- 1 - HC-KAR CNR: KAHC010403982026 NC: 2026:KHC:44131 CRL.P No. 8496 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8496 OF 2026 BETWEEN: MANOHAR K S MENTIONED AS MANOHAR K.S. KALLUGUNDI @ MANU, S/O. SHIVAYYA, AGED ABOUT 42 YEARS, R/AT KALME HOUSE, KALLUGUNDI SAMPAJE VILLAGE, SULLIA TALUK D.K. DISTRICT - 574 234 …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: STATE OF KARNATAKA BY STATION HOUSE OFFICER, SULLIA POLICE STATION, D.K. DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010403982026 NC: 2026:KHC:44131 CRL.P No. 8496 of 2026 ENLARGE THE PETITIONER ON REGULAR BAIL IN C.C.NO.201/2026 (CRIME NO.125/2025 OF SULLIA POLICE STATION) REGISTERED AGAINST HIM FOR THE OFFENCE P/U/S 137(2), 127(2), 123, 103 R/W SEC.3(5) OF BNS 2023 AND SEC.27 OF NDPS ACT PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC COURT, AT SULLIA D.K., DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.5 in Crime No.125 of 2025 registered by Sullia Police Station, Dakshina Kannada District for the offences punishable under Section 137(2), 127(2) 123, 103 read with Section 3(5) of BNS, 2023 and Section 27 of NDPS Act, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No. 125 of 2025 registered by Sullia Police Station, Dakshina Kannada District for the aforesaid offences against Rafiq Padu and others, based on the first information dated 18.10.2025 received from Sumayya, wife of deceased Abdul Jabbar. In the said case, - 3 - HC-KAR CNR: KAHC010403982026 NC: 2026:KHC:44131 CRL.P No. 8496 of 2026 the petitioner was arrested on 30.12.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet is filed against six persons and petitioner is arraigned as accused No.5 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5096 of 2026 was rejected on 29.04.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that accused No.1 has been granted regular bail by this Court in criminal petition No.7426 of 2026 vide order dated 30.06.2026. Allegation as against the petitioner and accused No.1 are similar in the charge sheet. In the ten cases which were registered against the petitioner, he has been acquitted in eight cases and in the other two cases, he is on bail. He is ready and willing to co-operate before the Trial Court and abide by the conditions that may be imposed by this Court. Accordingly, he prays to allow the petition. - 4 - HC-KAR CNR: KAHC010403982026 NC: 2026:KHC:44131 CRL.P No. 8496 of 2026 5. Per contra, learned High Court Government Pleader who has opposed to petition submits that petitioner is a person with criminal antecedents and therefore, he cannot claim any parity. He submits that he is a rowdy-sheeter and in the event, he is enlarged on bail, the chances of he tampering with the material charge sheet witnesses cannot be ruled out. Accordingly, he prays to dismiss the petition. 6. Accused No.1 had approached this Court in criminal petition No.7426 of 2026, which was allowed on 30.06.2026. In paragraph Nos.5 and 6 of the said order, it is observed as follows: " 5. During the course of investigation, petitioner and other accused were arrested and after completing investigation, charge sheet has been filed against six persons for the aforesaid offences. As per the charge sheet allegations, deceased Abdul Jabbar had misbehaved with CW-7 & CW-8 who are minor boys. Petitioner is said to be the uncle of CW-7 & CW-8. On 16.10.2025, petitioner and other accused persons with an intention to teach a lesson to deceased Abdul Jabbar, had taken him along with them from his house in the car bearing registration No.KA-21-P- 6869 which was brought by accused no.1. - 5 - HC-KAR CNR: KAHC010403982026 NC: 2026:KHC:44131 CRL.P No. 8496 of 2026 Subsequently, they had stopped the car near the school of CW-7 & CW-8 and picked up the said minor boys and thereafter, assaulted Abdul Jabbar in front of the minor boys for having misbehaved with them. Subsequently, the minor boys were sent back to the school and the accused persons assaulted Abdul Jabbar near Kallukundi and threatened him of dire consequences if he further misbehaves with the minor boys. Thereafter, the accused persons had dropped injured Abdul Jabbar near his auto rickshaw and he had returned home. On the next date, he had complained in his house and had started vomiting. Immediately thereafter, he was taken to a hospital, but he was declared dead. 6. From the aforesaid, it is apparent that accused persons had assaulted Abdul Jabbar for the reason that he had misbehaved with CW-7 & CW-8 who are minor boys related to the accused persons. After Abdul Jabbar was assaulted, he was released by the accused persons and Abdul Jabbar thereafter returned home and it is on the next date, he had started vomiting and thereafter he was shifted to the hospital." 7. From the aforesaid, it is appears that case of the prosecution is based on circumstantial evidence and there is no direct evidence with regard to the alleged assault made by the accused persons on the deceased. 8. It is brought to the notice of this Court that out of the ten cases registered against the petitioner, in eight - 6 - HC-KAR CNR: KAHC010403982026 NC: 2026:KHC:44131 CRL.P No. 8496 of 2026 cases he has been acquitted and in the other two criminal cases he has been released on bail. 9. The Hon'ble Supreme Court in the case of Prabhakar Tewari v. State of Uttar Pradesh and another reported in (2020) 11 SCC 648, has held that the criminal antecedents of accused persons cannot, by themselves, be a sole reason to refuse bail, if he is otherwise found entitled for the same. The petitioner has undertaken to abide by the conditions that may be imposed on him and also to co-operate before the Trial Court. 10. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: - 7 - HC-KAR CNR: KAHC010403982026 NC: 2026:KHC:44131 CRL.P No. 8496 of 2026 O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.125 of 2025 registered by Sullia Police Station, Dakshina Kannada District for the offences punishable under Section 137(2), 127(2) 123, 103 read with Section 3(5) of BNS, 2023 and Section 27 of NDPS Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 8 - HC-KAR CNR: KAHC010403982026 NC: 2026:KHC:44131 CRL.P No. 8496 of 2026 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. f) The petitioner shall appear before the Station House Officer (S.H.O) of Sullia Police Station, Dakshina Kannada on every second Saturday of the month between 10.00 a.m. and 1.00 p.m. and mark his attendance regularly for the period of one year from the date of his release from custody. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 41