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2025 DAILYLAW 15268 (KAR)

SRI MANU @ MANOHARA v. STATE OF KARNATAKA

CRL.P/1423/2025 · 2025-03-21

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:11906 CRL.P No. 1423 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1423 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI MANU ALIAS MANOHARA SON OF ANJINAPPA AGED ABOUT 29 YEARS RESIDING AT NELLUKUNTE VILLAGE HESARAGHATTA HOBLI YELAHANKA T ALUK BANGALORE RURAL DISTRICT PIN CODE - 561203 …PETITIONER (BY SRI. P.M. GOPI, ADV. FOR SRI. SIDDAMALLAPPA P. M., ADV.) AND: STATE OF KARNATAKA BY RAJANUKUNTE POLICE, BENGALURU - 561203 REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP.) THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL FOR THE OFFENCE P/U/S 324, 307, 504, 506 R/W 34 OF IPC, OF THE RESPONDENT POLICE - RAJANUKUNTE POLICE, IN CC.NO.2991/2024 (CRIME NO.0006/2024) PENDING ON THE Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11906 CRL.P No. 1423 of 2025 FILE OF LEARNED II ADDL. CJM, BANGALORE RURAL DISTRICT, BANGALORE AND THE RESPONDENT POLICE MAY BE DIRECTED TO GET THE PETITIONER AT LIBERTY IN THE EVENT OF THEIR ARREST, BY ALLOWING THIS BAIL PETITION. THIS PETITION, COMING ON FOR ORDERS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in Crime No.6/2024 registered by Rajanakunte Police Station, Bengaluru for offences under Sections 324, 307, 504 and 506 R/w Section 34 of Indian Penal Code (for short 'the IPC') is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.6/2024 was registered by Rajanakunte Police Station, Bengaluru for the aforesaid offences against Venkatesh and others based on the first information dated 04.01.2024 received from Lakshmisha, who is one of the injured in the present case. Apprehending arrest in the said case, petitioner, who is arrayed as accused No.3 in the FIR has filed Crl.Misc.No.10065/2024 before the - 3 - NC: 2025:KHC:11906 CRL.P No. 1423 of 2025 jurisdictional Sessions Court, which was rejected on 02.05.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that victims in the present case have suffered only simple injury. Accused Nos.1 and 2, who were arrested in the present case have been granted regular bail. Accused No.1 was granted regular bail in Crl.P.No.1672/2024 vide order dated 11.06.2024 and accused No.2 was granted regular bail in Crl.P.No.10851/2024 vide order dated 13.11.2024 and accused No.5 has been granted anticipatory bail in Crl.P.No.1870/2024 vide order dated 20.03.2024. Investigation of the case is already completed and charge sheet is filed. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition, does not dispute the submissions made by learned counsel for the petitioner. 6. Perusal of material on record would go to show that FIR in the present case was registered against Venkatesh and others based on the first information submitted by Lakshmisha, who is one of the injured in the incident in question. Perusal of - 4 - NC: 2025:KHC:11906 CRL.P No. 1423 of 2025 the wound certificate of Lakshmisha and Naveen Kumar, who is the other injured victim in the present case would go to show that Lakshmisha and Naveen have suffered one lacerated wound each and the said injury is certified as simple injury by the doctor, who had treated the injured. Accused Nos.1 and 2 have been granted regular bail in the present case by this Court and accused No.5 has been granted anticipatory bail by this Court. Investigation of the case is completed and charge sheet has been filed. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.6/2024 registered by Rajanakunte police station for the offences punishable under Sections 324, 307, 504 and 506 R/w Section 34 of IPC, subject to the following conditions: - 5 - NC: 2025:KHC:11906 CRL.P No. 1423 of 2025 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE BH List No.: 1 Sl No.: 38