Karnataka High Court
Sri K. Manjunatha @ Leather Manju vs State Of Karnataka on 4 January, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:362
CRL.A No. 2060 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 2060 OF 2023
BETWEEN:
SRI. K. MANJUNATHA @ LEATHER MANJU,
S/O KEMPANNA,
AGED ABOUT 23 YEARS,
R/AT BEDASHETTIHALLI VILLAGE,
MASTHI HOBLI,
MALUR TALUK,
KOLARA DISTRICT - 572143.
...APPELLANT
(BY SRI. LAKSHMIKANTH K.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY MALUR POLICE STATION,
DEPUTY SUPERINTENDENT POLICE,
KOLARA SUB DIVISION ICE STATION,
Digitally signed
by SUCHITRA M KOLAR,
J REPRESENTED BY HCGP,
Location: High
Court of HIGH COURT BUILDING,
Karnataka AT BENGALURU - 560001.
2. SRI.KIRANKUMAR K. @ SARATHI
S/O KRISHNAMURTHY,
AGED ABOUT 30 YEARS,
R/AT THALAKUNTE VILLAGE,
LAKKURU, MALUR TALUK,
KOLARA DISTRICT - 560 009.
...RESPONDENTS
(BY SRI.RAJAT SUBRAMNYA, HCGP FOR R1.)
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NC: 2024:KHC:362
CRL.A No. 2060 of 2023
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
1989 PRAYING TO SET ASIDE THE ORDER DATED 04.05.2023
PASSED IN SPL.S.C.NO.10/2021 BY THE LEARNED 2ND ADDL.
DISTRICT AND SESSIONS JUDGE, KOLAR AND RELEASE THE
APPELLANT ON BAIL FOR THE OFFENCE P/U/S 143, 147, 148,
341, 302 R/W 149 OF IPC AND SEC.3(2) (V) OF SC/ST (POA)
ACT IN THEIR CR.NO.75/2021 OF RESPONDENT NO.1, MALUR
POLICE STATION, PENDING ON THE FILE OF 2ND
ADDL.DISTRICT AND SESSIONS JUDGE KOLAR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred against the order dated
04.05.2023 passed by the II Additional District and
Sessions Judge at Kolar in Spl.S.C.No.10/2021 whereby
the learned Sessions Judge has dismissed the application
under Section 439 of Cr.P.C.
2. The appellant had earlier approached this Court
in Crl.A.No.19/2022 against the dismissal of his bail
petition by the learned Sessions Judge and seeking to set
NC: 2024:KHC:362
aside the order dated 13.09.2021. The said appeal was
dismissed by this Court by an order dated 05.04.2022.
3. The appellant is accused No.1 in
Spl.S.C.No.10/2021, pending on the file of the Court of II
Additional District and Sessions Judge at Kolar and he is
facing the Trial along with other accused persons for the
offence punishable under Section 143, 147, 148, 341, 302,
114 read with Section 149 of IPC and under Section
3(2)(v) Scheduled Castes and Scheduled Tribes Prevention
of Atrocities) Act, 1989.
4. The appellant along with other accused persons
is accused of committing the murder of one Girish by
assaulting him with sharp weapons like long, machete etc.
5. While dismissing Crl.A.No.19/2022, this Court
has taken into consideration the nature and gravity of the
offence and the material collected by the prosecution
against the appellant.
NC: 2024:KHC:362
6. It is observed that the complainant - CW-1 has
identified the appellant as one of the assailants and he has
named him in the First Information Report. Further apart
from CW-1, CW-2 and CW-3 are the other eye witnesses
to the incident.
7. The learned Sessions Judge, while dismissing
the bail petition has observed that the grounds and the
reasons for seeking regular bail were already adjudicated
in the earlier bail application and the incident was
witnessed by the complainant who was accompanying the
deceased at the time of incident and therefore,
examination of the complainant and other eye witnesses
are most essential.
8. This Court while dismissing Crl.A.No.19/2022
reserved liberty to the appellant to move the Sessions
Court for bail, after examination of the eye witnesses. The
Trial is in progress. It is not the case of the appellant that
the eye witnesses have not supported the case of the
prosecution. Considering the nature and gravity of the
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offence, I am of the view that this is not a fit case to
enlarge the appellant on bail. Further, if the appellant is
released on bail, there are chances of tampering the
prosecution witnesses and fleeing from justice. Hence, the
following:
ORDER
Appeal is dismissed.
Sd/-
JUDGE
LDC
