- 1 - HC-KAR NC: 2025:KHC:38582 WP No. 27844 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27844 OF 2025 (GM-POLICE) BETWEEN: SMT. SAI SUDHA W/O SRI RAJITH KUMAR K R AGED ABOUT 35 YEARS R/AT NO.31, KAVANGAL HOUSE, 2ND FLOOR, 3RD MAIN, K M NAGARAJ LAYOUT, KODATHI VILLAGE, BENGALURU CITY KARNATAKA - 560035. …PETITIONER (BY MS. CHANDINI G.S., ADVOCATGE FOR SRI. SUBBA RAO G S.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38582 WP No. 27844 of 2025 AND: 1. STATE OF KARNATAKA MINISTRY OF HOME AFFAIRS VIDHANA SOUDHA DR. AMBEDKAR VEEDHI, BENGALURU - 560001 REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER BANGALORE CITY POLICE INFANTRY ROAD, BANGALORE KARNATAKA - 560001. 3. THE STATION HOUSE OFFICER VARTHUR POLICE STATION BANGALORE CITY BANGALORE - 560087. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 TO SECURE, PRESERVE AND PREVENT ANY DELETION OR TAMPERING OF THE CCTV FOOTAGES RECORDED AT THE FOLLOWING PLACES ON 06.07.2025; CCTV FOOTAGES OF MTR RESTAURANT ON 06.07.2025 BETWEEN 1PM TO 2PM; CCTV FOOTAGES IN THE ROAD IN HSR RING ROAD ON 06.07.2025 - 3 - HC-KAR NC: 2025:KHC:38582 WP No. 27844 of 2025 BETWEEN 1.55PM TO 2.25PM; CCTV FOOTAGES OF SHELL PETROLEUM BUNK LOCATED IN JAKKASANDRA ON 06.07.2025 BETWEEN 4.00PM TO 4.15PM; CCTV FOOTAGES IN ROAD NEAR JAKKASANDRA U TURN NEAR SHELL PETROLEUM BUNK ON 06.07.2025 BETWEEN 4.00PM TO 4.15PM; CCTV FOOTAGES OF LOCO BEAR IN JAKKASANDRA KORAMANGALA 1ST BLOCK ON 06.07.2025 BETWEEN 4.00PM TO 4.15PM; CCTV FOOTAGES IN ROAD NEAR LOCO BEAR JUNCTION, JAKKASANDRA, KORAMANGALA 1ST BLOCK ON 06.07.2025 BETWEEN 4.00PM TO 4.15PM COPY OF THE LOCATION DETAILS ARE HEREWITH PRODUCED AS (ANNX-A) FOR THE KIND PERUSAL OF THIS HONBLE COURT; DIRECT THE R-1 TO 3 TO SECURE PRESERVE AND PREVENT ANY DELETION OR TAMPERING OF THE CDR AND TOWER LOCATION DETAILS OF THE FOLLOWING PERSONS ON 06.07.2025.ACCUSEDS SISTER-9748161914 VODAFONE IDEA. ACCUSEDS SISTERS HUSBAND 8805990670 VODAFONE IDEA ACCUSEDS MOTHER 9741453271 AIRTEL ACCUSEDS FATHER 9880011349 AIRTEL ACCUSED 973817296 VODAFONE IDEA ACCUSED 9980893031 AIRTEL ACCUSEDS BROTHER-IN-LAW 9108293435 AIRTEL - 4 - HC-KAR NC: 2025:KHC:38582 WP No. 27844 of 2025 ACCUSEDS WIFE 8660170652 JIOVICTIM 9108933741 AIRTEL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's husband is in judicial custody pursuant to the orders of the concerned Court in Crime No.361/2025 for offences punishable under the Protection of Children from Sexual Offences Act, 2012 [for short, the POCSO Act]. The petitioner has sought for directions to the respondents [more specifically the third respondent] to secure, preserve and prevent deletion or tampering of the CCTV footages at the following places on 06.07.2025: - 5 - HC-KAR NC: 2025:KHC:38582 WP No. 27844 of 2025 a. CCTV Footages from MTR Restaurant on 06/07/2025 between 1pm to 2pm. b. CCTV Footages from the HSR Ring Road on 06/07/2025 between 1.55pm to 2.25pm. c. CCTV Footages from Shell Petroleum Bunk located in Jakkasandra on 06/07/2025 between 4:00pm to 4:15pm. d. CCTV Footages from the road near Jakkasandra U turn near Shell Petroleum Bunk on 06.07.2025 between 4:00pm to 4:15pm. e. CCTV Footages from "Loco Bear" in Jakkasandra, Koramangala 1st Block on 06.07.2025 between 4:00pm to 4:15pm. f. CCTV Footages from "Loco Bear" Junction, Jakkasandra, Koramangala 1st Block on - 6 - HC-KAR NC: 2025:KHC:38582 WP No. 27844 of 2025 06.07.2025 between 4:00pm to 4:15pm. 2. Ms. Chandini G S, the learned counsel for the petitioner, submits that one of the defences that could be available to the petitioner's husband is that he was not in the place of occurrence because he had accompanied his family members to a lunch at a restaurant located in HSR Layout, Bengaluru and if CCTV footages from the restaurant and from the aforesaid places are not secured and preserved, valuable piece of evidence may be beyond reach seriously prejudicing the defence. The learned counsel also submits that unless there are directions, neither the petitioner nor anybody on behalf of her husband [the accused] can access these CCTV footages. 3. Ms. K.P.Yashodha, the learned Additional Government Advocate, who is called upon to accept notice and secure instructions, submits that [a] the - 7 - HC-KAR NC: 2025:KHC:38582 WP No. 27844 of 2025 Investigating Officer has completed investigation and filed charge sheet with the concerned Court, [b] the investigation is based, amongst others, on the voluntary statements of the accused, [c] the accused has not made any statement about he being at a particular restaurant at the relevant time, and [d] therefore, the Investigating Officer has not conducted any investigation in that particular line. 4. 4. However, what remains salient is that the concerned Court, on an application by the accused, must examine whether there must be further investigation. As such, in the present petition consideration is confined to whether there must be a direction to the third respondent [the Investigating Officer] to secure footage from the afore places and preserve the same subject to any orders that could be by the concerned Court. 5. On a careful consideration, and to ensure the possibilities of a fair trial and because - 8 - HC-KAR NC: 2025:KHC:38582 WP No. 27844 of 2025 undisputedly the CCTV footages from these places could only be available for a short period of time, this Court is of the view that the third respondent must be directed to secure footages if available as of today observing that the next course of action must necessarily be decided by the concerned Court. In the light of the afore, the following: ORDER The petition stands disposed of calling upon the third respondent to secure and present the CCTV footages if available as of the date of receipt of the information about this order from the places as aforementioned for just orders in the pending proceedings before the concerned Court. Sd/- (B M SHYAM PRASAD) JUDGE NV