Sri. Manjunath @ Bonda Manja Vs State of Karnataka

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.260/2020 (S.C.NO.452/2021) OF KONANAKUNTE POLICE STATION, BENGALURU CITY FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 353, 332, 307 OF IPC

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NC: 2025:KHC:125 CRL.P No. 10142 of 2024

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PENDING ON THE FILE OF THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-68).

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioner is seeking to enlarge him on bail in Crime No.260/2020 of Konanakunte Police Station registered for offences punishable under Section 307, 332 and 353 of IPC.

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Heard both sides and perused the material on

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record.

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It is pertinent to mention that the petitioner was granted bail by this Court in Crl.P No.2317/2021 vide order dated 09.06.2021 on certain terms and conditions. One of the condition was that the petitioner shall not involve in any criminal activities. Further, he was directed to mark his attendance before the jurisdictional Police Station once every month till conclusion of trial or until further orders.

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After grant of bail to the petitioner, as he failed to

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appear before the trial Court in the present case, his surety bonds were forfeited and warrant was issued to him. Since

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he was detained in central prison in connection with another case, body warrant was issued and he was produced before the trial Court and taken into judicial custody in this case.

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The learned counsel would contend that during Covid-19 pandemic, the petitioner could not appear before the trial Court and subsequently, he was hospitalized in Hassan Institute of Medical Sciences. Further, the petitioner was arrested in another case and therefore, he was unable to appear before the trial Court in the present case.

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The learned Sessions Judge has dismissed the bail

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petition vide order dated 03.08.2024 in S.C.No.452/2021, wherein it is observed that the medical documents contradicts with the contention taken by the accused that he was suffering from jaundice and even accepting the discharge summary of Hassan Institute of Medical Sciences, he was discharged on 25.09.2021 and he has not explained as to why he did not appear before the Court on the hearing dates from 22.10.2021 till 14.09.2022, which were after the date of his discharge.

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It is contended by the learned counsel that the

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petitioner was in rehabilitation centre from 29.10.2022 to

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23.01.2023. The learned Sessions Judge has observed that the seal of the person issuing the certificate is not visible.

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Be that as it may, petitioner was once shown indulgence by this Court and he was enlarged on bail, wherein a specific condition was imposed that he shall not involve in any criminal activities. Material on record shows that subsequent to his release he was involved in one more case in Crime No.44/2023 registered at Konankunte Police Station, Bengaluru for offences punishable under Section 143, 147, 148, 448, 307, 504 and 506 r/w 149 of IPC. Petitioner has also not marked his attendance before the jurisdictional Police Station as directed by this Court.

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In the present case, the allegations are that on 18.11.2020 at about 00.35 hours, when the complainant, working as Police Inspector, CCB Bengaluru City and one head constable went to apprehend the petitioner, he charged at the head constable brandishing a dagger and attempted to stab on his chest and when the said head constable by name Nagaraju tried to evade the said assault, sustained severe injuries to his leg. The inspector of police opened fire in the air and then shot

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at petitioner’s leg and apprehended him. He was then admitted at Boring Hospital, Bengaluru.

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Case is pending in S.C.No.452/2021 on the file of the Court of LXVII Additional City Civil and Sessions Judge, Bengaluru City.

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Learned High Court Government Pleader has brought to the notice of the Court that the petitioner is a rowdy sheeter and he is involved in as many as 23 criminal cases.

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In the above facts and circumstances, this is not a fit case to enlarge the petitioner on bail at this stage.

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The trial is said to have commenced and 7 witnesses are already examined. The trial Court shall make all endeavour to conclude the trial as early as possible.

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With the above direction, petition is dismissed .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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HB/-

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List No.: 1 Sl No.: 38

Sri. Manjunath @ Bonda Manja v. State of Karnataka

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Sri. Manjunath @ Bonda Manja v. State of Karnataka

Case brief

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