Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12131 CRL.P No. 3077 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3077 OF 2025 BETWEEN:
MANI @ MANU, S/O MAHADEVAIAH, AGED ABOUT 28 YEARS, R/ AT KUMBARA BEEDI, RAMANAGARA ROAD, KANAKAPURA TOWN, KANAKAPURA - 562 117.
PRESENT ADDRESS GUNDANJANEYA COLONY, RAVUGONDLU, UTTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE CITY, KARNATAKA - 560 061. …PETITIONER (BY SRI. M KRISHNE GOWDA.,ADVOCATE) AND:
STATE OF KARNATAKA STATE BY KAGGALIPURA P.S., RPTD BY HIGH COURT GOVT PLEADER, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI.K.NAGESHWARAPPA., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:12131 CRL.P No. 3077 of 2025
THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.419/2022 OF KAGGALIPURA POLICE NOW IN S.C.NO.54/2023 PENDING BEFORE VIII ADDL.DISTRICT AND SESSIONS JUDGE AT BENGALURU RURAL FOR THE OFFENCE P/U/S 120B, 143, 448, 302 R/W 149 OF IPC.
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.54/2023 is pending before the Court of VIII Additional District and Sessions Judge, Bengaluru Rural District, arising out of Crime No.419/2022 registered by Kaggalipura Police Station, Ramanagara District, for offences punishable under Sections 120B, 143, 448, 302 and 149 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail.
2. Heard the learned counsel for the parties.
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NC: 2025:KHC:12131 CRL.P No. 3077 of 2025
3. Petitioner had earlier approached this court in Crl.P.No.9732/2023 which was dismissed as withdrawn by
order 06th November, 2023 with liberty to approach this Court after examination of C.W.1 to C.W.3 is completed before the Trial Court.
4.
Learned Counsel for the petitioner submits that C.W.1 to C.W.3, who are the alleged eye-witnesses have been examined before the Trial Court as P.W.1 to P.W.3 and they have turned hostile to the case of prosecution. Petitioner is in custody from 06.11.2022 and other accused persons have been enlarged on bail. Accordingly, he prays to allow this petition.
5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the
learned counsel for the petitioner.
6. Petitioner is in custody in the present case from
06.11.2022. After completion of investigation, chargesheet has been filed against five persons and petitioner is
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NC: 2025:KHC:12131 CRL.P No. 3077 of 2025
arraigned as accused No.1 in the chargesheet. Accused Nos.2 to 5 have been already enlarged on bail in the present case. The earlier bail application filed by the petitioner in Crl.P.No.9732/2023 was dismissed as withdrawn by this Court on 6th November, 2023 with liberty to approach this Court after examination of C.W.1 to C.W.3 is completed before the Trial Court.
7. It is brought to the notice of this Court that C.W.1 to C.W.3 have been now examined before the Trial Court as P.W.1 to P.W.3 and the aforesaid witnesses, who are the alleged eye-witnesses to the incident in question, have turned hostile to the case of the prosecution. Considering the aforesaid aspects of the matter and also having regard to the period of petitioner's incarceration, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed.
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NC: 2025:KHC:12131 CRL.P No. 3077 of 2025
The petitioner is directed to be enlarged on bail in S.C.No.54/2023 is pending before the Court of VIII Additional District and Sessions Judge, Bengaluru Rural District, arising out of Crime No.419/2022 registered by Kaggalipura Police Station, Ramanagara District, for offences punishable under Sections 120B, 143, 448, 302 and 149 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One 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;
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NC: 2025:KHC:12131 CRL.P No. 3077 of 2025
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 35