- 1 - HC-KAR NC: 2025:KHC:44919 CRL.P No. 10109 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10109 OF 2025 BETWEEN: MANJUR PASHA, S/O NABI SAB, AGED ABOUT 43 YEARS, R/AT NO.118, NEAR DON BASCO SCHOOL, SHIVANANJAPPA LAYOUT, ABBIGERE, BENAGALURU CITY, BENGALURU - 560 009. …PETITIONER (BY SRI. VIVEK N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY GANGAMMANAGUDI POLICE STATION, BENGALURU CITY. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. MEHABOOB, S/O NAWAZ KHAN, AGED ABOUT 21 YEARS, SARKARI SCHOOL, MALADAKAL, DEVADURGA, RAICHUR, KARNATAKA - 884 113. …RESPONDENTS (BY SMT RASHMI PATEL, HCGP FOR R1) THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) TO CANCEL THE BAIL GRANTED BY THIS Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44919 CRL.P No. 10109 of 2025 HONBLE COURT IN CRL.P NO.13379/2024 IN FAVOUR OF THE RESPONSENT NO.2 IN CONNECTION WITH CR.NO.133/2023, GANGAMMANAGUDI POLICE STATION IN THE COURT OF CITY CIVIL AND SESSIONS JUDGE FTSC-II AT BENGALURU NOW SPLC.NO.2879/2023 FOR OFFENCES P/U/S 376 AND 363 OF IPC AND SECTION 4 AND 6 OF POCSO ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This Criminal petition under Section 439(2) of Cr.PC is filed with a prayer to cancel the bail granted to the respondent by this Court in Crl.P.No.13379/2024 on 19.06.2022. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. 3. Respondent No.2 herein had approached this Court in Cr.P.No.13379/2024 seeking regular bail under Section 439 of Cr.PC in Spl.C.No.2879/2023 pending before the Court of City Civil and Sessions Judge, FTSC - II, Bengaluru, arising out of Crime.No.133/2023 registered by Gangammana Gudi Police Station for offences - 3 - HC-KAR NC: 2025:KHC:44919 CRL.P No. 10109 of 2025 punishable under Sections 376 and 363 of IPC and Sections 4 and 6 of POCSO Act. 4. Learned counsel for the petitioner submits that respondent No.2 was found standing in front of the petitioner's house and there are materials to prove his identity. He has placed reliance on the photographs produced by him along with the petition and submits that since respondent No.2 was found in front of petitioner's house, the bail granted to petitioner in Crl.P.No.13379/2024 needs to be cancelled, as he has violated condition (c) and (e) of the Order passed in Crl.P.No.13379/2024. 5. Perusal of the material on record would go to show that petitioner as well as respondent No.2 are the residents of the same locality. Learned counsel for the petitioner has fairly submitted that house of the respondent No.2 is at a distance of about 600 metres from the house of the petitioner. Therefore, merely for the - 4 - HC-KAR NC: 2025:KHC:44919 CRL.P No. 10109 of 2025 reason that respondent No.2 was found in front of the petitioner's house, no exception can be taken for the same. There is no such allegation in the petition that respondent No.2 had misbehaved with the petitioner or the victim in the present case. Therefore, it cannot be said that petitioner has violated condition (c) imposed by this Court in Crl.P.No.13379/2024. 6. It is also not the case of the petitioner that respondent No.2 has left the jurisdiction of the trial Court without the permission of the said Court. Therefore there is absolutely no merit in the contention urged on behalf of the petitioner that respondent No.2 has violated condition (e) found in order passed in Crl.P.No.13379/2024. 7. This Court having appreciated that petitioner aged about 21 years was a student pursuing his second year P.U.C and the material charge sheet witnesses including the victim have been examined in the present case, has granted regular bail to the petitioner in - 5 - HC-KAR NC: 2025:KHC:44919 CRL.P No. 10109 of 2025 Crl.P.No.13379/2024 which was allowed on 19.06.2025. This Court also has taken note of the fact that further proceedings in Spl.C.No.2879/2023 has been stayed by the Hon'ble Supreme Court in Special Leave to Appeal Crl.No.18353/2024. It is trite that unless supervening circumstances are pointed out, a bail granted to the accused cannot be cancelled. The petitioner has not made out any circumstance which warrants cancellation of the bail granted to respondent No.2. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 2