Dismissed¶42

Mohan Kumar a S @ Manu v. State by

Karnataka HC24 Jan 2025CRL.P/12958/2024

Case brief

AI extract

What is this about?

Karnataka HC (Mohammad Nawaz, J., 24-01-2025), CRL.P No. 12958 of 2024: successive regular bail application under S.439 CrPC (S.483 BNSS) in S.C.No.258/2023 (Section 302 IPC murder of Mamatha, Metagalli PS, Mysuru) dismissed; earlier bail rejected in Crl.P.No.13434/2023 on 22.02.2024; CWs-2 and 3 turned hostile; eight witnesses examined, trial at fag end; custody since 25.05.2023; held not a fit case for bail while trial in progress, with liberty to reapply if trial not concluded within four months.

What did the court decide?

Evidence led before the trial Court cannot be appreciated at this stage to come to the conclusion that the petitioner is innocent of the offence alleged; since the trial is in progress, this is not a fit case to enlarge the petitioner on bail. ¶40

Mohan Kumar a S @ Manu Vs State by — Murder and Culpable Homicide | Karnataka HC (2025)

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NC: 2025:KHC:3189 CRL.P No. 12958 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 12958 OF 2024

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BETWEEN:

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MOHAN KUMAR A.S. @ MANU, S/O JAYARAMU, AGED ABOUT 26 YEARS, R/AT NO. 102, RESIDING IN HEMANTH'S HOUSE, NEAR ESHWARA TEMPLE OLD ROAD, SIDDALINGAPURA VILLAGE, HAGARE POST, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT - 570 003.

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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PERMANENT R/O DOOR NO. 50, ADVIBANTENAHALLI VILLAGE, HAGARE POST, MADIHALLI HOBLI, BELURU TALUK, HASSAN DISTRICT - 573 216. …PETITIONER

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(BY SRI. RAVI M.M., ADVOCATE)

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AND:

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STATE BY METAGALLI POLICE STATION, MYSURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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…RESPONDENT

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(BY MS. ASMA KOUSER, ADDL. SPP)

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NC: 2025:KHC:3189 CRL.P No. 12958 of 2024

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THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED ON REGULAR BAIL IN S.C.NO.258/2023 IN CR.NO.56/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC OF THE RESPONDENT METAGALLI POLICE STATION, MYSURU, PENDING ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU.

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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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This is a successive bail petition filed by the petitioner to enlarge him on bail in S.C.No.258/2023, pending on the file of IV Additional District and Sessions Judge, Mysuru.

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This Court while dismissing the bail petition in Crl.P.No.13434/2023 on 22.02.2024, has taken into consideration the entire facts and circumstances of the case. The said petition was dismissed on merits.

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Learned counsel for petitioner has contended that according to prosecution, CWs-2 and 3 are the material witnesses and the said witnesses are now

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3 - NC: 2025:KHC:3189 CRL.P No. 12958 of 2024

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examined before the trial Court. They have not supported the case of prosecution and therefore, further detention of the petitioner is nothing but a pretrial conviction. It is contended that the petitioner is in judicial custody from 25.05.2023 and therefore, by imposing any conditions, he may be enlarged on bail.

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4. Learned Additional State Public Prosecutor has

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contended that petitioner has committed murder of one Mamatha, wife of the first informant by assaulting her with a rod, due to some money dispute and now the trial is at the fag end. The trial Court has issued summons to the prosecution witnesses and therefore, at this stage if the petitioner is enlarged on bail, he may tamper those witnesses. She has accordingly sought to reject the petition.

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It is the case of prosecution that accused was running a bakery in a building belonging to CW-2 in Siddalingapura Village. Deceased Mamatha had an illicit relationship with the accused. He had borrowed money

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NC: 2025:KHC:3189 CRL.P No. 12958 of 2024

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from her. She was insisting him to return the amount borrowed from her. In this regard, a quarrel had taken place between them. On 24.05.2023, the deceased came to the bakery and quarreled with the accused. Accused dragged her inside the bakery and assaulted on her head with a rod and committed murder.

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The trial is in progress and eight witnesses are already examined.

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Learned Additional State Public Prosecutor has submitted that summons is issued to the remaining witnesses and therefore, if the petitioner is enlarged on bail, he may tamper those witnesses. She has also contended that there are incriminating materials seized at the instance of the accused.

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The offence alleged against the petitioner is one punishable with death or imprisonment for life. The prayer for bail has been rejected by this Court in Crl.P.No.13434/2023. Evidence led before the trial Court

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NC: 2025:KHC:3189 CRL.P No. 12958 of 2024

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cannot be appreciated at this stage to come to the conclusion that the petitioner is an innocent of the offence

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alleged. Since trial is in progress, this is not a fit case to enlarge the petitioner on bail.

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