Sri Manjappa @ Manju v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6610 OF 2026 BETWEEN:

SRI MANJAPPA @ MANJU S/O LATE ERAPPA AGED ABOURT 42 YEARS R/O ARISHIGATTAVILLAGE CHENNAGIRI TALUKA DAVANAGERE DISTRICT, KARNATAKA. …PETITIONER (BY SRI MANORANJINI, ADV.) AND:

¶1THE STATE OF KARNATAKA BY TARIKERE POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE

¶2B. RAMESH BABAU S/O BALAKRISHNA AGED ABOUT 55 YEARS VIL GHEST HOUSE M.G. ROAD TARIK ERE TOWN CHIKKAMAGALURU, KARNATAKA. …RESPONDENTS (BY SRI RAHUL RAI K, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN SC NO.138/2022 DATED 17.07.2025 FOR THE OFFENCES P/U/S 302 OF IPC FILED IN THE COURT OF THE PRL.DISTRICT AND SESSIONS JUDGE, AT CHIKKAMAGALURU.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

¶1Accused in S.C.No.138/2022 pending before the Court of Principal District and Sessions Judge, Chikkamagaluru arising out of Crime No.148/2022 registered by Tarikere Town Station, Chikkamagaluru District for offence punishable under Section 302 of IPC is before this Court in this petition filed under section 483 of BNSS, 2023 seeking regular bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.148/2022 registered by Tarikere Town Police Station, Chikkamagaluru District for the aforesaid offence against unknown person, after the dead body of unknown male was found by the first informant within the jurisdiction of Tarikere Town Police Station. During the course of investigation, the petitioner herein was arrested on

12.06.2022 and remanded to judicial custody. His bail application filed before the Trial Court in S.C.No.138/2022 was rejected on 17.07.2025. Therefore, he is before this Court.

¶4Material on record would go to show that FIR in the present case was registered against unknown person, after the dead body of a stranger was found within the jurisdiction of Tarikere Town Station. During course of investigation, the petitioner herein was arrested on 12.06.2022 and remanded to judicial custody. In the charge sheet which is filed subsequently it is averred that the petitioner and deceased Gunda were rag pickers and they were acquainted to each other. They used to consume alcohol together and sleep in the bus stand or on road side. On 05.06.2022, they had quarrelled with each other with regard to sharing of money received by them after selling scrap material which they had collected. It appears that, deceased Gunda was in habit of consuming alcohol and quarrelling with the petitioner regularly. Therefore, the petitioner allegedly decided to eliminate him and on the alleged date of incident, when Gunda was sleeping inside a dilapidated godown , the petitioner dropped a stone on his head and committed his murder.

¶5The entire case of the prosecution is based on circumstantial evidence. The petitioner is in custody in the

present case for the last more than four years. Out of 33 charge sheet witnesses cited in the present case only 10 witnesses have been examined as PWs.1 to 10. Therefore, chances of trial being completed in the near soon is very remote. Under the circumstances, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively considering his period of incarceration. Accordingly, the following:- ORDER

(i) Criminal petition is allowed.

(ii) The petitioner is directed to be enlarged on bail in S.C.No.138/2022 pending before the Court of Principal District and Sessions Judge, Chikkamagaluru arising out of Crime No.148/2022 registered by Tarikere Town Station, Chikkamagaluru District, for the offence punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh

only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. e) The petitioner shall not leave jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

Sd/- (S VISHWAJITH SHETTY) JUDGE

NMS List No.: 1 Sl No.: 42