- 1 - HC-KAR NC: 2025:KHC:30056 CRL.P No. 9605 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9605 OF 2025 BETWEEN: ALBERT I S/O ISRAEL, AGED ABOUT 25 YEARS, R/O, NO. 1, D-BLOCK, ANANDANAGAR, HAL, BENGALURU -5600. …PETITIONER (BY SRI. LINGARAJU K.R..,ADVOCATE) AND: 1. STATE BY KADUGODI POLICE STATION, REP., BY IT'S SPP., HIGH COURT OF KARNATAKA, BENGALURU - 560 001 2. SALMA, W/O, BABU KHAN, (MOTHER OF THE COMPLAINENT), AGED ABOUT 40 YEARS, R/O, NO.2, SLUM BOARD QUARTERS, 1ST BLOCK, JAI BHEEM NAGAR, KADUGODI, BENGALURU 5600. …RESPONDENTS (BY SRI. G.M.SHARATH KUMAR., ADVOCATE FOR R2; SRI. RANGASWAMY.R., HCGP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30056 CRL.P No. 9605 of 2025 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER ON REGULAR BAIL ARRESTED IN CR.NO.285/2025, REGISTERED BY THE KADUGODI POLICE STATION, FOR THE OFFENCES P/U/S 75 OF BNS AND SEC. 8, 10 AND 12 OF POCSO ACT 2012, PENDING BEFORE THE FTSC- 1 BENGALURU CITY, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to enlarge him on bail in Crime No.285 of 2025 of Kadugodi Police Station, Bangalore City, registered for offences punishable under Section 8, 10, 12 of the POCSO Act, 2012 and Section 75 of the BNS 2023. 2. Heard the arguments of the learned counsel for petitioner, learned High Court Government Pleader and the learned counsel appearing for respondent No.2, defacto complainant. Perused the material on record. 3. In the complaint lodged by the victim's mother, it is alleged that on 07.06.2025 at about 6.00 p.m., when - 3 - HC-KAR NC: 2025:KHC:30056 CRL.P No. 9605 of 2025 her daughter aged about 17 years was returning home, after purchasing vegetables, via Kodigehalli Public Sadramangal Lake way, accused herein wrongfully restrained her, behaved in an indecent manner by dragging her, pressed her chest, hugged and kissed her and also tried to put his hand in her private part. When she screamed, he left her and ran away. 4. The learned counsel for the petitioner contended that the petitioner is innocent and he has been falsely implicated in this case. He further contended that even earlier, a similar complaint was lodged against the petitioner and the said case has been ended in acquittal. He submitted that the petitioner is in judicial custody from 10.06.2025 He is not required for further interrogation and he is ready to abide by any conditions which may be imposed by the court. 5. Learned High Court Government Pleader and the learned counsel appearing for respondent No.2 argued - 4 - HC-KAR NC: 2025:KHC:30056 CRL.P No. 9605 of 2025 that in view of the statement of the victim recorded under Section 183 of BNSS, there is a prima facie case against the petitioner. The petitioner has committed similar acts against the victim even earlier. Therefore, it he is released on bail, he may once again commit similar offences and also threaten the victim and other prosecution witnesses. 6. Learned counsel for the petitioner has made available a copy of the judgment passed in Special Case No.274 of 2022 by the Court of Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru. It is seen that a case was registered against the petitioner for offences punishable under Section 366A, 376, 506 of Indian Penal Code, 1860 and under Sections 4 and 6 of POCSO Act, 2012. The learned Sessions Judge has acquitted him by judgment dated 27.01.2023, of the charged offences. 7. The allegations made in the present case is that while the victim was returning home after purchasing - 5 - HC-KAR NC: 2025:KHC:30056 CRL.P No. 9605 of 2025 vegetables, the accused restrained her and behaved in an indecent manner with her by pulling her hand, hugging, kissing and pressing her chest and also trying to put his hand in her private part. The statement of the victim is already recorded under Section 183 of BNSS. The contentions raised by the learned counsel is that the petitioner is innocent and he has been falsely implicated and that he was not at all present at the spot. It is contended that a similar case was registered even earlier and the petitioner was in custody for a considerable period of time in the said case and later he was acquitted after a full-fledged trial. 8. Petitioner is arrested in the present case on 10.06.2025 and he is in judicial custody since then. 9. Considering the above facts and circumstances, by imposing stringent conditions, the relief sought in the petition can be granted. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC:30056 CRL.P No. 9605 of 2025 O R D E R (i) Petition is allowed. (ii) Petitioner shall be enlarged on bail in Crime No.285 of 2025 of Kadugodi Police Station, subject to the following conditions: (a) He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. (b) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. (c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. (d) He shall not tamper with the prosecution witnesses either directly or indirectly. (e) He shall not contact the victim, threaten or intimidate her in any manner. - 7 - HC-KAR NC: 2025:KHC:30056 CRL.P No. 9605 of 2025 (f) He shall appear before the trial Court on all dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE SS List No.: 1 Sl No.: 53