Badra Alam Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.No.107/2025 REGISTERED BY RESPONDENT POLICE IN DOBBESPET P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 75(2) OF BNSS AGAINST PETITIONER, PENDING BEFORE THE HON’BLE PRINCIPAL CIVIL JUDGE (JR.DN) AND

¶18

NC: 2025:KHC:43265 CRL.P No. 13318 of 2025

¶19

2 -

¶20

HC-KAR

¶21

JMFC COURT, NELAMANGALA, BENGALURU RURAL DISTRICT AND ETC.,

¶22

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶23

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶24

ORAL ORDER

¶25

This petition is filed by the sole accused under Section 482 of BNSS is praying to grant of anticipatory bail in Crime No.107/2025 of Dobbespet Police Station registered for offence punishable under Section 75(2) of BNS.

¶26

Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State.

¶27

Learned counsel for the petitioner would contend that that the alleged incident has taken place on 30.06.2025 and FIR/complaint is registered on 09.07.2025 and there is a delay in filing complaint. The petitioner is ready to co-operate with the police in investigation and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the

¶28

3 - NC: 2025:KHC:43265 CRL.P No. 13318 of 2025

¶29

HC-KAR

¶30

petition and grant of anticipatory bail to the petitioner – accused.

¶31

Per contra , learned Additional SPP for the

¶32

respondent –State would contend that the petitioner under the guise of performing religious rituals has committed sexual harassment on the victim. If the petitioner is granted anticipatory bail, he may misuse his position and under the guise of performing religious rituals, he may commit similar offence. With this, she prayed for dismissal of the petition.

¶33

Having heard learned counsels, this Court has

¶34

perused FIR, complaint and other materials placed on record.

¶35

On the basis of the complaint of the victim, a case came to be registered against petitioner in Dobbespet Police Station in Crime No. 107/2025 for the offence punishable under Section 75(2) of BNS. As per averments of the first information, the petitioner alleged to have took

¶36

4 - NC: 2025:KHC:43265 CRL.P No. 13318 of 2025

¶37

HC-KAR

¶38

the victim in a room and under the guise of performing religious rituals, has removed her burka and touched her chest and put his hand on her body. The incident has taken place on 03.06.2025 and the complaint has been filed on 09.07.2025. There is a delay in filing the complaint. The complainant has explained the reason for the delay in the averments of the complaint. The offence alleged against the petitioner is provided with a punishment which may extend to 03 years. The petitioner has undertaken to co-operate with the police in the investigation and abide by terms and conditions to be imposed by this Court. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions.

¶39

7. In the result, the following

¶40

ORDER

¶41

i) The petition is allowed.

¶42

NC: 2025:KHC:43265 CRL.P No. 13318 of 2025

¶43

5 -

¶44

HC-KAR

¶45

ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.107/2025 of Dabaspet Police Station subject to following conditions;

¶46

a) The petitioner -accused shall appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer.

¶47