IN TIlE HIGH COURT OF KARNATi\KA CIRCUIT BENCH AT DHARWAD DATED THIS THE 2I’ DAY OF FEBRUARY, 201 1 BEFORE THE HON’BLE MR. .JLSTICE ANAND BYRAREDDY CRIMINAL PETITION No.10226/2011 BETWEEN: Yellappa Dattappa Navalgund, Aged 56 years, 0cc: Principal, Gurukul Education Sanskrit College, R/o Kumareshwarnagar. Dharwad. Petitioner (By Shri V.P. Kulkarni, Advocate) AND: The State of Karnataka, By Station House Officer, Sub-Urban Police Station, Dharwad. Respondent (By Sri Vinavak S. Kulkarni. lICGP) This Criminal Petition is filed under Section 438 of’ the Code of Criminal Procedure, praying to enlarge the petitioner on bail in the event of arrest by the respondent/police in Crime No.001 1 ‘201 1 of Dharwad Sub-Lrban Police Station. This petition coming on for Orders this da. the Court made the followina: ORDER 1-leard the learned Counsel for the petitioner and the learned Government. 2. It is alleged that petitioner is a postgraduate in Arts and he is\ 7 idwan in Sanskrit. He was appointed as Principal of Gurukul Education Sanskrit College. It transpires that, there is animosity among certain lecturers against the petitioner and in this regard police complaints had been lodged against the petitioner and some of the other teaching staff, which are pending consideration. He claims that, he is married and has a daughter and a son who are pursing a degree in Engineering and SSLC, respectively. While this being so, one \/enkatesh Sagbal. claiming to be a Social Worker, has filed a complaint before the police against the petitioner, based on a TV Channel it.. 3 report, said to have been telecast in September 2010, without furnishing any other particulars, such as, the date or alleged offence committed by the petitioner that he is guilty of an offence punishable under Section 377 ofthe Indian Penal Code. 3. It is in the apprehension of his arrest on the basis of the said complaint, that the petitioner had approached the District and Sessions Judge, Dharwad, seeking anticipatory bail. The same has been rejected. It is in this background, that the petitioner is before this Court. 4. The learned Counsel for the petitioner would submit, that there is no complaint by any alleged victim in respect of the alleged offence. The complainant is said to be a social worker who has made vague allegations that the petitioner has sodomised several people including teachers and students of the College. This bare allegation is the basis of the further investigation said to have been taken up by the police, having regard to the adverse publicity given to the T.V.Channel S 4 report. In that view of the matter, the leanied Counsel for the petitioner would seek that the petitioner be enlarged on bail in the event of his arrest. 5. The learned Government Pleader has filed Statement of Objections. that there is material produced by the complainant to indicate there was involvement of the petitioner which is the subject matter of investigation. Therefore, the grant of anticipatory bail would result in the petitioner interfering with the investigation and hampering the prosecution agency and would enable him to put himself out of the reach of the law and therefore, would object to the grant of any relief and would submit, that the trial Court has rightly rejected the application for anticipatory bail. 6. Given the above facts and circumstances. it cannot be said that there are categorical allegations even to hold that the petitioner was guilty of having committed any of the alleged ‘3 5 offences. Therefore. the petitioner has made out ground for grant ofrelief. 7. Accordingly, the petition is allowed subject to the following conditions: 1. In the event the petitioner is arrested, he shall be enlarged on bail on his furnishing a self-bond for a sum of Rs. 10,000/- with one solvent surety for a like sum. 2. The petitioner shall not in any manner interfere or try to influence the prosecution witnesses. 3. The petitioner shall not leave the jurisdiction ofthe Court without the leave ofthe Court. 4. The petitioner shall make himself available for trial at all points oftime. Sd! JUDGE Sub/