- 1 - HC-KAR NC: 2025:KHC:34304 CRL.A No. 1264 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 1264 OF 2025 BETWEEN: SRI K MANJUNATH @ MANJU S/O LATE KRISHNAPPA AGED ABOUT 44 YEARS R/AT NO. 250, 1ST MAIN ROAD, PREMANAGARA, LAGGERE, BENGALURU 560 058, …APPELLANT (BY SRI. SREENIVAS C. ,ADVOCATE) AND: 1. STATE OF KARNATAKA BY NANDINI LAYOUT POLICE STATION, REPRESENTED BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560 001. 2. SMT. PUSHPA W/O LATE RAVI, AGED ABOUT 30 YEARS, R/AT OPP. TO SHIVA TEMPLE ROAD, LAGGERE MAIN ROAD, LAGGERE, CHOWDESHWARI NAGAR, BANGALORE 560 058. …RESPONDENTS (BY SRI. RANGASWAMY.R, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34304 CRL.A No. 1264 of 2025 THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 07.04.2025 VIDE ANNEXURE-D PASSED IN SPL.C.NO.1752/2023 ON THE FILE OF THE HONBLE LXX ADDL.CITY CIVIL AND SESSION JUDGE, BENGALURU DISTRICT AT BENGALURU AND ENLARGE THE APPELLANT/ACCUSED NO.1 ON BAIL IN CR.NO.154/2023 REGISTERED BY THE RESPONDENT NO.1 NANDINI LAYOUT POLICE BENGALURU FOR THE OFFENCE P/U/S 302 OF IPC AND SEC.3(2)(V) OF SC/ST (POA) ACT 1989 WHICH IS PENDING ON THE FILE OF THE HONBLE LXX ADDL.CITY CIVIL AND SESSION JUDGE, BENGALURU DISTRICT AT BENGALURU IN SPL.C.NO.1752/2023. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL JUDGMENT This appeal is preferred under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short SC/ST (POA) Act), praying to set aside the order dated 07.04.2025 passed in Spl.C.No.1752/2023 by the Court of LXX Additional City Civil and Sessions Judge, Bengaluru and consequently to enlarge the appellant/accused No.1 on bail. 2. Heard the learned counsel for appellant, learned High Court Government Pleader for the State and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:34304 CRL.A No. 1264 of 2025 3. Appellant is arraigned as accused No.1 in Crime No.154/2023 of Nandini Layout Police Station, Bengaluru City, registered for the offence punishable under Section 302 of IPC and Section 3(2)(v) of the SC/ST (POA) Act, 1989. The said case was registered on a complaint lodged by Smt. Pushpa, wife of deceased Ravi, against 5 named accused and others. 4. On completion of investigation, charge sheet is filed for the offence punishable under Section 120-B, 149 and Section 302 of IPC and Section 3(2)(v) of the SC/ST (POA) Act, 1989. 5. Learned counsel for appellant has contended that all other accused except the appellant herein, are enlarged on bail and therefore, on the ground of parity, appellant is also entitled for bail. He further contended that the incident has taken place during mid night and therefore, case of the prosecution that there are eyewitnesses to the incident cannot be believed. He submitted that the appellant is in custody from 28.05.2023, he has two minor children and therefore, by imposing any conditions, he may be enlarged on bail. - 4 - HC-KAR NC: 2025:KHC:34304 CRL.A No. 1264 of 2025 6. Learned HCGP has contended that appellant and other accused have committed the murder of one Ravi by assaulting him with dagger and also dropping a big stone on him. The statements of eyewitnesses namely C.Ws.11, 15, 20 and 21 are recorded. They have clearly stated about the participation of all the accused in the commission of offence. He contended, motive is attributed against the petitioner and if he is released on bail, there are chances of tampering the prosecution witnesses and also fleeing from justice. He has therefore, sought to dismiss the petition. 7. It is the case of prosecution that accused Nos.1 to 8 were known to the deceased. There was some money dispute between the deceased and accused Nos.1 and 2. Hence, they were nurturing ill-will against him. On 24.05.2023, the accused had gone to attend the birthday party of CW.11-Krishna Murthy. At about 08:20 p.m, all of them had dinner, at that time, a verbal quarrel took place between the deceased and the accused. CW.11 intervened and sent the deceased to his house. At bout 09:30 p.m., accused Nos.1 and 2 with an intention to commit murder, brought dagger from the house of accused No.2. All the accused went near the house of CW.11. Accused - 5 - HC-KAR NC: 2025:KHC:34304 CRL.A No. 1264 of 2025 No.1 sent accused Nos.3 to 8 to the house of the deceased to secure him. Deceased was then brought near the house of CW.11 at about 11:15 p.m., wherein he was assaulted and murdered by the accused. 8. As per prosecution, CWs.11, 15, 20 and 21 are the eyewitnesses. Their evidence is yet to be recorded. The contention of the learned counsel, that since the incident took place in the mid night, the eyewitnesses are fabricated etc., cannot be accepted at this stage. 9. Learned HCGP has contended that blood stained clothes of the appellant have been recovered after his arrest. 10. As per postmortem report, deceased has sustained 18 injuries. Cause of death is due to hemorrhage and shock as a result of multiple sharp force injuries sustained. 11. Grant of bail to other accused persons, is not a ground to enlarge the appellant on bail. The learned Sessions Judge while dismissing the bail petition of the appellant, has taken into consideration the serious nature of the allegations and gravity of the offence. It is rightly observed that the - 6 - HC-KAR NC: 2025:KHC:34304 CRL.A No. 1264 of 2025 allegations does not stand on similar allegations made against other accused persons. 12. Since eyewitnesses namely CWs.11, 15, 20 and 21 are not yet examined, this is not a fit case to enlarge the appellant on bail. No grounds are made out to set aside the order passed by the Sessions Court to enlarge the appellant on bail. 13. Appellant is granted liberty to move for bail after the examination of eye witnesses. Appeal is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 25