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2025 DAILYLAW 35262 (KAR)

MANJUNATHA @ MANJU v. STATE OF KARNATAKA BY

CRL.P/12541/2024 · 2025-01-10

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:1054 CRL.P No. 12541 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12541 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: MANJUNATHA @ MANJU S/O RAJU, AGED ABOUT 45 YEARS, NO. 48, BYARAVESHWARANAGAR, LAGGERE, BANGALORE 560 058 …PETITIONER (BY SRI. NINGARAJA M.N., ADVOCATE) AND: STATE OF KARNATAKA BY REP. BY RAJAGOPALANAGAR POLICE STATION, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560 001. …RESPONDENT (BY SRI. HARISH GANAPATI, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE ABOVE NAMED PETITIONER/ ACCUSED NO.1 ON BAIL IN C.C.NO.19809/2003 (CR.NO.362/2003) OF RAJAGOPALNAGAR POLICE STATION FOR THE OFFENCE P/U/S 307 OF IPC, PENDING ON THE FILE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1054 CRL.P No. 12541 of 2024 OF LEARNED XXXI ACJM COURT AT BANGALORE, ON SUCH TERMS AND CONDITIONS THAT THIS HONBLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is arraigned as Accused No.1 in Crime No362/2003 of Rajagopalanagar Police Station, Bengaluru city, registered for an offence punishable under Section 307 of IPC. He has preferred this petition seeking bail. 2. The allegations are that on 18.08.2003 at about 8.30 p.m., petitioner and two others picked up a quarrel with the injured by name Shivakumar and assaulted him with long and knife with an intention to commit his murder and caused injuries to him. 3. It is pertinent to mention that petitioner was granted bail initially by the Sessions Court. He failed to appear before the trial Court, hence, warrants and subsequently, proclamation was issued. Due to his absence, trial could - 3 - NC: 2025:KHC:1054 CRL.P No. 12541 of 2024 not be proceeded. On 21.10.2024, i.e., after 20 years of the incident, petitioner was secured under warrant. Learned Sessions Judge, while dismissing the bail petition, has observed that grant of bail to the petitioner will cause further delay in deciding the criminal case and there is a prima facie case against him. Petitioner has violated the bail conditions and absconded himself for 20 years. 4. In the facts and circumstances, petitioner is not entitled for bail at this stage. Liberty is reserved to the petitioner to file a petition before the Sessions Court after the examination of the injured/complainant. 5. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE bnv List No.: 1 Sl No.: 30