Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 11389 (KAR)

MR.IVANKAPPER v. STATE OF KARNATAKA BY

CRL.P/14612/2025 · 2026-02-16

Shivashankar Amarannavar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:9343 CRL.P No. 14612 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14612 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR.IVANKAPPER AGED ABOUT 61 YEARS S/O IVAN KAPPER HOSTEL WARDEN REDBRIDGE INTERNATIONAL SCHOOL 114, S BINGIPURA VILLAGE HULIMANGALA POST, BEGUR - KOPPA RD, BENGALURU, KARNATAKA – 560 105. PERMANENT RESIDENT OF NAGURUJOTE OPP. MOTHER DAIRY, (SATSANGNAGAR) NIMAI, DARJEELING, WEST BENGAL - 734 010 …PETITIONER (BY SRI. S. RAJ PRABHU, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANNERUGATTA POLICE STATION. REP BY SPP OFFICE HIGH COURT BUILDINGS HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. MR. ZAMEER AHAMAD S/O NOT KNOWN TO PETITIONER AGED ABOUT 50 YEARS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9343 CRL.P No. 14612 of 2025 R/AT: No. 25, MUSTAFA COLONY, VIJAYAPURA, KARNATAKA-586 101. …RESPONDENTS (BY SRI MOHD. AYUB ALI, ADDL. SPP FOR R1 R2 SERVED BUT UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED No.7 ON BAIL IN CR.NO.256/2025 REGISTERED BY BANNERGHATTA P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 352, 351(2), 351(3), 190 OF BNS ACT, UNDER SECTION 4(2), 5(G), 5(L), 6, 8, 9(G), 9(L), 10, 12, 21 OF THE POCSO ACT, UNDER SECTION 75 OF THE J.J ACT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 7 as per FIR and accused No.1 as per chargesheet under Section 483 of BNSS praying to grant bail in Crime No. 256/2025 of Bannerghatta Police Station registered for offence under Sections 49, 115(2), 118(1), 189(2), 352, 351(2), 351(3), 190 of BNS and Sections 4(2), 5(G), 5(L), 6, 8, - 3 - HC-KAR NC: 2026:KHC:9343 CRL.P No. 14612 of 2025 9(G), 9(L), 10, 12, 21 of POCSO Act and Section 75 of Juvenile Justice Act. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent - State. 3. Learned counsel for petitioner would contend that petitioner was working as a Warden in the school, wherein it is alleged that juvenile Nos. 1 to 6 have harassed C.W.2 – victim boy mentally and physically. It is alleged that the said juvenile Nos. 1 to 6 have done so at the instigation of the petitioner. Petitioner has been shown as accused No. 7 in the FIR and accused No. 1 in the chargesheet. Investigation is over and chargesheet has been filed. There is no allegation against this petitioner of assaulting the victim boy either physically or sexually. Said allegation is against juvenile Nos. 1 to 6. Petitioner is in judicial custody since 08.09.2025. As charge sheet is filed petitioner is not required for custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. Accused No.2 - 4 - HC-KAR NC: 2026:KHC:9343 CRL.P No. 14612 of 2025 who is the Principal and against whom similar allegations are made has been granted anticipatory bail by the Sessions Court. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra learned Additional SPP would contend that statement of the victim boy has been recorded under Section 183 of BNSS wherein he has specifically stated the acts of juvenile Nos. 1 to 6, assaulting him physically and sexually. Victim boy has also stated that when he made complaint to the petitioner - warden, he has not taken any action against juvenile Nos. 1 to 6. Chargesheet material show prima facie case against the petitioner for the offence alleged against him. With this, he prayed to reject the petition. 5. Having heard learned counsel for the parties the Court has perused the chargesheet and other materials placed on record. 6. On perusal of the chargesheet case of prosecution is, that the petitioner was working as warden - 5 - HC-KAR NC: 2026:KHC:9343 CRL.P No. 14612 of 2025 and accused No. 2 was working as Principal in Red Bridge International Academy School. In the said school, C.W.2 - victim boy was studying in 10th standard, wherein, juvenile Nos. 1 to 6 were also studying. It is alleged that juvenile Nos. 1 to 6 have harassed C.W.2 on 03.09.2025, 04.09.2025, 05.09.2025 and 06.09.2025 physically and sexually and have told the victim boy that they have done so at the instance of petitioner and Principal - accused No. 2. Petitioner is in judicial custody since 08.09.2025 and as chargesheet is filed he is not required for further custodial interrogation. Whether petitioner has abetted juvenile Nos. 1 to 6 to commit the alleged offence is a matter of trial. There are no criminal antecedents of the petitioner. Petitioner has undertaken to appear before the trial Court and abide by any conditions to be imposed by this Court. 7. Considering the above aspects petitioner has made out a case for grant of bail with conditions. 8. In the result, the following - 6 - HC-KAR NC: 2026:KHC:9343 CRL.P No. 14612 of 2025 O R D E R Petition is allowed. Petitioner is granted bail in Crime No. 256/2025 of Bannerghatta Police Station subject to following conditions: I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioner shall attend the trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 25 Ct.sm