Sri Manjunath H N @ Koli Manja Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

Sri Manjunath H N @ Koli Manja Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty reserved to the appellant to approach the learned Sessions Court and file a necessary bail application; if filed, the Sessions Judge shall take into consideration the bail granted to the co-accused and pass orders in accordance with law; all contentions kept open.

Issue for consideration

Whether a fresh criminal appeal under Section 14(A)(2) of the SC/ST (POA) Act is maintainable against the very same Sessions Court order dated 10.11.2023 when the appellant has already availed the remedy of appeal against it (Crl.A.No.658/2024, dismissed on 08.07.2024). +1 more

Court's answer

Once the appellant has already availed the remedy of appeal challenging the learned Sessions Judge's order dated 10.11.2023, filing a fresh appeal against the very same order does not arise.

Ratio / Principle

The appeal is disposed of, reserving liberty to the appellant to approach the Sessions Court and file a necessary (fresh) bail application.

Key takeaways

If such a bail application is filed, the learned Sessions Judge shall take into consideration the bail granted to the co-accused and pass order in accordance with law; all the contentions are kept open.ratio¶39

Detailed headnote1 paragraphs

CRL.A No. 301 of 2025 (High Court of Karnataka, Bengaluru; Justice Mohammad Nawaz; decided 12.11.2025) — Appeal under Section 14(A)(2) of the SC/ST (POA) Act by accused No.2 (Manjunath H.N. @ Koli Manja @ Manja) seeking bail in Crime No.142/2023 of Turuvekere Police Station (Spl.C.No.668/2023 pending before the III Addl. District and Sessions Judge, Tumakuru, for offences under Sections 143, 147, 148, 302, 324, 341, 120(B), 427, 435, 504, 506 r/w 149 IPC and Section 3(2)(v) of the SC/ST (POA) Act). The appellant's bail prayer had been dismissed on 10.11.2023 in Crl.Misc.No.1593/2023; his earlier appeal (Crl.A.No.658/2024) against that order was dismissed on 08.07.2024, and he thereafter filed no fresh bail application before the Sessions Court. Holding that, the remedy of appeal against the order dated 10.11.2023 having already been availed, a fresh appeal against the very same order does not arise, the Court disposed of the appeal, reserving liberty to the appellant to approach the Sessions Court with a necessary bail application; the Sessions Judge is to take into consideration the bail granted to the co-accused (accused No.1, enlarged in Crl.A.No.1481/2025 on 04.09.2025) and pass orders in accordance with law. All contentions kept open.

NC: 2025:KHC:46179 CRL.A No. 301 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 301 OF 2025 (U/S 14(A) (2))

BETWEEN:

SRI MANJUNATH H.N. @ KOLI MANJA @ MANJA @ MANJA S/O LATE MAHALIGEGOWDA, AGED ABOUT 34 YEARS R/AT HABUKANAHALLI VILLAGE, DABBEGHATTA HOBLI, TUMAKUR DISTRICT.

…APPELLANT

(BY SRI. PANDURANGA G, ADVOCATE)

AND:

Digitally signed by LAKSHMI T Location: High Court of Karnataka

STATE OF KARNATAKA BY TURUVEKERE POLICE. REP.BY S.P.P HIGH COURT OF KARNATAKA BANGALORE - 560 001.

KIRAN KUMAR S/O MOHANKUMAR, AGED ABOUT 32 YEARS, HORAPETE, TURUVEKERE TOWN TUMKUR DISTRICT.

…RESPONDENTS

(BY SRI. JAGADEESH B.N, ADDL. SPP FOR R1)

NC: 2025:KHC:46179 CRL.A No. 301 of 2025

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HC-KAR

THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE BAIL ORDER IN CRL.MISC.NO.1593/2024 DATED 10.11.2023 PASSED BY THE III ADDL.DISTRICT AND SESSIONS JUDGE, TUMAKUR AND ENLARGE THE APPELLANT ON BAIL IN SPL.C.NO.668/2023 (CR.NO.142/2023) OF RESPONDENT NO.1 POLICE I.E TURUVEKERE POLICE FOR THE OFFENCE P/U/S 143, 147, 148, 302, 324, 341, 120(B), 427, 435, 504, 506 R/W 149 OF IPC AND SEC.3(2)(v) OF SC/ST(POA) ACT PENDING ON THE FILE OF III ADDL.DISTRICT AND SESSIONS JUDGE, TUMAKURU.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL JUDGMENT

This appeal is preferred under Section 14(A)(2) of SC/ST (POA) Act, seeking to enlarge the appellant/accused No.2 on bail in Crime No.142/2023 of Turuvekere Police Station, Tumakuru.

It is not in dispute that the learned Sessions

Judge vide order dated 10.11.2023 in

Crl.Misc.No.1593/2023 dismissed the prayer for bail and

3 - NC: 2025:KHC:46179 CRL.A No. 301 of 2025

HC-KAR

against the said order, the appellant herein preferred Crl.A.No.658/2024 before this Court. The said appeal was dismissed vide order dated 08.07.2024.

After dismissal of the criminal appeal preferred against the order dated 10.11.2023 passed by the Sessions Court, the appellant has not filed any petition seeking bail before the learned Sessions Judge. Since the appellant has already availed the remedy of appeal challenging the order of the learned Sessions Judge dated 10.11.2023, once again filing an appeal against the very same order does not arise.

The appellant is seeking bail on the ground of parity, as it is submitted that accused No.1 is enlarged on bail by this Court in Crl.A.No.1481/2025 disposed on 04.09.2025.

Reserving liberty to the appellant to approach

the Sessions Court and file necessary bail application, instant appeal is disposed of.

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NC: 2025:KHC:46179 CRL.A No. 301 of 2025

HC-KAR

If any application as aforesaid is filed, the

learned Sessions Judge shall take into consideration the bail granted to the co-accused and pass order in accordance with law.

All the contentions are kept open.

Sd/(MOHAMMAD NAWAZ) JUDGE

ASN List No.: 1 Sl No.: 1