Manikanta Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED rU/S 483 BNSS) PRAYING TO GRANT BAIL TO HIM IN S.C No.5028/2025 ORIGINATED FROM CR.No.01/2025 OF THE RESPONDENT ARASIKERE PS, REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 238 NAD 303(2) OF BNS, 2023.

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NC: 2025:KHC:47985 CRL.P No. 13044 of 2025

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by sole accused under Section 483 of BNSS praying to grant bail in S.C.No.5028/2025 arising out of Crime No.01/2025 of Arasikere Police Station registered for offences punishable under Sections 103(1), 238 and 303(2) of BNS, 2023 pending on the file of the IV Additional District in Sessions Judge, Tumkuru sitting at Madhugiri.

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Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State.

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Learned counsel for the petitioner would contend that the case of the prosecution is based on circumstantial evidence. C.W.2 stated to have last seen accused and deceased together. C.W.4 is stated to have seen the petitioner -accused along with goats at 07.00p.m. and his statement is recorded after one month. There is seizure of cash of Rs.53,500/- stated to be by

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sale of 06 goats. The said amount might be possessed by the petitioner as he was broker in sheep market. The sickle has been seized from the spot. The body was found in forest area. The sickle does not belong to the petitioner and it belongs to the deceased. The motive alleged is the petitioner is want of money for construction of house. Circumstances are fabricated by the complainant. There is a delay of one day in filing the complaint. As charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prays to allow the petition and grant bail to the petitioner.

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Per contra, learned Additional SPP for the respondent –State would contend that there are circumstances which clearly indicate the involvement of this petitioner in committing the murder of the deceased. C.W.2 has last seen accused and deceased at 02.45 p.m. C.W.4 has seen this petitioner taking away 25 goats at 07.00 p.m. There is seizure of Rs.53,500/- which has been got by sale of 06 goats and the remaining 19 goats have

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been seized from the house of C.W.11. The sickle has been seized at the instance of this petitioner -accused hidden in a forest area and it is found to be blood stained. There is seizure of blood stained clothes of the petitioner. The FSL report indicates that the stains on the said clothes are human blood of ‘O’ group and even the clothes of the deceased were stained with human blood of ‘O’ group. The charge sheet materials shows prima facie case against the petitioner for offences alleged against him. With this she prayed for rejection of the petition.

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Having heard learned counsels, this Court has

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perused charge sheet and other materials placed on record.

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The case of the prosecution is that the petitioner and the deceased went for grazing the cows of petitioner and goats of deceased on 03.01.2025. The petitioner who was in need of money for construction of his house planned to kill the deceased and take away his 25 goats. The petitioner took the sickle of the deceased

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and assaulted him with said sickle on his neck and other

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parts and committed his murder and took away 25 goats.

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The case of the prosecution is based on circumstantial evidence. C.W.2 is stated to have last seen the petitioner -accused and deceased together at 02.45p.m. on 03.01.2025. The C.W.4 is stated to have seen the petitioner -accused taking away 25 goats at 07.00p.m. on 3.01.2025. 19 goats have been seized from the house of C.W.11 who has stated that they are brought by the petitioner. A sum of Rs.53,500/- has been seized from the petitioner, which he got by sale of 06 goats. The sickle has been seized at the instance of this petitioner hidden in a forest area and it is stained with the human blood of ‘O’ group. Shirt and Bermuda of the petitioner have been seized under mahazar and they are found to be blood stained of human origin of ‘O’ group. The blood of the deceased was ‘O’ positive group as per lab report. The clothes of the deceased are also stained with ‘O’ blood group. Therefore, the clothes of the petitioner and the

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clothes of the deceased were stained with ‘O’ blood group. The mahazar has been drawn of the undergoing construction of the house of the petitioner to show the motive of the petitioner to commit the offence. All the above circumstances indicate the involvement of this petitioner in committing murder and robbing the goats of the deceased.

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