- 1 - NC: 2025:KHC-K:1922 CRL.P No. 200035 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200035 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MANJUNATH S/O AYYAPPA KANTI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O LINGAPUR, TQ. BILAGI, DIST. BAGALKOT-587 101. …PETITIONER (BY SRI. SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI, KOLHAR POLICE STATION, DIST. VIJAYAPURA-586 101, R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD), 483 OF BNSS (NEW), PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER / ACCUSED NO.6 IN S.C.NO. 182/2024 (KOLHAR PS FIR (CRIME) NO.76/2019) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1922 CRL.P No. 200035 of 2025 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIJAYAPURA DISTRICT VIJAYAPURA FOR THE OFFENCES PUNISHABLE U/SECS. 143, 147, 148, 341, 323, 324, 307, 353, 332, 435, 504 AND 506 R/W 149 OF IPC AND SEC. 3 AND 4 OF PREVENTION OF DAMAGE OF PUBLIC PROPERTY ACT, 1984. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the petitioner/accused No.6 seeking to release him on regular bail in Crime No.76/2019 for the offences under Sections 143, 147, 148, 341, 323, 307, 353, 332, 435, 504, 506 r/w Section 149 of IPC and Section 3 and 4 of Public Property Destructions Act, 1984. 2. It is the case of prosecution that, on 02.10.2019 around 11.30 a.m., the accident occurred between KSRCT bus and tum-tum vehicle. The people, - 3 - NC: 2025:KHC-K:1922 CRL.P No. 200035 of 2025 who are gathering in the vicinity thought that the police are responsible for the said accident, started assaulted the police by pelting the stones. After the incident, the Sub- Inspector of Police lodged a complaint against some unknown persons and FIR came to be registered against such persons. After conducting the investigation, charge sheet has been laid against 20 to 30 persons. The petitioner is arrayed as accused No.6. 3. It is the submission of learned counsel for the petitioner that the petitioner being accused No.6 was not aware about the pendency of the case and he being an illiterate agriculturist, he was busy in his work. In the meantime, several stages of the case are over and also two more split-up charge sheets have been filed. However, all these developments were not aware to the petitioner. 4. It is further submitted that absence of the petitioner after obtaining the bail was not intentional, but it is bonafide. The petitioner is in judicial custody and he will abide by the conditions and also he undertakes to - 4 - NC: 2025:KHC-K:1922 CRL.P No. 200035 of 2025 appear before the Trial Court on all hearing dates. Making such submission, the learned counsel for the petitioner prays to allow the petition. 5. Per contra, the learned High Court Government Pleader vehemently submitted that the petitioner who has been arrayed as accused No.6, has remained absent on several occasions. In spite of opportunities having been given to appear before the Trial Court, he remained absent and he had absconded from the case. If the petition is allowed, he may again abscond from the case and the trial would be hampered. Therefore, the petitioner has to be rejected. 6. Having heard the learned counsel for the respective parties and also perused the facts of the case, it can be inferred from the records that the offences stated to have been committed by the petitioner is relating to unlawful assembly and rioting. As per the submission of the learned counsel for the petitioner, several incidents happened in the family of the petitioner, in the meantime, - 5 - NC: 2025:KHC-K:1922 CRL.P No. 200035 of 2025 the Courts were not functioning properly due to covid-19 and the petitioner was are not allowed to appear before the Court properly. Therefore, the said development had taken place. Hence, the petitioner may be ordered to be enlarged on bail by imposing suitable conditions that will take care of the apprehension of the prosecution. 7. Hence, I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.76/2019 for the offences under Sections 143, 147, 148, 341, 323, 307, 353, 332, 435, 504, 506 r/w Section 149 of IPC and Section 3 and 4 of Public Property Destructions Act, 1984, on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a. The petitioner shall not threaten or hamper the prosecution witnesses. - 6 - NC: 2025:KHC-K:1922 CRL.P No. 200035 of 2025 b. The petitioner shall not involve in any other criminal cases or such similar cases in future till disposal of the present case. c. The petitioner shall appear before the Trial Court on all dates of hearing without fail. In the event of violations of any conditions of the bail, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE TMP List No.: 1 Sl No.: 18 CT: AK