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2025 DAILYLAW 20429 (KAR)

SRI MANJAPPA v. THE STATE OF KARNATAKA

CRL.P/3992/2025 · 2025-04-08

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:15185 CRL.P No. 3992 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3992 OF 2025 BETWEEN: SRI MANJAPPA S/O MUNIYAPPA AGED ABOUT 48 YEARS R/O SIDDARTHANAGARA KADUR AT AND POST CHIKKAMAGALURU DISTRICT PIN - 577 548. …PETITIONER (BY SRI ONKAR K.B, ADV.) AND: THE STATE OF KARNATAKA KADUR POLICE STATION REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.31/2025, REGISTERED IN THE KADUR P.S FOR THE OFFENCES P/U/S 115(2).118(2),351(3),109(1),127(2),3(5) OF BNS, PENDING ON THE FILE OF THE HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15185 CRL.P No. 3992 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.31/2025 registered by Kadur Police Station, Chikkamagaluru, for the offences punishable under Sections 115(2), 118(2), 351(3), 109(1), 127(2) and 3(5) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.31/2025 was registered by Kadur Police Station, Chikkamagaluru, for the aforesaid offences against petitioner and two others based on the first information dated 21.01.2025 received from Shivamma, who is the mother of injured victim Raju. During the course of investigation, petitioner herein was arrested on 21.01.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.45/2025 was rejected on 18.02.2025. Therefore, he is before this Court. 4. A perusal of the allegations found in the first information would go to show that Raju, who is the victim in the present - 3 - NC: 2025:KHC:15185 CRL.P No. 3992 of 2025 case was working with the petitioner, who is a mason. The allegation in the first information is that for the reason that Raju had not gone for work, accused persons had summoned him and thereafter, assaulted him with an iron road and had locked him in an under construction house on 14.01.2025. After coming to know about the fact that victim was locked inside the house, the owner of the house had opened the door of the house and thereafter, shifted the victim to the Hospital. The Wound Certificate of the victim would go to show that he has suffered a fracture of tibia as a result of the assault made by accused persons. Undisputedly, petitioner has no other criminal antecedents and he is in custody from 21.01.2025. Victim has not suffered any injuries on the vital parts of his body as a result of the assault made by accused persons. Major portion of the investigation in the case is completed and weapon used to assault the victim has also been recovered in the present case. 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:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.31/2025 registered by Kadur - 4 - NC: 2025:KHC:15185 CRL.P No. 3992 of 2025 Police Station, Chikkamagaluru, for the offences punishable under Sections 115(2), 118(2), 351(3), 109(1), 127(2) and 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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 him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN