No woman safe: Karnataka HC denies relief to man accused of trying to take photos of woman changing clothes

The Karnataka High Court on Tuesday refused to quash a first information report (FIR) filed against a man accused of trying to take photos of a woman while she was changing clothes in the trial room of a textile shop [Faisal Ulla Sharif @ Faisal Ulla Shariff v. State of Karnataka].

Justice M Nagaprasanna orally observed that if such incidents are taken lightly, no woman would be safe.

"The woman gets into a trial room and you shoot! How can any clothes store be safe for a woman if you go on shooting through the curtains? Case is of voyeurism. We will not spare such people. Even if an allegation comes that in the trial room, you have kept a camera… no woman is safe," the judge said.

The case concerns an incident that is said to have occurred in 2024, when a 28-year-old woman went to buy clothes at a Jayanagar shop. The accused was charged with taking care of the shop.

After selecting some clothes, the woman entered the trial room to change her clothes, but noticed a small gap in the door. An investigation found that the accused was trying to take private photos of the girl while she was changing her clothes through this gap.

The accused was booked under Section 77 of the Bharatiya Nyaya Sanhita, 2023 (BNS) which punishes the offence of voyeurism. A chargesheet was and the case is pending before a trial court in Bengaluru.

The accused moved the High Court to quash the case.

His counsel denied the allegations against his client and urged the High Court to look at the investigation material (extract panchnama).

He added that this client was 19 years old at the time of the incident and that a chargesheet was already filed in the matter.

However, the Court was not inclined to quash the FIR at the pre-trial stage.

"By the time she (complainant woman) came out to take the phone, you (may have) deleted ... If chargesheet has been filed, go seek discharge ... Everything depends on trial. If people go on keeping phones in the trial room, who is safe? ... Even if you argue for 10 hours, I am not going to entertain. Such people should be taught a lesson. You may get acquitted. But I will not entertain under 482 (Section 482 CrPC/ 528 BNSS, which empowers courts to quash FIRs in the exercise of their inherent powers)," Justice Nagaprasanna said.

The Court eventually allowed the petitioner's counsel to withdraw the petition and seek other appropriate remedies.