Manohara Alias Kiran Vs State of Karnataka

MANOHARA @ KIRAN @ N. MANOHAR S/O NAGARAJA AGED ABOUT 27 YEARS R/AT NO.324, NEAR AYYAPPA TEMPLE, DAYANANDA NAGARA SLUM, SOMESHWARANAGARA 1ST BLOCK, JAYANAGAR BENGALURU - 560 011.

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…PETITIONER

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(BY SRI MOHAMED IBRAHIM, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY THE SHO OF SIDDAPURA POLICE STATION, BENGALURU CITY - 560 011 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.

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(BY SRI K. NAGESHWARAPPA, HCGP)

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…RESPONDENT

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THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE ABOVE NAMED PETITIONER ON BAIL IN CRIME NO.217/2024, FOR AN O/P/U/S 103(1) R/W UNDER SECTION 3(5) OF BNS OF 2023 OF SIDDAPURA POLICE STATION, BENGALURU CITY, WHICH IS PENDING IN S.C NO.1620/2024 ON THE FILE OF LVIII ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-59).

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NC: 2025:KHC:16314 CRL.P No. 4763 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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.3 in S.C.No.1620/2024 pending before

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the Court of LVIII Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.217/2024 registered by Siddapura Police Station, Bengaluru City, for the offences punishable under Sections 103(1) R/w 3(5) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail.

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Heard the learned counsel appearing for the

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parties.

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FIR in Crime No.217/2024 was registered by

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Siddapura Police Station, Bengaluru City for the aforesaid offence against one Venkatesh and Ajay, on the basis of first information dated 03.08.2024 submitted by Smt. Salma Banu, who is the sister of deceased Syed Isak. During the course of investigation, the petitioner herein was arrested on 03.08.2024 and subsequently remanded

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to judicial custody. After completing investigation, charge sheet has been filed against three persons. The petitioner herein is arraigned as accused No.3 in the charge sheet.

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The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.1620/2024 was dismissed on 14.02.2025.

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Therefore, he is before this Court.

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Perusal of the material on record would go to show that, name of the petitioner is not found in the FIR.

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The first informant had suspected the hand of accused Nos.1 and 2 in the murder of her brother Syed Isak. Therefore, FIR was initially registered against accused Nos.1 and 2. During the course of investigation, accused Nos.1 to 3 were arrested on 03.08.2024 by the police. After completing investigation, charge sheet is now filed as against three persons.

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The allegation in the charge sheet is that, deceased allegedly had illicit relationship with CW.15 - Smt. Daulat, who is the wife of his friend. This was

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NC: 2025:KHC:16314 CRL.P No. 4763 of 2025

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opposed by accused No.1 and he allegedly had advised deceased to discontinue his illicit relationship with CW.15. Therefore, there was ill-will between accused No.1 and deceased Syed Isak. On 02.08.2024 at about 9.30 p.m, accused Nos.1 to 3 along with CW.13 were consuming alcohol and it appears that subsequently the deceased and CW.14 also had arrived to the said spot and had consumed alcohol with accused persons. Accused No.1 allegedly had once again advised deceased to discontinue his illicit relationship with CW.15 and therefore there was a quarrel

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between accused No.1 and deceased and deceased allegedly abused accused No.1 and after criminally intimidated him went away from the spot carrying dragger in his hand.

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It is further alleged in the charge sheet that at

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the instance and instigation of accused No.1, accused No.2 brought two machetes and thereafter accused Nos.1 to 3 followed deceased and had assaulted him behind Guttepalya mosque within the jurisdiction of Siddapura

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Police Station and had committed his murder. Entire case

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of the prosecution is based on circumstantial evidence.

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As per charge sheet allegation CWs.13 and 14 had stayed at the spot where they were consuming alcohol and it is only accused Nos.1 to 3, who has allegedly followed deceased and thereafter committed his murder. The petitioner, who is arraigned as accused No.3 had no other criminal antecedents and his name is not found in the FIR. Investigation of the case is complete and charge sheet is already filed. Accused Nos.1 and 2 are arrested and they are said to be in judicial custody. Trial in the case is yet to commence.

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Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

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Accordingly, the following:

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ORDER

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Criminal Petition is allowed.

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The petitioner is directed to be enlarged on bail in S.C.No.1620/2024 pending before the Court of LVIII Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.217/2024 registered by Siddapura Police Station, Bengaluru City, for the offence punishable under Section 103(1) R/w 3(5) of BNS, 2023, subject to the following conditions:

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a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees

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One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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