Bangalore District Court
Gourav Agarwal vs Kanakaraj on 14 January, 2026
KABC030132412020
IN THE COURT OF THE XLVIII ADDITIONAL CHIEF JUDICIAL
MAGISTRATE BENGALURU
DATED: THIS THE 14th DAY OF JANUARY 2026
PRESENT: SMT. JYOTI SHANTAPPA KALE
LLM
CRIMINAL CASE NO. 3510/2020
COMPLAINANT :- State by Wilson Garden Police
Station
(Represented By. Sr. APP)
ACCUSED PERSON :- Kanakaraj
S/o Late Chinnadorai,
Aged about 30 years,
R/o No.189, 2nd Cross,
K.S. Garden, Lalbagh Road,
Bengaluru - 560 027.
(Represented By. Sri. N.G.
Advocate)
DATE OF COMMENCEMENT 08.01.2025
OF EVIDENCE
DATE OF CLOSING OF 18.12.2025
EVIDENCE
DATE OF JUDGMENT 14.01.2026
ACCUSED ARE CHARGED U/s. 354(C) of IPC
FOR OFFENCES
UPSHOT OF THE CASE Accused is acquitted of the
alleged charges
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JUDGMENT
This judgment is the outcome of the final report filed by the Police Inspector of Wilson Garden Police Station, Bengaluru against the accused for the offences punishable U/s. 354(C) of IPC.
2. Brief Facts Of The Case Of Prosecution:-
The case of prosecution is that on 14.10.2019 within the limits of Wilson Garden Police Station in Bangalore City at Nanjappa Road, the accused went to the houses of CW.1 and CW.3 and others and peeped into the private rooms, where women were going to toilet, taking a bath and sleeping, the accused used to bang on the windows and doors and making noise in a manner that embarrassed the women and thus accused has committed the offence punishable under Section 354(C) of IPC.
3. In response to court summons the accused appeared through his counsel Sri. N.G. and has been enlarged on bail. Cognizance was taken for the alleged offences. The prosecution papers have been furnished to the accused person through his counsel as contemplated U/s 207 Cr.P.C. Heard before 3 C.C. No.3510/2020 framing of Charges. Charges were framed, read over and explained to the accused in Kannada language known to him, having understood the same he pleaded not guilty of alleged offences and claimed to be tried.
4. As per the charge sheet the prosecution has cited 10 witnesses. Out of these witnesses the prosecution has examined 5 witnesses as PW-1 to PW.5 and Ex.P-1 to Ex.P-6 are marked.
5. Statement of accused under Section 313 Cr.P.C was recorded and incriminating evidence in the case of prosecution was read over to the accused. The accused denied the incriminating evidence against him and submitted he has no defense evidence.
6. Heard arguments of learned APP for the prosecution and learned counsel for the accused. Counsel for the Accused also filed written arguments. Perused the entire materials on record.
7. On the basis of the materials on record the following points arise for the consideration:-
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1. Whether the prosecution proves beyond reasonable doubt that on 14.10.2019 within the limits of Wilson Garden Police Station in Bangalore City at Nanjappa Road, the accused went to the houses of CW.1 and CW.3 and others and peeped into the private rooms, where women were going to toilet, taking a bath and sleeping, the accused used to bang on the windows and doors and making noise in a manner that embarrassed the women and thus accused has committed the offence punishable under Section 354(C) of IPC?
2. What order?
8. My answers to the above points are as under:
Point No.1 :- In the Negative Point No.2 :- As per final order for the following:
REASONS
9. Reasoning On Point No.1:- The offences alleged against the accused is punishable under Sections 354(C) of IPC.
10. To bring home the guilt of the accused person, the prosecution has examined 5 witness as PW-1 to PW.5 and Ex.P-1 to Ex.P-6 are marked.
11. The case of the prosecution is that on 14.10.2019 within the limits of Wilson Garden Police Station in Bangalore 5 C.C. No.3510/2020 City at Nanjappa Road, the accused went to the houses of CW.1 and CW.3 and others and peeped into the private rooms, where women were going to toilet, taking a bath and sleeping, the accused used to bang on the windows and doors and making noise in a manner that embarrassed the women and thus accused has committed the offence punishable under Section 354(C) of IPC.
12. The CW.9 by name Bhava Khan is examined as PW.1. He has deposed that on 13.10.2019 he along with CW.8 were appointed for patrolling duty. He received the message that an unknown person is peeping into the windows of Chowdappa Road. He went to the spot and met one Agraval. He told him about the incident. He went near the HDFC Bank and caught the accused with the help of general public. The accused told that his name is Kanakaraj. He brought the accused to the station and gave his report. He identified the accused.
13. CW.5 by name Gowtham Kumar is examined as PW-
2. He has deposed that on 13.10.2015 he has singed the Ex.P.1 at Chotala Road. He has signed the Ex.P.1 as per the 6 C.C. No.3510/2020 say of police. He turned hostile to the case of prosecution and learned APP cross-examined PW.2.
14. The CW.10 by name Savithri. K.C is examined as PW.3 and she has deposed that on 14.10.2019 at about 8.00 am when she was in station duty CW.1 came to the station and lodged the written complaint, which was registered under Cr.No.144/2019 and FIR was submitted to the court. On the same day in the place shown by the CW.1, she conducted mahazar from 10.45 am to 11.30 am in the presence of CW.4 and CW.5. On the same day HC No.9731 and CW.8 and CW.9 had brought the accused to the station. She arrested the accused. She recorded the statement of CW.9 and voluntary statement of the accused. CW.1 produced 2 photographs and one pendrive which was received by her and submitted under PF No.48/2019. She recorded the statement of CW.2 and CW.3. On 14.01.2020 she produced the victim before the Magistrate of 14th ACMM Bengaluru to record her statement u/s 164 of Cr.P.C. On 25.01.2020 she received the statement of victim and after investigation she submitted charge sheet to the court. She identified Ex.P.1 to Ex.P.4 and the accused. 7
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15. The CW.6 by name J.S. Renuka Prasad is examined as PW.4. He has deposed that he is the president of resident Welfare Association of Shantinagar. The Shantinagar has one whats app group including all the residents and the same group is created for discussion of the facilities of the resident. In the year 2019 one Anuradha and Gourav Agraval had messaged in the whats app group alleging that some person comes in the night and peeps into their house and windows. Therefore they got installed CCTV cameras. They found that the accused was roaming near the house of Gourav Agraval. Several times the accused was seen in the CCTV and many had complaint about the accused and therefore they lodged the complaint before the police. He came to know that the accused had come near the house and therefore they went in search of the accused and they found the accused in double road. The Police caught the accused and took him into their custody. He identified the accused and stated he has given his statement before the Police.
16. The CW.3 by name Annapurna is examined as PW.5. She has deposed that she has a house in Chowdappa circle of 8 C.C. No.3510/2020 Shantinagar and there is a PG for girls. When the girls were walking outside their PG the accused was misbehaving with them. In the month of October-2019 when she was taking bath in her bathroom, the accused was peeping into the window of the bathroom and made improper noises. She scolded him and at that time the accused abused her in Telugu language. There is a association of resident in Shantinagar. The accused has also misbehaved with CW.2 which was told by CW.2 to the CW.1. After this incident CCTV camera were installed. On 14.10.2019 she met her father and went to her home. When she was on the way to her home at about 11.00 pm the accused started following her and called her in the window. She got scared and therefore messaged in the group. The residents decides to catch the accused. They had previously reported to the police that some person is roaming in their locality. On 14.10.2019 at 12.00 am the residents of Shantinagar caught the accused. She identified the accused and stated that she has given her statement to the police, but she do not remember if she has given her statement u/s 164 of Cr.P.C to the Hon'ble Magistrate.
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17. The prosecution has produced Exh.P-1 to Exh.P-6. Exh.P-1 is the mahazar, Exh.P-2 is the complaint, Ex.P.3 is the FIR, Exh.P-4 is the report, Exh.P-5 is the statement and Exh.P-6 is the statement.
18. As per the case of prosecution the incident occurred on 14.10.2019 when the accused was peeping into the house and windows of CW.1. In the Ex.P.2 the complaint dated 14.10.2019 the complainant by name Gourav Agraval S/o Surendra Agraval has stated that a person who was peeing through their bathroom and bedroom windows during night hours and trying to watch women. The same was informed to the police station earlier and the Shantinagar Welfare Association and had met the Circle Inspector in this regard. Around one month back installed the CCTV footage on the person climbing the grill on the first floor. On 13th October they spotted him once again and informed the police on whats app group and also called the station and informed them. It is further mentioned that one of the residents followed him and rest of them got together and caught him near HDFC Bank Sudhamanagara and handed him to the police. The accused 10 C.C. No.3510/2020 used to knock on the window of the bathroom and make some noise and gestures, while ladies were using the bathroom, bedroom while changing cloths. Thus, as per Ex.P.2 the complainant is one Gourav Agraval. The Gourav Agraval CW.1 is not examined in this case. CW.2 is also not examined. CW.7 and CW.8 are also not examined. As stated above the mahazar witnesses CW.2 has turned hostile to the case of prosecution. Evidence of PW.5 i.e., victim by name Annapurna is of utmost importance. She has deposed that on 14.10.2019 at about 11.00 pm the accused followed her to her home and made indecent gesture through her window. In the cross- examination she has stated that she has once visited the police station and gave her statement on 14.10.2019. She gave her statement as she has identified the accused. She admits that her house is at 1st Floor and that she do not remember when did the accused has exactly came near her home. She admits that there is a public road in front of her house and that if any incident happens the public will reported to the police. She admit that in the PG there students and working women, but they have not lodged any complaint against the accused. She admits that her bathroom window is 6 ft., but after the 11 C.C. No.3510/2020 incident she has raised it to 9 ft., she has further stated that the accused has climbed 9 ft. of window and peeped into her bathroom. She admits that the message which was sent by her in the whats app group is not given to the Investigating Officer. The PW.4 in his cross-examination has stated that in the year 2019 when he received the message in the whats app group, he went to the station and lodged complaint. He admits that he has not received any written complaint against the accused to his association. He admits that the police have not taken the whats app group chats. The Investigating Officer PW.3 in his cross-examination has stated that there is delay of 7 months in lodging the complaint and that he has reported the reason for delay in FIR. The admission given by the PW.3 shows that he has not enquired about the incidents that took place for 6 months. He admits that he has not produced the station dairy to the court. He admits that in the mahazar page No.1 there is no signature of the mahazar witnesses and the name of scribe of mahazar witness is not mentioned. He admits that he has not seized any CCTV footage from the place of incident, but CW.1 had given him a pendrive. He admits that at the place of incident there is police check post at gate No.1 and he has not 12 C.C. No.3510/2020 recorded the statement of said police. He admits that he has not seized the CCTV footage and DVR. He admits that he has not taken the whats app group chats at the time of his investigation. In this case the CW.1 lodged the complainant and who has given the pendrive to the Investigating Officer. The PW.3 has not explained as to why he has not taken the chats in the whats app group of the residents. When the victim had 1st messaged in the whats app group about the presence of accused near her home, it was incumbent upon the Investigating Officer to get the details of the whats app chats and verified it. All the witnesses have stated that in the resident of Shantinagar, they had installed CCTV cameras. The Investigating Officer has not collected the CCTV footage from the locality and that the Investigating Officer has not made proper investigation about the presence of accused near home of the victim. The witnesses of the prosecution i.e., PW.4 and PW.5 have deposed that one of the resident of the locality followed the accused and caught him and in the meantime the police also came and caught him, whereas the PW.1 has stated that on 13.10.2019 he caught the accused, but in fact the said incident as per the case of the prosecution occurred on 13 C.C. No.3510/2020 14.10.2019. The CW.1 is not examined, the mahazar witness has turned hostile. The prosecution has failed to guilt of the accused beyond reasonable doubt. The evidence of investigating officer is not sufficient to prove the guilt of the accused. Thus in the absence of cogent oral and documentary evidence the prosecution has utterly failed to prove the alleged offenses against the Accused. Hence Point No.1 is answered in Negative.
19. Point No. 2:- For the aforesaid reasons this court proceed to pass the following:
ORDER Acting U/s.248(1) of Cr.P.C. accused is hereby Acquitted of the offences punishable U/s.354(C) of IPC.
The cash security deposited by the accused for his release on bail shall be refunded on proper identification.
(Dictated by me on computer, typed by the stenographer, same was corrected by me and then pronounced in open Court on this the 14th day of January 2026) (JYOTI SHANTAPPA KALE) XLVIII ACJM, BENGALURU 14 C.C. No.3510/2020 ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION:-
PW.1 Bhava Khan PW.2 Gowtham Kumar PW.3 Savithri. K.C PW.4 J.S. Renuka Prasad PW.5 Annapurna
LIST OF EXHIBITS MARKED ON BEHALF OF PROSECUTION:-
Ex.P.1 Mahazar Ex.P.2 Complaint Ex.P.3 FIR Ex.P.4 Report Ex.P.5 Statement Ex.P.6 Statement LIST OF EXHIBITS MARKED ON BEHALF OF ACCUSED:-
- NIL -
LIST OF MATERIAL OBJECTS GOT MARKED :-
- NIL -
(JYOTI SHANTAPPA KALE) XLVIII ACJM, BENGALURU