Manju Alias Manjappa, Vs the State of Karnataka

THE STATE OF KARNATAKA BY VINOBANAGARA POLICE STATION SHIVAMOGGA SUB-DIVISION SHIVAMOGGA 577 204 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001.

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…RESPONDENT

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(BY SMT. RASHMI JADHAV. ASPP.)

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NC: 2026:KHC:33577 CRL.P No. 7243 of 2026

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.300/2025 OF VINOBANAGARA P.S. (CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103, 238, 61(2), 54 R/W 3(5) BNS-2023 (CORRESPONDING OFFENCE: SECTIONS 302, 201, 120(B), 114 R/W 34 IPC) NOW PENDING ON THE FILE OF JMFC 3^RD COURT, SHIVAMOGGA), PENDING THE TRAIL.

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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 Nos.1 and 3 in Crime No.300/2025 registered by Vinobanagar Police Station, Shivamogga for offence punishable under Sections 103, 238, 61(2), 54 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), are before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail.

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NC: 2026:KHC:33577 CRL.P No. 7243 of 2026

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HC-KAR

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Heard learned counsel appearing for the petitioners and learned Addl. SPP appearing for the respondent-State.

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FIR in Crime No.300/2025 was registered by Vinobanagar Police Station initially for the offence punishable under Section 103 read with 3(5) of BNS, 2023 against Thippeshi and others, based on the first information dated 29.12.2025, submitted by Vijay.M., brother of deceased, Arun. In the said case, petitioners herein were arrested on 08.01.2026 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons and petitioners herein are arraigned as accused Nos.1 and 3 respectively in the charge sheet. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.324/2026 was rejected on 27.04.2026. Therefore, they are before this Court.

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Accused No.3 is the father of accused Nos.2 and 5

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and husband of accused No.4. Accused No.1 is the brother

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4 - NC: 2026:KHC:33577 CRL.P No. 7243 of 2026

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HC-KAR

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of accused No.4 and brother-in-law of accused No.3.

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Charge sheet material would reveal that accused Nos.3 and 4 had three children and their eldest daughter had eloped and got married. Subsequently, in view of the ill treatment in her matrimonial house, she had committed suicide. It appears that even accused No.5 had eloped with the deceased Arun and got married. Since the deceased used to consume alcohol and was ill-treating accused No.5, she had abandoned him and taken shelter in her parents' house. Deceased Arun was thereafter visiting the house of accused Nos.3 and 4 and was insisting to send accused No.5 to his house, but accused No.5 refused to join him. Even on the alleged date of incident, deceased had come to the house of accused Nos.3 and 4 and had quarreled with them and it also appears that he had criminally intimidated them. It is under these circumstances, accused Nos.1 to 3 had followed Arun and when he was outside a bar and restaurant allegedly speaking to CW3, his friend, the

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5 - NC: 2026:KHC:33577 CRL.P No. 7243 of 2026

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HC-KAR

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accused persons came there and assaulted him with iron rod and committed his murder. First information is submitted by Vijay.M., brother of deceased based on the information given by CW3. Statement of the alleged eyewitness CW3 has been recorded in the present case after a delay of more than one month from the alleged date of incident.

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Accused No.3 is an agriculturist aged about 61 years and accused No.1 is his brother-in-law, who is also an agriculturist, aged about 46 years. It is not in dispute that accused Nos.1 and 3 do not have any criminal antecedents. Investigation of the case is completed and charge sheet is filed. Their presence is no more required in custody. Trial of the case is yet to commence.

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Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order:

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6 - NC: 2026:KHC:33577 CRL.P No. 7243 of 2026

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HC-KAR

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ORDER

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The petition is allowed.

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The petitioners are directed to be enlarged on bail in Crime No.300/2025 registered by Vinobanagar Police Station, Shivamogga for offence punishable under Sections 103, 238, 61(2), 54 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:

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a) Each of the petitioners shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempt their appearance for valid reasons;

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

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d) The petitioners shall not involve in similar offences in future;

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HC-KAR

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e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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DM LIST NO.: 1 SL NO.: 88

Manju Alias Manjappa, v. the State of Karnataka

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Manju Alias Manjappa, v. the State of Karnataka

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