- 1 - HC-KAR NC: 2025:KHC:42644 CRL.P No. 10185 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 10185 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: MANJUNATHA ALIAS MANIKANTA S/O NINGARAJU, AGED ABOUT 36 YEARS, R/AT DEVAYYANAHUNDI VILLAGE, SRIRAMAPURA, 2ND STAGE, MYSURU -570 008. …PETITIONER (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: THE STATE OF KARNATAKA BY KOLLEGAL TOWN POLICE, CHAMARAJANAGARA DISTRICT, REPRESENTED BY THE STATE PUBLIC PORSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL, IN CRI.NO.43/25 OF KOLLEGALA TOWN POLICE, FOR O/P/U/S. 103(1) OF BNS 2023, NOW PENDING IN C.C.NO.241/25, PENDING ON THE FILE OF THE LD. ADDL. CIVIL JUDGE (SR.DN.) AND JMFC, KOLLEGALA. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:42644 CRL.P No. 10185 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 483 of BNSS praying to grant of bail in Crime No.43/2025 of Kollegal Town Police Station registered for the offence punishable under Section 103(1) of BNS. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel of for the petitioner would contend that C.W.2 who is cited as eye witness in the charge sheet has accompanied the accused to the police station on the date of incident at 06.45 p.m. and his statement has been recorded on 07.03.2025 and there is a delay in recording his statement creates a doubt as to whether he is an eye witness or not. The incident has taken place in a sudden quarrel. There are no criminal antecedents. Charge sheet is filed, the petitioner is not - 3 - HC-KAR NC: 2025:KHC:42644 CRL.P No. 10185 of 2025 required for custodial interrogation. With this, he prayed to allow the petition and grant bail to the petitioner – accused. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the offence alleged against the petitioner is a heinous offence. C.W.2 is a eyewitness to the incident. Charge sheet materials show prima facie case against the petitioner for the offence alleged against him. With this, he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet records and other materials placed on record. 6. The accusation against the petitioner is that as the deceased has left the work assigned by him in the half without completing it. He went to ask him to the room where he was staying and at that time when deceased stated angrily that he will not come for his work. Therefore, the petitioner assaulted with a knife on his - 4 - HC-KAR NC: 2025:KHC:42644 CRL.P No. 10185 of 2025 stomach and it has been seen by C.W.2 who was accompanying the accused. The petitioner has been arrested on the same day at 06.45 p.m. and the eyewitness C.W.2 was with him at that time. The police asked him to come to police station and he went to the police station. The same has been stated by C.W.2 in his statement. Even though he has went to police station on the same day i.e., on 04.03.2025, his statement has been recorded on 07.03.2025. Learned counsel for the petitioner submits that delay in recording the statement of C.W.2 creates a doubt as to whether he is an eye witness or not. The incident has taken place in a sudden quarrel and there are no criminal antecedents of the petitioner. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner has made out a case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. - 5 - HC-KAR NC: 2025:KHC:42644 CRL.P No. 10185 of 2025 ii) The petitioner is granted bail in Crime No.43/2025 of Kollegal Town Police Station registered for offence punishable under Section 103(1) of BNS subject to following conditions; a) The petitioner –accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court; b) The petitioner –accused shall not tamper the prosecution witnesses either directly or indirectly; c) The petitioner –accused shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 24