Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 73279 (KAR)

MANCHEGOWDA v. THE STATE OF KARNATAKA

CRL.P/9625/2025 · 2025-07-28

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:28972 CRL.P No. 9625 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9625 OF 2025 BETWEEN: MANCHEGOWDA, S/O BYREGOWDA, AGED ABOUT 23 YEARS, R/O GANGADHARAIAH BUILDING, 2ND FLOOR, LAKSHMIDEVINAGARA, MUNESHWARA BLOCK, LAGGERE, BENGALURU - 560 058. …PETITIONER (BY SRI. SYED AKBAR PASHA., ADVOCATE) AND: THE STATE OF KARNATAKA, SOLADEVANAHALLI POLICE STATION, R/P BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI.R.RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT REGULAR BAIL IN S.C.NO.303/2023 REGISTERED BY THE RESPONDENT SOLADEVANAHALLI POLICE FOR THE OFFENCE P/U/S 397, 511 R/W 34 OF IPC WHICH IS PENDING ON THE FILE OF LEARNED PRL.DIST. AND SESSIONS JUDGE BENGALURU RURAL DIST. AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28972 CRL.P No. 9625 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner is arraigned as accused No.3 in the charge sheet filed by Soladevanahalli Police, Bengaluru City, in their police station Crime No.42/2019. 3. FIR was registered against three unknown persons, on 07.03.2019, for offences punishable under Sections 341, 324, 504, 506 read with Section 34 of IPC. Charge sheet is filed against accused Nos.1 to 3 for offences punishable under Sections 397, 511 read with Section 34 of IPC. 4. It is alleged that, on 07.03.2019 at about 8:45 p.m., when the complainant by name Manjayya Hiremath was proceeding to his house, the accused stopped him, picked up quarrel and assaulted him with a knife in an - 3 - HC-KAR NC: 2025:KHC:28972 CRL.P No. 9625 of 2025 attempt to snatch his mobile phone and when he screamed, on seeing the public approaching, they fled away. 5. The material on record would reveal that the petitioner, arraigned as accused No.3 was enlarged on bail by the learned Magistrate. On committal of the case to the Court of Sessions, he was released on bail on the same terms and conditions as imposed by the learned Magistrate. He was directed to offer surety and to execute a personal bond for a sum of Rs.50,000/-. The warrant issued against him was recalled with a warning to be regular in the future hearing dates. As, the petitioner was unable to furnish surety, he was arrested under Non- Bailable Warrant on 14.05.2025 and since then he is in judicial custody. 6. Learned High Court Government Pleader has contended that the petitioner is a rowdy-sheeter of Soladevanahalli Police Station and there are three more - 4 - HC-KAR NC: 2025:KHC:28972 CRL.P No. 9625 of 2025 cases registered against him and therefore, if he is released on bail, he may once again commit similar offences and also flee from justice. 7. It is not in dispute that in the instant case, the petitioner was granted bail by the Court below. After committal of the case to the Court of Sessions, as he was unable to furnish surety, once again Non-Bailable Warrant was issued and he has been arrested. 8. Petitioner has undertaken to furnish sufficient surety for his release and to abide by conditions which may be imposed. 9. In the above facts and circumstances, by imposing stringent conditions, the petitioner can be released on bail. Accordingly, the following: ORDER i) Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:28972 CRL.P No. 9625 of 2025 ii) Petitioner / accused No.3 in S.C.No.303/2023 pending before the Court of Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru (Crime No.42/2019 of Soladevanahalli Police Station, Bengaluru City) shall be released on bail subject to following conditions: a) Petitioner/accused No.3 shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. c) He shall mark his attendance before Soladevanahalli Police Station on 2nd and 4th Saturday of every month for a period of six months or until conclusion of the trial, whichever is earlier. - 6 - HC-KAR NC: 2025:KHC:28972 CRL.P No. 9625 of 2025 d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall not indulge himself in any criminal activities. f) He shall appear before the trial Court regularly on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE KVR List No.: 1 Sl No.: 28