints the allegation is that, the petitioner has indulged in

such sexual assault on the child for the last one month and in

the other complaint for the last two months and in few of the

complaints for the last three months. There is no date indicated

for the alleged offence. The allegation is common but dates are

different. Therefore, it cannot be said that for a solitary incident

on a solitary date multiple FIRs are registered.

10. The crime committed by the petitioner against each

individual student is complained of by their parents and the

incidents spans over one month to three months. Every fact or

facet that is necessary for investigation in each case may vary,

as the complainant is entitled to produce such evidence,

instance of which has happened on a particular day against her

by the petitioner which would become offence punishable under

Sections 8, 10 and 12 of the Act.

11. It would have been an altogether different

circumstance if all the complaints, though they look same would

complain of an incident of a particular day. Every complaint

varies in the period. As observed hereinabove, it varies from one

month to three months. No complaint narrates incident of a

particular day. They indicate that all the incidents have

happened not on a particular day or a particular time of a

particular day, though the accused in all these cases is common

i.e., the petitioner. The victims in all these cases are not

common but are different. The period of such offence ranges

from 1-09-2021 to 3-01-2022 and first of the complaint is

registered on 15-01-2022 in Crime No.4 of 2022. With no

certain time and period and the complainants being different,

the contention of the learned counsel appearing for the

petitioner that the same is hit by doctrine of sameness is

unacceptable.

12. The judgments relied on by the learned counsel for the

petitioner to buttress his submission are all cases where on a

solitary incident multiple FIRs were registered. The incidents in

the cases at hand, as observed hereinabove, are not solitary.

Therefore, every victim who has been subjected to such sexual

assault from the hands of the petitioner has complained and the

complaints are of different dates, instances vary from period to

period and not of a specific date. Therefore, registration of

crimes in multiple FIRs against the petitioner, in the peculiar

facts of these cases, cannot be found fault with. It is for the

petitioner to defend himself for the alleged acts against each of

the victim.

13. The further contention of the petitioner that out of

spite or ill-will by people who are inimical towards him in the

institution these complaints are generated or brought up by

luring the parents of such harassment is required to be noticed

only to be repelled, as it is, to say the least, preposterous, as no

parent would come forward and without any rhyme or reason

register complaint against the petitioner that too alleging that

her child has been sexually abused. It is too far-fetched for this

Court, at this juncture, to even consider the said submission of

the learned counsel for the petitioner. Spite or ill-will against

him by other teachers of the institution cannot mean that those

who are inimical towards the petitioner want to shoot him from

the shoulder of a child through its parents. Such arguments

cannot be accepted. Therefore, the impugned actions brought

before this Court, in these cases, do not warrant any

interference.

14. For the aforesaid reasons, all these petitions lack any

merit and are accordingly dismissed.

It is made clear that the observations made in the course

of this order are only for the purpose of consideration of the case

of petitioner under Section 482 of Cr.P.C. and the same shall not

bind or influence the proceedings pending before learned

Sessions Judge.

In view of dismissal of the petitions, pending applications

also stand disposed of.

Sd/-

JUDGE

bkp CT:MJ