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2014 DIGILAW 657 (AP)

Md. Basheer Ahmed Khan v. State of A. P. Rep. By P. P. High Court of A. P.

2014-06-04

B.SIVA SANKARA RAO

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JUDGMENT 1. This Criminal Petition filed under Section 438 Cr.P.C by the petitioner/accused in Crime No.45 of 2014, on the file of the Station House Officer, Hajeepur Police Station, Adilabad District registered against him for the offences punishable under Sections 354, 509 and 506 IPC. 2. Heard the Learned Counsel for the Petitioner, the Learned Public Prosecutor for the Respondent-State and perused the material placed on record. 3. The petitioner is the pharmacist in PHC Hajeepur. On 07.04.2014 the de facto complainant and four other health assistants in primary health center, Hajeepur filed complaint stating that the accused has been harassing them in their work place by insulting in abusive language and outraging modesty by making absurd comments and by catching hold of hands or the like while discharging their duties and also demanding money for issuing medicines and also he threatens the women employees who oppose him to get them transferred to distant places. 4. The contention of the petitioner is that this is a false accusation to harass him though he is innocent and has been working for more than 14 years in the public service with no adverse remarks against him so far in that count. 5. A perusal of the common report of the de facto complainant who among others signed at page No.9 middle part clearly shows that even on earlier occasions there were complaints against him, but no action was dare to be taken by the superiors. Needless to say Rule 4 of the G.O.Ms.No.27, dated 21.04.1999 of the Andhra Pradesh Women Development, Child Welfare and Disabled Welfare (Prog.) Dept., mandates the Superior Officers to lodge criminal complaint for the acts constitute offence of those employees in the work places against the women employees. It appears the Government also incorporated a provision in the A.P. Civil Services (Conduct) Rules, 1964 prohibiting sexual harassment of working women and by amending the Rule 3 of the A.P. Civil Service (Conduct) Rules, to make it prove to disciplinary action. With reference to the above, the Government of Andhra Pradesh G.A (S.W) Department issued Memo No.11124/Ser. Wel/2003-2, dt.10.03.2003. Had it been properly implemented, it appears to the Court that present situation could not be the outcome. 6. This prima facie accusation shows substance from more than 4 or 5 subordinate women employees’ common averment, that too for not a single person’s complaint. Wel/2003-2, dt.10.03.2003. Had it been properly implemented, it appears to the Court that present situation could not be the outcome. 6. This prima facie accusation shows substance from more than 4 or 5 subordinate women employees’ common averment, that too for not a single person’s complaint. Thus, the contention of the accused-petitioner still cannot be outweighed over the material. When such is the case, merely because he is a public servant he is not entitled to the concession of anticipatory and pre arrest bail in the larger interest of society to curb any such unlawful attitude of any public servant against co-employees of the work place, subject to truth, which the concerned superior officials to take care and to protect the victim women. 7. However, the fact remains, from the Courts’ duty to balance from the propensity of the crime with the personal liberty of the accused and as laid down by the Apex Court’s expression in Satlingappa Mhetre v. State of Maharastra AIR 2011 SC 312 the liberty is precious to an individual so also the society’s interest in maintaining the peace and law and order, both are equally important. Taking into consideration of the same, the bail application is disposed of directing him to surrender before the concerned magistrate and move for regular bail and in such an event, the learned Magistrate shall consider for disposal of the bail application granting bail with necessary conditions preferably on the same day, if not, on next day. As refusal of bail for few days by itself will not serve to protect the working women from sexual harassment, but for the implementation of the guidelines to protect the working women and assure their security, to discharge their duties peacefully and tension free; so that this impact may not be on the work adversely. 8. The Registry is directed to circulate copy of this Order to the Chief Secretary to the State Governments, for necessary instructions to the concerned for constitution of committee if not yet as per the guidelines in the expression of the Apex Court in Visakha v. State of Rajasthan AIR 1997 SC 3011 for protection against sexual harassment and abuse of working women in the work place and any other recourse, as per the G.O Ms.No.27, dated 21.04.1999 and the Government Memo No.11124/S-W/2003, dated 10.03.2003.