Karnataka High Court
Albert I vs State By on 4 August, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
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CRL.P No. 9605 of 2025
HC-KAR
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,
Digitally REP., BY IT'S SPP.,
signed by HIGH COURT OF KARNATAKA,
LAKSHMI T
BENGALURU - 560 001
Location:
High Court
of Karnataka 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)
-2-
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CRL.P No. 9605 of 2025
HC-KAR
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
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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
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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
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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:
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ORDER
(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.
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(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
