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2025 DAILYLAW 20273 (KAR)

MR. MANJUNATHA v. THE STATE BY KODIGENAHALLI POLICE STATION

CRL.P/3772/2025 · 2025-04-16

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:15754 CRL.P No. 3772 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3772 OF 2025 BETWEEN: MR. MANJUNATHA S/O NANJUNDAPPA AGED ABOUT 26 YEARS R/O CHELURU VILLAGE HINDUPURA TALUK ANANTHAPURA DISTRICT ANDRA PRADESH - 515 001. …PETITIONER (BY SRI S. VINAY KEERTHY, ADV., FOR SRI PRABHU PUJAR S, ADV.) AND: THE STATE BY KODIGENAHALLI POLICE STATION, TUMAKURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS / ACCUSED NO.3 ON BAIL IN CR.NO.72/2022, S.C.NO.5009/2023 OF KODIGENAHALLI POLICE STATION, TUMKURU DISTRICT FOR THE ALLEGED OFFENCES P/U/S 394 AND 397 R/W 34 OF IPC, WHICH IS PENDING ON THE FILE OF IV ADDL. DIST. AND SESSIONS JUDGE, MADHUGIRI, TUMKUR DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15754 CRL.P No. 3772 of 2025 ORAL ORDER 1. Accused no.3 in Crime No.72/2022 registered by Koratagere Police Station, Tumakuru District, for the offences punishable under Sections 394, 397, 34 IPC, is before this Court under Section 439 Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.72/2022 was registered by Koratagere Police Station, Tumakuru District, initially for the offence punishable under Section 392 IPC against three unknown persons based on the first information dated 18.03.2022 received from Nandeeshwara Aradya.M.R., S/o Rudraiah.M., wherein it is alleged that on 18.03.2022 at about 9.45 p.m., when the first informant and his wife were traveling in a motor bike, their vehicle was intercepted by a car and two persons who got down from the car showed weapons to them and snatched the gold chain and first informant's wife and also snatched the mobile phone of the first informant, and thereafter, escaped in the car. During the course of investigation, petitioner herein was arrested and remanded to judicial custody. After completing investigation, charge sheet - 3 - NC: 2025:KHC:15754 CRL.P No. 3772 of 2025 has been filed. Bail application filed before the jurisdictional Sessions Court by the petitioner was rejected. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that petitioner is a habitual offender involved in committing similar offences in the State of Karnataka as well as in the State of Andhra Pradesh. He is also arrayed as an accused in a case registered for the offence punishable under Section 302 IPC and Section 25(1) of the Arms Act. 5. The material on record would go to show that accused no.2 who was arrested in the present case as against whom similar allegations are found in the charge sheet, had approached this Court in Crl.P.No.7730/2022 and the coordinate bench of this Court vide order dated 12.09.2022 has rejected his bail application. The offences alleged in the present case are punishable with life imprisonment. Even the co- accused persons are found to be habitual offenders and it is under these circumstances, this Court has rejected the bail application of accused no.2 in Crl.P.No.7730/2022. In the event, the petitioner is enlarged on bail, chances of he - 4 - NC: 2025:KHC:15754 CRL.P No. 3772 of 2025 indulging in committing similar offences cannot be ruled out and it would also be difficult to secure his presence. In the present case, there is recovery from the petitioner after he was arrested and the same would make out a prima facie case against the petitioner. Under the circumstances, I am of the opinion that his prayer for regular bail needs to be rejected. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK