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2026 DAILYLAW 44890 (KAR)

MANJU @ KOLI MANJA @ BABU v. STATE OF KARNATAKA

CRL.P/13794/2026 · 2026-09-30

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010619172026 NC: 2026:KHC:54346 CRL.P No. 13794 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13794 OF 2026 BETWEEN: MANJU @ KOLI MANJA @ BABU S/O NAGANNA AGED ABOUT 36 YEARS R/AT NO.2012, NGO COLONY CHAMALAPURADAHUNDI, NANJANGUD TOWN MYSURU DISTRICT - 571 301. …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE) AND: STATE OF KARNATAKA THROUGH NANJANGUD TOWN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL CONDITIONALLY PENDING TRIAL IN SC NO.90/2025 FOR THE OFFENCES P/U/S 103(1) R/W 3(5) OF THE BNS 2023 PENDING ON THE FILE OF THE HONBLE VII ADDL.DISTRICT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010619172026 NC: 2026:KHC:54346 CRL.P No. 13794 of 2026 AND SESSIONS JUDGE, MYSURU WHICH IS REGISTERED IN PURSUANCE OF CRIME NO.165/2024 OF THE NANJANGUD TOWN POLICE STATION. 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.3 in S.C.No.90/2025 pending before the Court of the VII Additional District and Sessions Judge, Mysuru, arising out of Crime No.165/2024 registered by Nanjanagudu Town Police Station, Mysuru District for the offences punishable under Section 103(1) read with Section 3(5) of BNS, 2023, 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.165/2024 was registered by Nanjanagudu Town Police Station, Mysuru District for the - 3 - HC-KAR CNR: KAHC010619172026 NC: 2026:KHC:54346 CRL.P No. 13794 of 2026 aforesaid offences against unknown persons, based on the first information dated 26.11.2024 received from Raju M., S/o. Madesha. In the said case, the petitioner was arrested on 27.11.2024 along with accused Nos.1 and 2 and was remanded to judicial custody. Subsequently, charge sheet is filed against three persons and the petitioner is arrayed as accused No.3. His bail application filed before the Trial Court was rejected and therefore, he is before this Court. 4. Accused Nos.1 and 2, as against whom similar allegations are found in the charge sheet had approached this Court in Crl.P.No.13580/2026 which was allowed by this Court on 19.09.2026. In paragraph Nos.4 and 5 of the said order it is observed as follows: "4. FIR in the present case has been registered against unknown persons after the dead body of deceased Madesha was found within the jurisdiction of Nanjanagudu Town Police Station. During the course of investigation, petitioners and another were arrested and in the charge sheet which is filed, they are arraigned as accused Nos.1 to 3. As per the charge sheet allegations, petitioners and deceased Madesha were friends and masons by avocation. It is stated that they used to go to work together and also consume alcohol together. - 4 - HC-KAR CNR: KAHC010619172026 NC: 2026:KHC:54346 CRL.P No. 13794 of 2026 5. After finishing their work, on 26.11.2024, accused Nos.1 to 3 and the deceased had gone together and at about 01:00 p.m. when they were sitting near Nanjanagudu - Chamarajanagara flyover service road, accused Nos.1 to 3 allegedly quarreled with Madesha with regard to distribution of the money earned by them. Since Madesha did not agree to distribute the money earned by them in terms of the request made by accused Nos. 1 to 3, they alleged quarreled with him and thereafter, assaulted him on his head with cement bricks and committed his murder. The entire case of the prosecution is based on circumstantial evidence. It is not in dispute that petitioners herein do not have any criminal antecedents and they are in custody for the last more than 22 months. Trial in the case is yet to commence and the allegations made in the charge sheet are required to be proved against accused in a full-fledged trial." 5. The allegations found against the petitioner and accused Nos.1 and 2, who have been granted bail in Crl.P.No.13580/2026 are similar. 6. The submission made by the learned counsel for the petitioner that the petitioner has no other criminal antecedents is not disputed by the learned High Court Government Pleader. - 5 - HC-KAR CNR: KAHC010619172026 NC: 2026:KHC:54346 CRL.P No. 13794 of 2026 7. 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: O R D E R i) The Criminal Petition is allowed. ii) The petitioner is directed to be enlarged on bail in S.C.No.90/2025 pending before the Court of the VII Additional District and Sessions Judge, Mysuru, arising out of Crime No.165/2024 registered by Nanjanagudu Town Police Station, Mysuru District for the offences punishable under Sections 103(1) read with Section 3(5) of BNS, 2023, 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; - 6 - HC-KAR CNR: KAHC010619172026 NC: 2026:KHC:54346 CRL.P No. 13794 of 2026 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; 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. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS List No.: 1 Sl No.: 60