Karnataka High Court
Manjunath vs The State Of Karnataka on 25 April, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:17082
CRL.P No. 4795 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 4795 OF 2025
(439(Cr.PC) / 483(BNSS))
BETWEEN:
MANJUNATH,
S/O LATE CHIKKAHANUMANTHAPPA,
AGED ABOUT 56 YEARS,
R/O NO 63, 6TH 'C' CROSS,
BEHIND RAJAGOPALNAGAR POLICE STATION,
LAGGERE, PEENYA, 2ND STAGE,
BANGALORE-560 058.
...PETITIONER
(BY SRI. TIGADI VEERANNA GADIGEPPA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally REP BY SUB-INSPECTOR OF POLICE,
signed by GOWRIBIDANUR RURAL POLICE STATION,
SWAPNA V
Location: GOWRIBIDANUR, DISTRICT CHIKKABALLAPURA,
High Court of REP BY STATE PUBLIC PROSECUTOR,
Karnataka
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS)
PRAYING TO ALLOW THE PETITION BY GRANTING HIM IN BAIL
IN SC.NO.100/2024 IN CR.NO.224/2024 REGISTERED
IN GOWRIBIDANUR P.S, FOR THE OFFENCES P/U/S
189(2),189(4),191(2),191(3),115(2),118(1),352,351(2),351
(3), 109(1), 103(2) R/W 190 OF BNS, 2023, PENDING ON THE
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NC: 2025:KHC:17082
CRL.P No. 4795 of 2025
FILE OF THE LEARNED I ADDITIONAL DISTRICT AND
SESSIONS JUDGE, CHIKKABALLAPURA.
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.1 in S.C.No.100/2024 pending before the Court of I Additional District and Sessions Judge, Chikkaballapura, arising out of Crime No.224/2024 registered by Gowribidanuru Rural Police Station, Chikkaballapura, for offences punishable under Section 189(2), 189(4), 191(2), 191(3), 115(2), 118(1), 352, 351(2), 351(3), 109(1), 103(2) read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.224/2024 was registered by Gowribidanuru Rural Police Station, Chikkaballapura against the petitioner and six others for the offences punishable under Sections 189(3), 191(2), 191(3), 109, 191, 115(2), 118(1), -3- NC: 2025:KHC:17082 CRL.P No. 4795 of 2025 351(1), 351(3), 352 and 190 of BNS on the basis of the first information dated 18.08.2024 received from Sudhakara, who is one of the injured victim in the present case.
4. During the course of investigation of the case, petitioner was arrested on 23.08.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against seven persons and petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner in S.C.No.100/2024 before the Jurisdictional Sessions Court was rejected on 19.02.2025. Therefore, the petitioner is before this Court.
5. Learned counsel for the petitioner submits that petitioner has no criminal antecedents and allegation against the petitioner is that he had assaulted Cws.1 and 2 who have suffered simple injuries in the incident in question. Allegation of assaulting deceased-Nanjundappa on his head is found only against accused Nos. 2 and 7, who are in custody. The other accused persons have been granted regular bail by the jurisdictional Sessions Court in the present case. Trial in the -4- NC: 2025:KHC:17082 CRL.P No. 4795 of 2025 case is not yet commenced. Accordingly, he prays to allow the petition.
6. Per contra, learned High Court Government Pleader who has opposed the petition submits that there are eye- witnesses to the incident in question and specific overt acts are found against the petitioner. Accordingly, she prays to dismiss the petition.
7. Perusal of the material on record would go to show that, there is a civil dispute between the parties and it is in this background, the incident in question had taken place on 18.08.2024 at about 11.30 hours. Initially FIR was registered in the present case for offences punishable under Sections 189(3), 191(2), 191(3), 109, 191, 115(2), 118(1), 351(1), 351(3), 352 and 190 of BNS. Injured Nanjundappa who had sustained head injury, subsequently died on 19.08.2024 and thereafter, offence punishable under Section 103 of BNS was invoked in the present case. As per the charge sheet allegations accused Nos. 2 and 7 are the persons who had assaulted Nanjundappa on his head. Post Mortem report of deceased-Nanjundappa would go to show that, death is as a -5- NC: 2025:KHC:17082 CRL.P No. 4795 of 2025 result of head injury sustained. There is no allegation as against the petitioner about he assaulting Nanjundappa. In the charge sheet allegation against the petitioner is that he had assaulted CWs.1 and 2. It is not in dispute that CWs.1 and 2 have suffered only simple injuries in the incident in question. Accused Nos. 2 and 7 are in judicial custody. All other accused persons have been enlarged on bail. It is not in dispute that petitioner has no other criminal antecedents. It is brought to the notice of the Court that case before the Trial Court is still at the stage of framing of the charges. Petitioner aged about 56 years is said to be an agriculturist. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:-
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.224/2024 registered by Gowribidanuru Rural Police Station, Chikkaballapura, for offences punishable under Section 189(2), 189(4), 191(2), 191(3), 115(2), 118(1), 352, 351(2), 351(3), -6- NC: 2025:KHC:17082 CRL.P No. 4795 of 2025 109(1), 103(2) read with 190 of BNS, subject to the following conditions:
a) 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;
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 SPV List No.: 1 Sl No.: 41