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Karnataka High Court
Yashwantha @ Gunda vs The State Of Karnataka on 13 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:8857
CRL.P No. 12577 of 2025
HC-KAR
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
Digitally signed by
LAKSHMINARAYANA HASSAN DISTRICT
MURTHY RAJASHRI
Location: HIGH
REP BY ITS STATE PUBLIC PROSECUTOR
COURT OF HIGH COURT OF KARNATAKA
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)
-2-
NC: 2026:KHC:8857
CRL.P No. 12577 of 2025
HC-KAR
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.
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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.
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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.
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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
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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.
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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
