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2025 DAILYLAW 16992 (KAR)

MANJUNATHA @ KIRAN v. THE STATE OF KARNATAKA

CRL.P/2108/2025 · 2025-03-06

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:9586 CRL.P No. 2108 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2108 OF 2025 BETWEEN: MANJUNATHA @ KIRAN S/O KANTHARAJU, AGED ABOUT 24 YEARS, R/AT C/O NARAYANASWAMY, 3RD CROSS, KADUGODI, BENGALURU CITY - 560 067. PERMANENT ADDRESS NILUVAGILU, VILLAGE BESURU POST, KODALIPETE HOBLI, SOMAVARAPETE TALUK, KODAGU, KARNATAKA - 571 236. …PETITIONER (BY SRI. CHANDRAPPA K.N, ADVOCATE) AND: THE STATE OF KARNATAKA WHITEFIELD POLICE STATION, BANGALORE RURAL, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 067. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:9586 CRL.P No. 2108 of 2025 BAIL UNDER SEC.439 OF THE CODE OF CRIMINAL PROCEDURE IN CR.NO.418/2017 IN S.C.NO.236/2018 OF WHITEFILED P.S. FOR THE OFFENCE P/U/S 341, 504, 506, 427, 307 OF IPC PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE AT BENGALURU RURAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.236/2018 pending before the Court of Principal District and Sessions Judge, Bengaluru Rural District, Whitefield Police Station, Bengaluru city, for offences punishable under Sections 341, 504, 506, 427, 307 of IPC is before this Court in this successive bail petition filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned Counsel for the petitioner submits that on the merits of the case petitioner was granted regular bail earlier. For the reason that he had not appeared - 3 - NC: 2025:KHC:9586 CRL.P No. 2108 of 2025 before the Court, his presence was secured and he is now remanded to judicial custody. He submits that the petitioner shall regularly appear before the Trial Court. Accordingly, he prays to allow this petition. 4. Per contra, learned HCGP has not seriously opposed the petition. 5. Perusal of the material on record would go to show that in the incident that had taken place on 05.11.2017, the first informant or anybody else had not suffered any grievous injuries. Petitioner who was arrested in the present case on 06.11.2017, was granted regular bail on 14.10.2019 and subsequently, for the reason that he was not regularly appearing before the Trial Court, Non-Bailable Warrant was issued against him and his presence was secured on 18.12.2024 and on the said date he was remanded to judicial custody. 6. On the merits of the case the petitioner was already granted regular bail by the Jurisdictional Sessions - 4 - NC: 2025:KHC:9586 CRL.P No. 2108 of 2025 Court. It is only for the reason that he has not regularly appeared before the Trial Court, his presence has been secured and he is now remanded to judicial custody. For the mistake committed by the petitioner, he has been sufficiently punished. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.236/2018 pending before the Court of Principal District and Sessions Judge, Bengaluru Rural District, Whitefield Police Station, Bengaluru city, for offences punishable under Sections 341, 504, 506, 427, 307 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One - 5 - NC: 2025:KHC:9586 CRL.P No. 2108 of 2025 Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 66 CT: BHK