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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF APRIL, 2018
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.2727/2018
BETWEEN:
DR. ANKIT GAUTAM,
S/O MR. CHANDRA PAL,
R/O 17 A, MADHUPURAM COLONY,
BHITARLI KHAND,
IIM ROAD, HSM ROAD,
LUCKNOW, UTTAR PRADESH 226020.
… PETITIONER
(BY SRI JATIN SEHGAL, ADVOCATE FOR
SRI HASAN S. HIREMANI, ADVOCATE)
AND
STATE OF KARNATAKA,
REP BY SIDDAPURA P. S.,
REP BY SPP
HIGH COURT OF KARNATAKA 560001.
… RESPONDENT
(BY SRI K. NAGESHWARAPPA, HCGP)
****
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.13/2018
OF SIDDAPURA POLICE STATION, BANGALORE CITY FOR
THE OFFENCE P/U/S 9(e),9(1) AND 10 OF PROTECTION OF
CHILDREN FROM SEXUAL OFFENCES ACT AND SECTION
354 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
This is a petition under Section 438 Cr.PC. The
respondent – Police have registered a case against the
petitioner in Crime No.13/2018 for the offences punishable
under Sections 9(e), 9(l) and 10 of Protection of Children
from Sexual Offences Act, 2012 and Section 354 IPC.
2. Heard the petitioner’s counsel and the learned High
Court Government Pleader.
3. The complaint was made by Dr. V. Bhadrinarayan,
Medical Superintendent of National Institute of Mental
Health Neuro Sciences, Bangalore about sexual
misconduct committed by the petitioner on a female patient
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admitted to the said hospital on 9.1.2018 for treatment in
connection with her mental disorder. It is alleged that
petitioner, who is a junior resident doctor in the said
hospital sexually exploited the patient between the dates
10.1.2018 and 18.1.2018.
4. Learned counsel for the petitioner argues that the
petitioner has been implicated in a false case. The patient
was admitted to the hospital on 9.1.2018 as she was
diagnosed for depressive disorders and post-traumatic
stress disorder. She was under the supervision of an
attendant provided to her by an NGO. It is highly
impossible to say that the girl was exploited by the
petitioner. He refers to a love letter written by the patient
to the petitioner to argue that since he did not respond to
that letter, a false complaint came to be registered. He
further argues that the petitioner has not absconded and
that he was always available at Bangalore and if the
Investigating Officer had issued a notice to the petitioner
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under Section 41A Cr.PC, he would have appeared before
the Investigating Officer. Even now the petitioner is ready
to cooperate with Investigating Officer. The petitioner has
a threat of being arrested, therefore he is entitled to
anticipatory bail.
5. Learned High Court Government Pleader submits
that the matter is still under investigation. The offences
alleged against the petitioner are serious and anticipatory
bail cannot be granted.
6. If the complaint is read, certain allegations made
against the petitioner can be seen. The love letter
produced by the petitioner is in Hindi. This letter cannot
be considered at this stage. It must be proved that the
letter is in the handwriting of the patient. However it is a
fact that the petitioner was working as a Junior resident
doctor. The other documents produced by the petitioner
show that even after lodging of the complaint, he was very
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much present at Bangalore. It is difficult to say that after
lodging of the complaint, he was not available for
investigation. As rightly argued by the petitioner’s counsel,
probably he would have appeared before the Investigation
Officer if notice under Section 41A of Cr.PC had been issued
to him. Moreover the interference by the petitioner in
investigation process can be ruled out because he is kept
under suspension. Patient is also under the supervision of
an attendant provided by an NGO. It is not known why the
patient did not bring the misbehaviour of the petitioner to
the notice of authority of the hospital on the very first day.
By considering all these circumstances, I am of the opinion
that anticipatory bail can be granted by subjecting him to
certain conditions. Hence, the following:
ORDER
Petition is allowed.
In the event of arrest of petitioner by the
respondent-police station in connection with
6Crime No.13/2018, he shall be released on bail
on obtaining from him a personal bond for
Rs.1,00,000/- (Rupees one lakh only) and two
sureties for the likesum to the satisfaction of
Investigation Officer. The petitioner is also
subjected to the following conditions:
(i) He shall co-operate with the
Investigating Officer during investigation
and he shall appear before the
Investigating Officer whenever his
presence is necessary;
(ii) He shall not tamper with evidence;
(iii) He shall not directly or indirectly
threaten the witnesses; and
(iv) He shall mark his attendance before the
respondent-police station once in a
fortnight, preferably on Sunday in
between 09.00 am and 12.00 noon, till
the investigation is completed.
Sd/-
JUDGE
Gss/-