Bombay High Court Grants Interim Protection From Arrest To Wrestling Coach Accused Of Sexually Harassing Minor Male Students

The Bombay High Court recently granted anticipatory bail till November 29, 2023, to a wrestling (kusti) teacher accused of sexually harassing several of his minor male students in Pune.

The bench sought to hear the complainants before deciding on the application.

The vacation bench of Justice MM Sathaye granted ad-interim protection to the teacher in an FIR registered under sections 8 & 12 of the POCSO Act at the Vishraam Baug police station in Pune.

"Considering the arguments advanced by the learned counsel for the Applicant, in my view, in the interregnum, ad-interim protection can be granted to the Applicant, with stringent conditions. This order is granted by way of ad-interim protection till the next date. Place the matter before the regular Bench on 29.11.2023."

In September 2023, the complainant alleged that between June 2020 and September 2022, the applicant taught wrestling to a group of 20 to 25 children. On the pretext of teaching them, he allegedly asked them to touch each other's private parts and also felt their private parts himself.

A sessions court in Pune refused anticipatory bail on October 27, after which the teacher approached the High Court. His counsel submitted that he was a wrestling (kusti) teacher to school students. The very nature of the sport involved training in a langot and necessarily involved physical engagement of the students inter se or with the teacher in a place called akhada (arena) filled with red clay, it was argued.

Since he was teaching the sport with the school's permission, averments in the FIR didn't constitute the alleged offence and prayed for ad-interim protection, the counsel further submitted.

The prosecutor strenuously opposed the request for ad-interim protection. He submitted that considering the nature of averments in the FIR and observations of the Sessions Judge, the court shouldn't grant protection. Moreover, the police have recorded statements of 10 victim boys.

The court said it was necessary to issue notice to the complainant before passing a final order.

Accordingly, in the event of his arrest, the court ordered the applicant's release on executing a PR bond of Rs. 50,000 with one or two sureties of the same amount.

The court also asked the accused to tender an undertaking that he wouldn't contact the victims and would attend the police station.

Case No. - ANTICIPATORY BAIL APPLICATION NO. 3262 OF 2023

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