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2025 DAILYLAW 41437 (KAR)

MAHESH YAMANOOR @ YAMANOOR v. STATE OF KARNATAKA

CRL.P/14995/2025 · 2025-11-25

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48775 CRL.P No. 14995 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14995 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MAHESH YAMANOOR @ YAMANOOR S/O APPANNA KAMBAR @ AYYAPPA AGED ABOUT 27 YEARS PRESENTLY R/AT: NEAR FLORENCE SCHOOL BASAVANNA NAGAR, HOODI BENGALURU -560 048. PERMANENT R/AT: No 4-1633 DARGA ROAD, UPPER LA SANTRASWADI, GULBARGA-585 101. …PETITIONER (BY SRI. GIRISH R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HAL PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT THE BAIL THEREBY DIRECTING THE RESPONDENT HAL POLICE TO RELEASE THE PETITIONER / Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48775 CRL.P No. 14995 of 2025 ACCUSED IN CR.No.426/2025 PENDING ON THE FILE OF THE HON’BLE XXIX CJM BENGALURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 75(2) OF BNS. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of BNSS praying to grant bail in Crime No.426/2025 of H.A.L Police Station registered for the offence punishable under Section 75(2) Of BNS. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent - State. 3. Learned counsel for petitioner would contend that now the charge sheet has been filed against this petitioner for offences under Section 75(2) and 79 of BNS. The petitioner is in judicial custody since 08.09.2025 and as the charge sheet is filed, this petitioner is not required for any custodial interrogation. The statement of witnesses does not indicate any incident taken place in front of the PG as alleged - 3 - HC-KAR NC: 2025:KHC:48775 CRL.P No. 14995 of 2025 in the complaint. Even though PG is having CCTV footage, the Investing Officer has then not collected CCTV footage. The offence alleged under Section 75(2) of BNS is provided with punishment which may extend upto 03 years and offence under Section 79 is provided with punishment which may extend upto 03 years. There are no criminal antecedents of the petitioner. With these, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent -State would contend that the statement of the victim girl has been recorded under Section 183 of BNSS, wherein she has specifically stated the acts of this petitioner. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that when the victim lady was moving on the bike of the petitioner, as she had booked the same, the petitioner - 4 - HC-KAR NC: 2025:KHC:48775 CRL.P No. 14995 of 2025 touched her thigh and she pushed his hand and objected for the same. When the victim reached her destination, the petitioner is stated to have witnessing obscene video in his mobile and expressed his feelings. The offences alleged against the petitioner under Sections 75(2) and 79 of BNS are provided with punishment for imprisonment which may extend upto 03 years. The petitioner is in custody since 08.09.2025. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.426/2025 of H.A.L Police Station subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:48775 CRL.P No. 14995 of 2025 a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case. d) The petitioner shall not commit any offence. If the petitioner is found having committed any offence, the prosecution is at liberty to move an application seeking cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 11 Ct.sm