Karnataka High Court
Vinaykumar @ Vinay @ Minda vs The State Of Karnataka By on 15 May, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC:18252
CRL.P No. 6836 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MAY, 2025
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 6836 OF 2025
BETWEEN:
VINAYKUMAR @ VINAY @ MINDA
S/O MUNIYAPPA
AGED ABOUT 34 YEARS
R/AT No.91, 5TH CROSS,
1ST MAIN, SRIRAMANAGARA
MAHALAKSHMILAYOUT
BENGALURU - 500 086.
...PETITIONER
Digitally
signed by (BY SRI MANJUNATH M R, ADVOCATE)
NIRMALA
DEVI AND:
Location:
HIGH COURT THE STATE OF KARNATAKA BY
OF MAHALAKSHMILAYOUT P.S,
KARNATAKA BENGALURU.
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
...RESPONDENT
(BY SRI LAKSHMAN B, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S
483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.No.32/2019 OF MAHALAKSHMI LAYOUT P.S., BENGALURU,
FOR THE OFFENCES PUNISHABLE UNDER SECTION 307, 323
R/W 34 OF IPC, PENDING BEFORE LEARNED LXVI ADDL. CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-67) IN
SC.No.2046/2022 AND ETC.,
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NC: 2025:KHC:18252
CRL.P No. 6836 of 2025
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.1 under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred as to 'Cr.P.C') prying to grant bail in Crime No.32/2019 of Mahalakshmi Layout P.S., Bengaluru registered for offences punishable under Sections 307 and 323 R/w 34 of Indian Penal Code, 1860 (hereinafter referred as to 'IPC') pending in SC.No.2046/2022 on the file of LXVI Additional City Civil and Sessions Judge, Benagluru City (CCH-67).
2. The petitioner is facing trial in SC.No.2046/2022 on the file of LXVI Additional City Civil and Sessions Judge, Benagluru City (CCH-67) registered for offences punishable under Sections 307 and 323 R/w 34 of IPC. The petitioner was earlier granted bail in the said case. Thereafter, as the petitioner has not appeared -3- NC: 2025:KHC:18252 CRL.P No. 6836 of 2025 Non-Bailable Warrant (hereinafter referred as to 'NBW') has been issued against him and he has been secured by executing the said NBW. The petitioner sought bail before the Trial Court and it came to be rejected.
3. Learned counsel for the petitioner would contend that the petitioner was involved in several cases and there was a body warrant against him and after recalling of the body warrant he did not furnish surety and has not appeared before the Trial Court as his father was suffering from paralysis and his father was surety to him. He further submits that the petitioner is in judicial custody since 23.01.2025 and now he is ready to appear before the Trial Court on all dates of hearing and cooperate for speedy trial.
4. Learned HCGP would contends that the petitioner is a habitual offender involved in several cases and if he is granted bail, he will remain absconding and it will hamper trial.
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NC: 2025:KHC:18252 CRL.P No. 6836 of 2025
5. Heard learned counsel for the petitioner and learned HCGP for the respondent - State and perused the records.
6. The petitioner has been earlier granted bail. Thereafter, the petitioner did not appear and furnish surety. The petitioner was involved in several cases and he was under body warrant, after recall of the body warrant the petitioner appeared before the Sessions Court once and thereafter, he remained absent and he has been secured by executing NBW issued against him. The petitioner did not appeared before the Trial Court as his father was suffering from paralysis and his father stood as surety to him. As the petitioner was earlier granted bail as his father was suffering from paralysis, he is entitled for grant of bail. In the result, the following:
ORDER The petition is allowed. The petitioner is ordered to be released on bail in SC.No.2046/2022 pending on the -5- NC: 2025:KHC:18252 CRL.P No. 6836 of 2025 file of LXVI Additional City Civil and Sessions Judge, Benagluru City (CCH-67) (Crime No.32/2019 of Mahalakshmi Layout P.S., Bengaluru), subject to the following conditions:
1) The petitioner shall execute a personal bond for a sum of `1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court.
2) The petitioner shall voluntarily appear before the Trial Court on all dates of hearing unless exempted and cooperate for expeditious disposal of the case.
3) The petitioner shall not tamper the prosecution witnesses.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE PNV - List No.: 1 Sl No.: 123