Mr Manjesh Kumar @ Manjesh R @ Avalahalli Manja Vs State of Karnataka

MR MANJESH KUMAR @ MANJESH R @ AVALAHALLI MANJA S/O LATE S.RAJU, AGED ABOUT 41 YEARS, RESIDING AT NO.448, BEHIND URDU SCHOOL, AVALAHALLI, ANJANAPURA POST, BENGALURU - 560 049.

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…APPELLANT

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(BY SRI. K.R. NAGARAJU, ADV. FOR SRI. ARUN KUMAR D. N., ADV.)

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AND:

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Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY THALAGHATTAPURA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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MR. KIRAN S., S/O SANNAPPA, AGED ABOUT 35 YEARS, RESIDING AT NAGARAJANNA VATARA, BEHIND GOVERNMENT SCHOOL,

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NC: 2025:KHC:48938 CRL.A No. 2249 of 2025

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HC-KAR

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VAJARAHALLI, THALAGHATTAPURA POST, BENGALURU - 560 109.

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…RESPONDENTS

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(BY SRI B. LAKSHMAN, HCGP FOR R1, VIDE ORDER DT: 25.11.2025 R2 SERVED AND UNREPRESENTED)

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THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO a) SET ASIDE THE REJECTED BAIL ORDER PASSED BY THE HON'BLE 2^nd ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN SPL.CC.NO.617/2025 ARISING OUT OF CR.NO.139/2025, VIDE ORDER DTD 10.09.2025; b) ENLARGE HIM ON BAIL IN SPL.CC.NO.617/2025 ARISING OUT OF CR.NO.139/2025 OF THALAGHATTAPURA P.S., FOR THE OFFENCES P/U/S 137(2),127(2),109,133,310(2),111(2) R/W 190 OF BNS, U/S 7 R/W 27 OF INDIAN ARMS ACT, U/S 3(2)(v) OF SC/ST ACT, 1989, PENDING ON THE FILE OF HON'BLE 2^nd ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN SPL.CC.NO.617/2025 ARISING OUT OF CR.NO.139/2025.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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The appellant/accused No.1 has preferred this

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appeal against the order dated 10^th September, 2025 passed by the II Additional District & Sessions Judge and

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3 - NC: 2025:KHC:48938 CRL.A No. 2249 of 2025

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HC-KAR

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Special Judge, Bengaluru Rural District, Bengaluru in Spl.CC No.617 of 2025 arising out of Crime No.139 of 2025, whereby the bail application filed by the appellant herein came to be rejected.

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The brief facts leading to this appeal are that on the basis of the complaint filed by one Sri Kiran S, Talaghattapura Police have registered a case against accused 1 to 3 for the offences punishable under Sections 137(2), 127(2), 109, 133, 310(2), 111(2) read with Section 190 of BNS, 2023; under Section 7 read with 27 of Indian Arms Act; and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the SC/ST (PoA) Act"). After investigation, the Investigating officer filed chargesheet against accused 1 to 3 for the aforesaid offences.

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The appellant/accused No.1 has filed Bail Application under Section 483 of BNSS, seeking regular bail before the

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Trial Court, which same came to be rejected. Being

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4 - NC: 2025:KHC:48938 CRL.A No. 2249 of 2025

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HC-KAR

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aggrieved by the said order, the appellant is before this Court.

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Learned counsel for the appellant submits that the appellant is innocent of the alleged offences and the Police have foisted a false case against him and others colluding with the complainant who are inimically disposed towards them. He submits that there is a delay of seven days in lodging the complainant and the same is not explained. He would further submit that though the appellant has not accompanied the complainant or other inmates of the bus, his name has been falsely implicated on the ground of suspicion. The injured has not taken treatment in any of the hospitals between the date of alleged incident and the date of complaint. There is no specific allegation that he

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has abused the complainant in filthy language or by taking

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reference of his caste or in public view. The appellant is in

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judicial custody from the date of his arrest and he is not required for any further investigation. Learned counsel submits that accused No.2-Dilip Kumar has been granted

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5 - NC: 2025:KHC:48938 CRL.A No. 2249 of 2025

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HC-KAR

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bail by this Court in Criminal Appeal No.1219 of 2025 dated 27^th June, 2025 and hence, this appellant is also entitled for bail on the ground of principle of parity. The copy of the order passed in Criminal Appeal No.1219 of 2025 is also produced. Learned Counsel would submit that the appellant is the only breadwinner of the family and is having aged mother and children and he would abide by the conditions to be imposed. On all these grounds it is sought for allowing the Appeal.

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I have examined the materials placed before this Court. It is an admitted fact that there are no injuries found on the body of the victim. The accused is in judicial custody since the date of arrest, i.e. 16^th April, 2025. Charge sheet is already filed. Accused is not required for further investigation. The alleged commission of offences

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are not punishable with death or imprisonment for life. Considering the nature and gravity of offence and the antecedents of the accused, as also on the principle of parity, I proceed to pass the following:

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NC: 2025:KHC:48938 CRL.A No. 2249 of 2025

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HC-KAR

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O R D E R

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i) Appeal is allowed;

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ii) Order dated 10^th September, 2025 passed by the II Additional District & Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru in Spl.CC No.617 of 2025 arising out of Crime No.139 of 2025, is set aside. Consequently, the application filed under Section 483 of BNSS, 2023 is allowed.

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iii) Appellant shall be released on bail in Crime No.139 of 2025 of Thalagattapura Police station upon executing a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:

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a. The appellant shall not threaten or tamper the prosecution witnesses;

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b. The appellant shall appear before the Court as and when required;

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NC: 2025:KHC:48938 CRL.A No. 2249 of 2025

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HC-KAR

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c. The appellant shall not commit similar offences.

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iv) In case the appellant violates any of the conditions as stated above, the prosecution will be at liberty to move the trial Court, seeking cancellation of bail;

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Sd/(G BASAVARAJA) JUDGE

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LNN, DL List No.: 1 Sl No.: 13

Mr Manjesh Kumar @ Manjesh R @ Avalahalli Manja v. State of Karnataka

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Mr Manjesh Kumar @ Manjesh R @ Avalahalli Manja v. State of Karnataka

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