- 1 - NC: 2025:KHC:8845 CRL.P No. 1647 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1647 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. MANJU @ MANJUNAYAKA S/O CHANNAPPA @ GUNDA, AGED ABOUT 22 YEARS, R/AT MAREHALLI VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT-571 430. …PETITIONER (BY SRI. KEMPARAJU, ADVOCATE) AND: STATE OF KARNATAKA BY MALAVALLI RURAL POLICE STATION, MANDYA DIST. REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.181/2017 (S.C.NO.53/2021) OF THE RESPONDENT POLICE- MALAVALLI RURAL P.S., FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 504, 324, 341, 307, 506 R/W 34 OF IPC, PENDING ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, THIS DAY, PRONOUNCED THE FOLLOWING: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8845 CRL.P No. 1647 of 2025 DATE OF RESERVED THE ORDER : 27.02.2025 DATE OF PRONOUNCEMENT OF THE ORDER : 28.02.2025 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ CAV ORDER In this petition preferred under Section 483 of BNSS, 2023, petitioner/accused No.2 has prayed to enlarge him on bail in a case pending before the Court of V Additional District and Sessions Judge, Mandya in S.C.No.53/2021. 2. Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record. 3. In respect of an incident of assault which took place on 01.08.2017 at about 8.30 p.m., in Marehalli Village, Malavalli Taluk, Mandya, a case in Crime No.181/2017 came to be registered at Malavalli Rural Police Station against accused Nos.1 to 4, for offences punishable under Section 504, 341, 307, 324, 506 r/w 34 of IPC. - 3 - NC: 2025:KHC:8845 CRL.P No. 1647 of 2025 4. It is alleged by the prosecution that the accused have assaulted the first informant – Purushothama, his mother, sister and his father with iron rod, knife etc., with an intention to commit murder and caused injuries to them. 5. Charge sheet was filed against accused Nos.1 to 4 for offences punishable under Section 504, 341, 307, 324, 506 r/w 34 of IPC. 6. The material on record would reveal that the petitioner/accused No.2 was initially granted bail. After committal of the case to the Court of Sessions, charges were framed in S.C.No.53/2019 and trial commenced before the V Additional District and Sessions Judge at Mandya. PWs.1 to 6 were examined and at that time present petitioner remained absent and inspite of issuance of warrant, he could not be secured. Therefore, the case was split-up and registered as S.C.No.53/2021. He was then produced under warrant and remanded to J.C. He was enlarged on bail on 05.10.2021. Again, when the - 4 - NC: 2025:KHC:8845 CRL.P No. 1647 of 2025 matter was at the stage of recording 313 Cr.P.C., statement of the accused, he remained absent and therefore, once again the case was split-up. Warrant issued against him was unexecuted and therefore, the trial Court ordered for proclamation and attachment of movable and immovable properties, however, there was no property standing in the name of the accused. Even the notice issued to the surety remained unserved. Petitioner came to be arrested on 30.12.2024 and he has been remanded to judicial custody. 7. The learned counsel for petitioner would contend that the wife of petitioner was pregnant and she delivered a baby in the month of September 2023. Due to miscommunication with the Advocate who was representing the petitioner and due to family issues, petitioner could not appear before the trial Court. Now the petitioner’s child is 2 ½ years old and she is chronically ill and therefore, petitioner’s presence is very much required to take care of his wife and minor child. He contended - 5 - NC: 2025:KHC:8845 CRL.P No. 1647 of 2025 that petitioner is innocent of the alleged offence, he is the only bread earner of the family and therefore, be enlarged on bail by imposing any conditions. 8. Petitioner was shown indulgence twice. When the matter was posted for recording the statement of the petitioner, under Section 313 of Cr.P.C., he once again absconded. Therefore, the case against him was split-up and trial was held against accused Nos.1, 3 and 4. The matter pertains to the year 2017. The reasons assigned by the petitioner for his absence before the trial Court for such a long period, is not convincing and cannot be accepted. The learned Sessions Judge has rightly observed that when the accused was participating in the proceedings, he was very well aware of the pending case and nothing prevented him from appearing before the Court at the initial stage and his conduct shows that he has no respect to the legal process and violated the conditions of bail. - 6 - NC: 2025:KHC:8845 CRL.P No. 1647 of 2025 9. Learned Additional SPP has submitted that the main case held in S.C.No.53/2019 against accused Nos.1, 3 and 4 has been ended in conviction, vide judgment dated 06.03.2024. 10. Petitioner was already shown indulgence twice and granted bail. He has misused the liberty granted by remaining absent before the trial Court, which resulted in the case against him being split-up. Proclamation and attachment warrant was also issued. Due to his abscondance, the case against him could not be disposed of by the trial Court, whereas the trial held against accused Nos.1, 3 and 4 has been concluded. Further leniency cannot be shown to the petitioner, as his conduct does not entitle him the relief sought. Further, petitioner, once again fleeing from justice cannot be ruled out. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/ List No.: 1 Sl No.: 1