P.DEEPAK KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused in Spl.C.C.No.979/2023, pending before the Fast Track Court ' I, Additional City civil and Sessions Judge, Bengaluru, arising out of crime No.145/2023 registered by Yelahanka Police, Bengaluru City, for the offences punishable under Sec. 354A of the IPC and Ss. 11(2)(b) and 12 of the POCSO Act, is before this Court under Sec. 439 of the Cr.P.C.

(2.) Heard the learned counsel for the parties.

(3.) On the basis of the complaint dtd. 6/4/2023, by Astrid Tengzelius, wife of Sebastian Tengzelius, FIR in crime No.145/2023, was registered by Yelahanka Police, Bengaluru, for the aforesaid offences against unknown person. In the complaint it is stated that, on the night of 6/4/2022, at about 1.13 a.m., the minor daughter of the complainant screamed and hearing her, the complainant and her husband woke up. Immediately, the complainant and her husband went towards the room of their minor daughter and on enquiring her, she informed them that a person had entered into her room and had woken her up by the flash light of the mobile. She also informed that the said person showed her the photograph of a woman with big breasts in his mobile. He also tried to touch her but when she screamed, he had left the place. Based on the said complaint, FIR in crime No.145/2023 was registered against unknown person. During the course of investigation, the petitioner who is a security guard of the apartment in which the complainant and her family are residing was arrested on 6/4/2023 and remanded to judicial custody. Investigation is complete and charge sheet has been filed. The bail petition filed by the petitioner before the Court of FTSC-1, Additional City Civil and Sessions Judge, Bengaluru, in Crl.Misc.No.5516/2023 was rejected by order dtd. 16/8/2023. Therefore, the petitioner is before this Court.