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2025 DAILYLAW 73726 (KAR)

MR MANOJ KUMAR NAYAK @ BANI v. STATE OF KARNATAKA

CRL.P/11141/2025 · 2025-09-01

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:34055 CRL.P No. 11141 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 11141 OF 2025 BETWEEN: MR MANOJ KUMAR NAYAK @ BANI S/O SHANKARASHAN NAYAK AGED ABOUT 25 YEARS R/AT No. 206, 1ST MAIN ROAD 1ST CROSS, KAVERIPURA NEAR VEERAMJI PRINTERS KAMAKSHIPALYA, BENGALURU - 560 079. PERMANENT R/O LUNGA VASUDEVPURA VILLAGE HEDTAL TALUK BHADRAK DISTRICT ODISHA - 756 124. …PETITIONER (BY SRI SHANKAR H S, ADVOCATE) AND: STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.167/2025 OF VIDYARANYAPURA P.S., Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34055 CRL.P No. 11141 of 2025 BENGALURU PENDING ON THE FILE OF THE VII ADDL. CMM COURT, NRUPATUNGA ROAD, BENGALURU REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 311 OF BNS, 2023. 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 seeking to enlarge him on bail in Crime No.167/2025 of Vidyaranyapura Police Station registered for the offence punishable under Section 311 of BNS, 2023. 2. It is the case of prosecution that on 30.05.2025 at about 05.40 a.m. when the victim was walking from her house to buy milk, near Apoorva Apartment, 7th Cross, Vemanna layout, Vidyaranyapura, Bangalore City, two Persons came on a Bike, pointed a knife at her and snatched the gold mangalya chain she was wearing, weighing about 20 grams and fled away. 3. Both the accused came to be arrested on 08.06.2025. From them, motorcycle bearing registration - 3 - HC-KAR NC: 2025:KHC:34055 CRL.P No. 11141 of 2025 number No.KA-64 E 5923, a knife and a piece of gold mangalya chain were recovered. 4. Learned counsel for the petitioner contended that, petitioner is innocent and he has been falsely implicated in the case. In the FIR, no specific identification and details of the accused are mentioned and therefore, the say of the prosecution that after the arrest, petitioner was identified by the victim is not correct. He contends that investigation is complete and charge sheet is filed. Petitioner is in custody from 08.06.2025. Therefore, sought to allow the petition by imposing conditions. 5. Learned HCGP on the other hand, has opposed the petition seeking bail, contending that from the petitioner a piece of gold mangalya chain belonging to the victim has been recovered and the said mangalya chain has been identified by the victim. Further, she has identified the petitioner in the test identification period. He contended that the petitioner has three more cases registered against him, which shows that he is an habitual offender and - 4 - HC-KAR NC: 2025:KHC:34055 CRL.P No. 11141 of 2025 therefore, if he is released on bail, he may commit similar offence and he may flee from justice. 6. A perusal of the complaint averments goes to show that when the victim was proceeding by walk in the early morning, to buy milk, two persons came on a motorcycle and at knife point, robbed her gold mangalya chain weighing about 20 grams, valued at Rs.1,45,000/-. After the arrest of accused, piece of gold mangalya chain has been recovered, which is identified by her. Petitioner is arraigned as accused No.2. He has been identified by the victim in the test identification period conducted in the prison on 21.06.2025, by the Taluk Executive Magistrate. 7. Learned HCGP has furnished the details of the cases in which the petitioner is involved, which are as under: (i) Crime No. 514/2018 of Rajagopal Nagar Police Station registered under Section 379 IPC; - 5 - HC-KAR NC: 2025:KHC:34055 CRL.P No. 11141 of 2025 (ii) Crime No. 109/2025 of Vidyaranyapura Police Station registered under Section 304(2) of BNS 2023; (iii) Crime No. 15/2025 of Kyatsandra Police Station registered under Section 303(2) of BNS, 2023. 8. It is stated that the petitioner is a resident of State of Odisha. Considering the antecedents of the petitioner, he is not entitled for bail. If the petitioner is released on bail, repeating similar offence and fleeing from justice is not ruled out. Hence, the criminal petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 39