- 1 - HC-KAR NC: 2026:KHC:8857 CRL.P No. 12577 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12577 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. YASHAWANTHA @ GUNDA S/O KRISHNAMURTHY AGED ABOUT 21 YEARS R/AT ANCHIHALLY VILAGE HALEBEEDU HOBLI BELURU TALUK, HASSAN-01 …PETITIONER (BY SRI. PRATHEEP.K.C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY HASSAN RURAL POLICE STATION HASSAN DISTRICT REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. 2. GANGAMMA W/O LATE SIDDAIAH AGED ABOUT 70 YEARS R/AT YAREHALLI VILLAGE KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT-573201 …RESPONDENTS (BY SRI.MOHD. AYUB ALI, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8857 CRL.P No. 12577 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.180/2025 (CRIME NO.73/2025), PENDING ON THE FILE OF HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE AND FTSC-1 AT HASSAN, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 329(4), 64 AND 249 BNS, SECTION 4 OF POCSO ACT 2012, BY HASSAN RURAL POLICE. 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 accused No.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Spl. C No.180/2025 (Crime No.73/2025 of Hassan Rural Police Station) pending on the file of the learned Additional District Sessions Judge and FTSC-1, Hassan registered for offences punishable under Sections 137(2), 329(4), 64 and 249 of Bharatiya Nyay Sanhita, 2023 and Section 4 of Protection of Children From Sexual Offences Act, 2012. - 3 - HC-KAR NC: 2026:KHC:8857 CRL.P No. 12577 of 2025 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State. 3. In spite of service of notice, respondent remained absent and unrepresented. 4. The learned counsel for petitioner would contend that the statement of the victim has been recorded under Section 183 of BNSS wherein she has not alleged any sexual assault by the petitioner on her. The victim girl has been examined by the doctor and before the doctor, she has stated that she is in love affair with the petitioner since last one and a half year. The victim girl is aged 17 years and she is aware of consequences of her acts. The petitioner is in judicial custody since 09.04.2025. As charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. - 4 - HC-KAR NC: 2026:KHC:8857 CRL.P No. 12577 of 2025 5. Per contra, the learned Additional State Public Prosecutor for respondent/State would contend that the victim girl has specifically stated in her statement recorded under Section 183 of BNSS, that the petitioner has forcibly took her on the bike, snatched her phone, did not stop the bike and took her to Halebeedu to the house of his friend, Harish. It is contended that the victim girl has been tutored by the Advocate, to whom the petitioner had sent her through his friend, and that she has been tutored to give a statement in favour of the petitioner. The victim girl is aged 17 years. The offence alleged against the petitioner is a heinous offence. There is a prima facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition. 6. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. - 5 - HC-KAR NC: 2026:KHC:8857 CRL.P No. 12577 of 2025 7. As per the charge sheet, the case of the prosecution is that on 14.03.2025, the petitioner induced the victim girl on the promise of marrying her, kidnapped her on his motorcycle, and took her to the house of accused Nos.2 and 3, where she was kept in wrongful confinement. It is further alleged that on 19.03.2025, the petitioner forcibly committed sexual intercourse with her. The statement of the victim girl has been recorded under Section 183 of the BNSS, wherein she has not alleged any sexual intercourse on her by the petitioner. The victim girl has been examined by the doctor, and before the doctor, the victim girl has given history wherein she has stated that, she is having love affair with the petitioner since last one and a half years, and she has not alleged any sexual intercourse by the petitioner. The victim girl is aged 17 years and she is of the age of understanding the consequences of her acts. The petitioner is aged 21 years. As charge sheet is filed, the petitioner is not required for - 6 - HC-KAR NC: 2026:KHC:8857 CRL.P No. 12577 of 2025 further custodial interrogation. There are no criminal antecedents of the petitioner. 8. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Special Case No. 180 of 2025 under Record Spl. C No.180/2025 (Crime No.73/2025 of Hassan Rural Police Station) pending on the file of the learned Additional District Sessions Judge and FTSC-1, Hassan registered for offences punishable under Sections 137(2), 329(4), 64 and 249 of Bharatiya Nyay Sanhita, 2023 and Section 4 of Protection of Children From Sexual Offences Act, 2012 subject to following conditions. 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. - 7 - HC-KAR NC: 2026:KHC:8857 CRL.P No. 12577 of 2025 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. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 34