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2025 DAILYLAW 82596 (KAR)

MANJUNATHA v. STATE OF KARNATAKA

CRL.P/13978/2025 · 2025-11-14

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46569 CRL.P No. 13978 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13978 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MANJUNATHA S/O NANJUNDAPPA, AGED ABOUT 25 YEARS R/AT CHELURU VILLAGE, HINDUPURA MANDAL AND TALUK, ANANTHAPURA DISTRICT-515201 ANDRA PRADESH …PETITIONER (BY SRI. SHEKARAPPA.,ADVOCATE) AND: 1. STATE OF KARNATAKA KODIGENAHALLI POLICE STATION TUMKURU DIST NOW REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU HIGH COURT COMPLEX BANGALORE-560001. …RESPONDENT (BY Smt.RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46569 CRL.P No. 13978 of 2025 NO.3 ON BAIL IN CONNECTION WITH CR.NO.51/2022 OF KODIGEHALLI P.S., AND NOW SC.NO.5009/2023, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 394, 397 R/W 34 OF IPC, PENDING ON THE FILE OF THE LEARNED IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMKURU, SITTING AT MADHUGIRI. 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 accused No.3 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.51/2022 of Kodigenahalli Police Station pending in SC No.5009/2023 on the file of the learned 4th Additional District and Sessions Judge, Madhugiri registered for the offences punishable under Sections 394, 397 and 34 IPC. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State 3. The learned counsel for the petitioner would contend that, the FIR has been filed against unknown - 3 - HC-KAR NC: 2025:KHC:46569 CRL.P No. 13978 of 2025 persons, and the name of this petitioner has not been stated in the complaint. The accused Nos.1 and 2, who were similarly placed to that of this petitioner, have been granted bail by the Committal Court. The father of the petitioner died recently. The petitioner is ready to abide by any conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that the petitioner is having criminal antecedent. He is involved in Crime Nos.72/2022, 100/2022 and 83/2022 in Tumkur District and Crime No.236/2022 of Hindupura Rural PS. There is recovery of robbed articles at the instance of accused No.1. CW2 has sustained a simple injury on his thigh. The charge sheet shows prima facie case against the petitioner. If the petitioner is granted bail, there are chances of he committing similar offence. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:46569 CRL.P No. 13978 of 2025 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. As per the charge sheet, the case of the prosecution is that accused Nos.1 to 3 came in Toyota Itios car bearing Regn. No.KA 50/6750 and stopped the bike on which CWs.1 and 2 were coming. The accused No.1 had kept the engine of the car in start mode. At that time, accused Nos.2 and 3 got down from the car and they have shown knife and long chopper to CWs.1 and 2 and threatened them and accused No.3 by showing a knife to CW1 has snatched 10 grams golden chain from the neck of CW2, and accused No.2 has shown long chopper, and assaulted on the thigh of CW2, and snatched golden mangalya and one golden 25 gram chain, and ran away from the spot. 7. The accused Nos.1 and 2 have been granted bail as there were no criminal antecedents. The petitioner - 5 - HC-KAR NC: 2025:KHC:46569 CRL.P No. 13978 of 2025 is having criminal antecedent and he is involved in three cases in Tumkur District in Crime Nos.72/2022, 100/2022 and 83 of 2022 and one case in Hindupur Rural PS in Crime No.236/2022. The offences alleged against the petitioner in the said crimes are similar to that of the present case. The offence alleged against the petitioner is heinous offence. If the petitioner is granted bail, there are chances of threatening the prosecution witnesses and committing similar offences. Considering the said aspect, the petitioner is not entitled for grant of bail. In the result, the following: ORDER The petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 1