[Cites 16, Cited by 0]
Karnataka High Court
Mr.Ivankapper vs State Of Karnataka By on 16 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:9343
CRL.P No. 14612 of 2025
HC-KAR
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
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI (BY SRI. S. RAJ PRABHU, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA 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
-2-
NC: 2026:KHC:9343
CRL.P No. 14612 of 2025
HC-KAR
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,
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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
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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
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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
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ORDER
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
