Partly allowed¶61

Manikanth v. the State of Karnataka

Karnataka HC3 Jun 2025CRL.P/200417/2025

Case brief

AI extract

What is this about?

Bail condition modification; Section 483(1)(b) BNSS petition; relaxation of condition Nos. IV and VII of bail order dated 23.09.2024 in Crl.P No.201133/2024; attendance before Commissioner of Police, Kalaburagi City dispensed with; condition treated as surplusage after charge-sheet filed and cooperation with investigation; Crime No.247/2023 Shahapur Police; Sections 409, 420, 120(B) r/w 149 IPC; Sections 3 and 7 Essential Commodities Act; C.C No.3096/2024 Civil Judge and JMFC Shahapur; High Court of Karnataka Kalaburagi Bench; V. Srishananda, J.; petition allowed in part.

What did the court decide?

Condition No.7 in the order dated 23.09.2024 in Crl.P. No.201133/2024 is cancelled; the petition is allowed in part (condition No.4 not disturbed). ¶61

Manikanth Vs the State of Karnataka — Bail and Remand | Karnataka HC (2025)

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NC: 2025:KHC-K:2795 CRL.P No. 200417 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA

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KALABURAGI BENCH

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DATED THIS THE 3^RD DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V. SRISHANANDA

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CRIMINAL PETITION NO.200417/2025

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(439(1)(b)(Cr.PC)/483(1)(b)(BNSS))

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BETWEEN:

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MANIKANTH S/O NARENDRA RATHOD, AGED ABOUT 28 YEARS, OCC: BUSINESS (POLITICIAN), R/AT. B.G. BHARAT PRIDE APARTMENT, HUMNABAD ROAD, GUNJ AREA, KALABURAGI-585 102.

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…PETITIONER

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Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA

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(BY SRI B.C. JAKA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SHAHAPUR POLICE STATION, TQ. SHAHAPUR, DIST. YADGIRI-585 223, NOW REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107.

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…RESPONDENT

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(BY SRI SIDDALING PATIL, ADDL. S.P.P.)

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NC: 2025:KHC-K:2795 CRL.P No. 200417 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 483(1)(b) OF BNSS, PRAYING TO, RELAX/MODIFY THE CONDITION NUMBER IV AND VII IMPOSED WHILE GRANTING BAIL TO THE PETITIONER ON 23.09.2024 IN CRL.P NO.201133/2024, ARISING IN C.C NO.3096/2024 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC AT SHAHAPUR ARISING OUT OF IN CRIME NO.247/2023, REGISTERED BY THE RESPONDENT SHAHAPUR POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 409, 420, 120(B) R/W 149 OF IPC AND SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT.

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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 V. SRISHANANDA

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE V. SRISHANANDA)

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Heard learned counsel Sri B.C. Jaka for the petitioner and Sri Siddaling Patil, learned Additional State Public Prosecutor for the respondent-State.

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2. This petition is filed with the following prayer:

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“WHEREFORE, it is prayed that this Hon’ble Court be pleased to allow this petition and be pleased to relax/modify the condition number IV and VII imposed while granting bail to the petitioner on 23.09.2024 in Crl.P. No.

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3 - NC: 2025:KHC-K:2795 CRL.P No. 200417 of 2025

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HC-KAR

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201133/2024, arising in C.C No.3096/2024, pending on the file of Civil Judge and JMFC at Shahapur, arising out of in Crime No.247/2023, registered by the respondent Shahapur police for the offence punishable U/sec. 409, 420, 120(B) r/w 149 of IPC and Sec 3 & 7 of Essential Commodities Act, and

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Pass such other order or orders, which this Hon’ble Court may be pleased to pass, in the circumstances of the case in the interest of justice.”

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This Court by a considered order dated

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23.09.2024 allowed the bail petition of the petitioner interalia imposed following conditions:

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“(i) Petitioner shall execute a personal bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court;

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(ii) Petitioner shall not indulge in similar offences or any other offences in future strictly, after his release from the jail;

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(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;

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HC-KAR

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(iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court;

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(v) Petitioner shall take the trial without causing any delay and

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(vi) Petitioner shall surrender passport, if any, to the Commissioner of Police, Kalaburagi City and

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(vii) Petitioner shall mark his attendance before the Office of Commissioner of Police, Kalaburagi City, once in 15 days on every 2^nd and 16^th of every Calendar month for one year/until disposal of the case, whichever is Later.

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If any of the above conditions are violated, then the prosecution is at liberty to seek cancellation of this bail order.”

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By the present petition, petitioner wants

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modification of condition Nos.4 and 7.

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Perused the condition Nos.4 and 7. This Court while granting bail, had directed that without prior permission the petitioner shall not leave the jurisdiction of Kalaburagi District so also the petitioner is required to mark

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HC-KAR

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the attendance on 2^nd and 16^th of every calendar month until disposal of the case.

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Learned Additional State Public Prosecutor would

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submit that, both the conditions are necessary to keep track of the petitioner and his conduct.

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Taking note of the fact that charge-sheet is filed,

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marking of the attendance of the petitioner before the Commissioner of Police, Kalaburagi City, Kalaburagi, vide condition No.7 needs to be dispensed with as the petitioner is required to appear before the Court regularly and also not to leave the Kalaburagi City without prior permission.

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Therefore, condition No.7 may have to be treated as a surplusage, especially when the petitioner has cooperated with the Investigation Agency and charge-sheet is filed.

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