- 1 - HC-KAR NC: 2025:KHC:42036 CRL.P No. 13936 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13936 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI BABA JOHN S/O CHAND PASHA AGE ABOUT 41 YEARS R/AT No.18, DARGHAMOHALLA RAZACK PALYA, BAGALURU POST BENGALURU NORTH TALUK BENGALURU - 562 149. …PETITIONER (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BAGALURU POLICE BENGALURU RURAL DISTRICT, BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. 2. SRI SYED ALTAF S/O SYED YUSUF AGED ABOUT 41 YEARS R/AT: RAZACK SAB PALYA BAGALURU POST, JALA HOBLI YALAHANKA TALUK BENGALURU - 562 149. …RESPONDENTS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42036 CRL.P No. 13936 of 2025 (BY SRI CHANNAPPA ERAPPA, HCGP FOR R1 SMT. P V KALPANA, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO DIRECT THE BENGALURU POLICE IN THE EVENT OF PETITIONER BEING ARRESTED IN CR No.214/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 12, 11(iv) AND 12 OF POCSO ACT 2012, PENDING ON THE FILE OF THE LEARNED DISTRICT AND SESSIONS JUDGE, FTSC-I BENGALURU RURAL DISTRICT, BENGALURU THE PETITIONER MAY BE ENLARGED ON BAIL. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner -sole Accused under Section 482 of BNSS praying to grant anticipatory bail in Crime No.214/2025 of Bagalur Police Station registered for offences punishable under Sections 11(iv) and 12 of the Protection of Children from Sexual Offences Act, 2012. 2. Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned High Court Government Pleader for the respondent No.1 –State. - 3 - HC-KAR NC: 2025:KHC:42036 CRL.P No. 13936 of 2025 3. Learned counsel for the petitioner would contend that the petitioner is principal of school and also running school as proprietor since last 30 years. There is a rivalry between the petitioner and other persons who are running School. At the instigation of persons who are in rivalry with this petitioner, a false complaint has been filed against the petitioner. The complainant is due school fees of four children studying in the school of the petitioner. The complainant has taken the law into his hands and closed the gate and locked it and it has affected the 500 students who are studying in the school who have to undertake the mid-term examination. The petitioner is ready to co-operate with the Police in investigation and abide by terms and conditions to be imposed by this Court. He further submits that the offence alleged against the petitioner is provided with a punishment which may extend to 3 years. With these, he prayed to allow the petition and grant of anticipatory bail to the petitioner. - 4 - HC-KAR NC: 2025:KHC:42036 CRL.P No. 13936 of 2025 4. Per contra, learned High Court Government Pleader for respondent No.1 -State would contend that in the statement of the victim recorded by the police and also recorded under Section 183 of the BNSS, she has specifically stated the acts of this petitioner of harassing her sexually. The victim is aged 16 years and as the investigation is in process, if the petitioner is granted anticipatory, he will hamper the investigation and tamper the prosecution witnesses. With these, he prays for dismissal of the petition. 5. Learned counsel for respondent No.2 would contend that the acts of the petitioner are attracted under Section 11(iv) of Protection of Children from Sexual Offence is punishable under Section 12 of the Protection of Children from Sexual Offence, 2012. The said offence is a non-bailable offence. The act of the petitioner has led to mental harassment of the child who was studying in the 10th standard. The accused is a married man having a girl - 5 - HC-KAR NC: 2025:KHC:42036 CRL.P No. 13936 of 2025 child of the age of the victim girl, i.e. 16 years. With these, she prays for rejection of the petition. 6. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 7. On the basis of the complaint lodged by the first informant/father of the victim, a case came to be registered against the petitioner in Crime No.214/2025 of Bagalur Police Station for offences punishable under Section 11(iv) and 12 of Protection of Children from Sexual Offence, 2012. On reading of averments of the complaint, the petitioner was running New Excellent Public School wherein the victim was studying in 10th Standard. The accused by getting some cloths, wireless headphones and making a video call during night hours has sexually harassed the victim girl and he had promised her to marry her. The statement of the victim has already been recorded by the police and also under Section 183 of the - 6 - HC-KAR NC: 2025:KHC:42036 CRL.P No. 13936 of 2025 BNSS. The major portion of investigation is over. The petitioner is not required for custodial interrogation. The petitioner is running a school wherein several children are studying, if the school is closed, it will affect the career of several children. Considering all these aspects, the petitioner has made out the case for grant of anticipatory bail with conditions. 8. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No. 214/2025 of Bagalur Police Station subject to following conditions; a) The petitioner -accused shall appear before the Investigating Officer within 10 days from this day and execute bail bond for - 7 - HC-KAR NC: 2025:KHC:42036 CRL.P No. 13936 of 2025 Rs.1,00,000/- with one surety for likesum to the satisfaction of the Investigating Officer. b) The petitioner -accused shall co-operate with the police in investigation. c) The petitioner -accused shall not tamper the prosecution witnesses either directly or indirectly. d) The petitioner -accused shall not contact the victim either personally or in any electronic modes. In view of disposal of the case, pending IA’s, if any, does not survive for consideration. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 10 Ct.sm