Karnataka High Court
B K Manju vs State By on 25 February, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:8326
CRL.A No. 2144 of 2024
C/W CRL.A No. 1568 of 2024
CRL.A No. 1879 of 2024
& CRL.A No. 2157 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 2144 OF 2024 (U/S 14(A) (2))
C/W
CRIMINAL APPEAL NO. 1568 OF 2024
CRIMINAL APPEAL NO. 1879 OF 2024
CRIMINAL APPEAL NO. 2157 OF 2024
IN CRL.A No. 2144/2024
BETWEEN:
B.K.MANJU
S/O B.R.KRISHNAPPA,
AGED ABOUT 49 YEARS,
BANDIKODIKODIGEHALLI,
JALA HOBLI, YELAHANKA TALUK,
BANGALORE PIN CODE-562 149.
Digitally
signed by ...APPELLANT
LAKSHMI T
Location:
(BY SRI. RAJU C.N., ADVOCATE)
High Court
of Karnataka AND:
1. STATE BY BAGALUR POLICE
BANGALORE
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA AT
BANGALORE-560 009.
2. MUNIRAJU B.R.
S/O LATE P. RAMAPPA,
AGED ABOUT 47 YEARS,
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CRL.A No. 2144 of 2024
C/W CRL.A No. 1568 of 2024
CRL.A No. 1879 of 2024
& CRL.A No. 2157 of 2024
BANDIKODIKODIGEHALLI,
JALA HOBLI, YELAHANKA TALUK,
BANGALORE-562 149.
...RESPONDENTS
(BY MS. ASMA KOUSER, ADDL. SPP FOR R-1;
SRI. M. NARASAPPA, ADVOCATE FOR R-2)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 12.08.2024,
PASSED BY THE 2ND ADDL. DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT, BENGALURU IN
CRL.MISC.NO.1631/2024 AND GRANT ANTICIPATORY BAIL TO
THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME
NO.205/2024 OF BAGALUR POLICE, BENGALURU RURAL
DISTRICT, BENGALURU FOR THE OFFENCES PUNISHABLE
UNDER SECTION 109, 118(1), 118(2), 352, 191(3), 190 OF
BHARATIYA NYAYA SANHITA (BNS) AND SEC.3(1)(r)(s) OF
SC/ST (POA) ACT AND ENLARGE THE APPELLANT ON BAIL BY
ALLOWING THIS PETITION.
IN CRL.A NO. 1568/2024
BETWEEN:
SRI. RAVINDRA B.J.
S/O JAYARAMAIAH,
AGED ABOUT 48 YEARS,
RESIDING AT BANDI KODIGEHALLI
VILLAGE AND POST, JALA HOBLI,
YELAHANKA NORTH,
BANGALORE NORTH-560 064.
...APPELLANT
(BY SRI. SUBRAMANYA H.V., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY BAGALUR POLICE STATION,
REPRESENTED BY
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CRL.A No. 2144 of 2024
C/W CRL.A No. 1568 of 2024
CRL.A No. 1879 of 2024
& CRL.A No. 2157 of 2024
STATE PUBLIC PROSECUTOR,
DISTRICT AND SESSIONS JUDGE,
BANGALORE RURAL DIST.-01.
2. SRI B.R. MUNIRAJU
S/O LATE P. RAMAPPA,
AGED ABOUT 47 YEARS,
RESIDING AT NO.150/157,
BANDI KODIGEHALLI VILLAGE,
JALA HOBLI, YELAHANKA TALUK,
BANGALORE NORTH-560 064.
...RESPONDENTS
(BY MS. ASMA KOUSER, ADDL. SPP FOR R-1;)
SRI. M. SRIRAM, ADVOCATE FOR R-2)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED
BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT IN CRL.MISC.NO.1685/2024
DATED 12.8.2024 THEREBY ALLOW THE SAID APPEAL AND
ENLARGE THE APPELLANT ON ANTICIPATORY BAIL IN CRIME
NO.205/2024 OF BAGALURU POLICE STATION FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 109, 118(1),
351(2), 61(2) R/W 3(5) OF BNS ACT AND SEC.3(1)(r)(s) OF
SC/ST ACT WHICH IS PENDING ON THE FILE OF THE II ADDL.
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU FOR THE REASONS STATED ABOVE.
IN CRL.A NO. 1879/2024
BETWEEN:
1. SRI. VINODA
S/O RANGAPPA,
AGED ABOUT 28 YEARS,
2. SRI. SEENA @ SRINIVAS
S/O LATE HONNAPPA,
AGED ABOUT 35 YEARS,
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CRL.A No. 2144 of 2024
C/W CRL.A No. 1568 of 2024
CRL.A No. 1879 of 2024
& CRL.A No. 2157 of 2024
3. SMT. RENUKA
W/O SRINIVASA,
AGED ABOUT 28 YEARS,
4. SMT. GOWARAMMA
W/O RANGAPPA,
AGED ABOUT 50 YEARS,
ALL ARE RESIDING AT
BANDEKODIGEHALLI VILLAGE,
JALA HOBLI, YELAHANKA TALUK,
BANGALORE-562 149.
...APPELLANTS
(BY SRI. C.N. RAJU, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
STATION HOUSE OFFICER
BAGALUR POLICE STATION,
BAGALUR, BANGALORE NORTH,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BANGALORE-560 001.
2. SRI. B.R. MUNIRAJU
S/O LATE P.RAMAPPA,
AGED ABOUT 47 YEARS,
R/AT NO.150/157,
BANDEKODIGEHALLI VILLAGE,
JALA HOBLI, YELAHANKA TALUK,
BANGALORE-562 149.
...RESPONDENTS
(BY MS. ASMA KOUSER, ADDL. SPP FOR R-1)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 12.08.2024
PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE AND SPECIAL JUDGE, BANGALORE RURAL, BANGALORE
IN CRL.MISC.NO.1746/2024 AND 1774/2024 AND PASS AN
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CRL.A No. 2144 of 2024
C/W CRL.A No. 1568 of 2024
CRL.A No. 1879 of 2024
& CRL.A No. 2157 of 2024
ORDER OF ANTICIPATORY BAIL DIRECTING THE
RESPONDENTS NO.1 BAGALUR POLICE TO RELEASE THE
APPELLANTS ON BAIL IN THE EVENT OF THEIR ARREST IN
CRIME NO.205/2024 FOR THE ALLEGED OFFENCE PUNISHABLE
UNDER SECTIONS SC AND THE ST (PREVENTION OF
ATROCITIES) ACT, 1989 U/S- 3(1)(r), 3(1)(s) BNS 2023 (U/S
109, 118(1), 3(5), 351(2), 61(2) PENDING ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
SPECIAL JUDGE, BANGALORE RURAL, BANGALORE.
IN CRL.A NO. 2157/2024
BETWEEN:
NAGARAJ
S/O LATE MUNIYAPPA,
AGED ABOUT 54 YEARS,
RESIDING AT BANDIKODIKODIGEHALLI,
JALA HOBLI, YELAHANKA TALUK,
BANGALORE PIN CODE-562 149.
...APPELLANT
(BY SRI. RAJU C.N., ADVOCATE)
AND:
1. STATE BY BAGALUR POLICE
BENGALORE,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA AT
BANGALORE-560 009.
2. MUNIRAJU B.R.
S/O LATE P. RAMAPPA,
AGED ABOUT 47 YEARS,
BANDIKODIKODIGEHALLI,
JALA HOBLI, YELAHANKA TAULK,
BENGALORE PIN CODE-562 149.
...RESPONDENTS
(BY MS. ASMA KOUSER, ADDL. SPP FOR R-1;
SRI. M. NARASAPPA, ADVOCATE FOR R-2)
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CRL.A No. 2144 of 2024
C/W CRL.A No. 1568 of 2024
CRL.A No. 1879 of 2024
& CRL.A No. 2157 of 2024
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE ORDER DATED 12.08.2024
PASSED BY THE 2ND ADDITIONAL DISTRICT AND SESSIONS
JUDGE AND SPECIAL JUDGE, BANGALORE RURAL DISTRICT,
BANGALORE AND GRANT ANTICIPATORY BAIL TO THE
PETITIONER IN THE EVENT OF HIS ARREST IN CRIME
NO.205/2024 OF BAGLUR POLICE, BANGALORE RURAL
DISTRICT, BANGALORE, FOR THE OFFENCES PUNISHABLE
UNDER SECTION 109, 118(1), 118(2), 352, 191(3), 190 OF
BHARATIYA NYAYA SANHITA (BNS) AND SEC. 3(1)(r)(s) OF
SC/ST (POA) ACT AND ENLARGE THE APPELLANS ON BAIL, BY
ALLOWING THIS PETITION.
THESE CRIMINAL APPEALS HAVING BEEN HEARD AND
RESERVED FOR JUDGEMENT, THIS DAY, PRONOUNCED THE
FOLLOWING:
DATE OF RESERVED THE JUDGMENT : 14.02.2025
DATE OF PRONOUNCEMENT OF THE JUDGMENT : 25.02.2025
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CAV JUDGMENT
In these four appeals, the appellants have sought to
set aside the order passed by the learned Sessions Judge
dismissing their respective applications seeking
anticipatory bail and consequently, to grant them
anticipatory bail in Crime No.205/2024 of Bagalur Police
Station, Bengaluru City, registered for offences punishable
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under Section 3(1)(r), 3(1)(s) of the SC & ST (POA) Act,
1989 and Section 109, 118(1), 351(2), 61(2) r/w 3(5) of
BNS, 2023.
2. FIR is registered against 16 named accused and
others. Charge sheet is filed against 13 accused for
offences punishable under Section 109, 118(1), 118(2),
352, 191(3) and 190 of BNS, 2023 and Section 3(1)(r),
3(1)(s) of the SC & ST (POA) Act, 1989.
3. Criminal Appeal No.2144/2024 and Criminal
Appeal No.1568/2024 are preferred by accused Nos.1 and
2 respectively in the FIR. The name of accused No.2 in
the FIR is shown as Raja. However, both the said accused
are not charge sheeted.
4. Criminal Appeal No.1879/2024 is preferred by
accused Nos.4, 7, 12 and 14 in the FIR. They are
arraigned as accused Nos.2, 5, 10 and 12 in the charge
sheet.
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5. Criminal Appeal No.2157/2024 is by accused
No.8 in the charge sheet. He is not named as an accused
in the FIR.
6. Heard the learned counsel for appellants,
learned High Court Government Pleader for the State and
learned counsel appearing for the defacto complainant.
7. The law was set into motion by one
B.R.Muniraju S/o late P.Rajappa, alleging that on
16.07.2024 at about 8.00 p.m., on account of previous ill-
will, all the accused formed an unlawful assembly, armed
with deadly weapons like chopper, long etc., and came
near Government Higher Primary School, Bandikodigehalli
Village, with an intention to commit the murder of his
sister's son Chandan Kumar and assaulted him with the
said weapons and caused grievous injuries to him.
8. It is vehemently contended by the learned High
Court Government Pleader and learned counsel appearing
for the defacto complainant that the injured Chandan
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Kumar has sustained several injuries, including injury to
the head and multiple fractures, which shows that he has
been brutally assaulted by the accused. They contended
that the injuries are on the vital parts of the body like
head, face etc., and therefore, accused had a clear
intention to commit his murder. They contended that the
injured is still taking treatment and there is a prima facie
case against the appellants, therefore, they are not
entitled for anticipatory bail and if they are granted bail,
they may threaten the prosecution witnesses and hamper
the case of prosecution.
9. The contention of the learned counsel for
appellants is that on account of admitted rivalry due to
financial dispute, false case is registered implicating as
many as 16 accused in the FIR. It is contended that, while
filing charge sheet, names of some of the accused are
deleted. It is further contended that relief has been
granted to similarly placed accused Nos.3, 6, 7 and 9 (as
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per charge sheet) and therefore, on similar terms and
conditions, appellants may be enlarged on bail.
10. The learned Sessions Judge while dismissing
the respective petitions, observed that the investigation is
still in progress and if the accused are released on bail,
they may abscond. Further observed that there are
chances of tampering the prosecution witnesses and
fleeing from justice, if the accused are granted bail, in
view of the nature and gravity of offences committed.
11. Accused Nos.3, 7 and 9 had preferred Crl.A
No.1550/2024 and accused Nos.6 had preferred Crl.A
No.1570/2024. This Court by a common order dated
19.09.2024 allowed both the appeals and enlarged the
said accused on bail imposing conditions.
12. In the FIR it is alleged that all the accused have
picked up quarrel with the victim and wielded a chopper
on his head and when he tried to evade the said blow,
sustained injuries to his hand. Further, they assaulted on
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his head, neck and limbs with chopper and longs. It is
further alleged that accused by name B.K.Manju instigated
other accused persons and even accused Raja @ Meke
Raja assaulted him and the said accused have given supari
to commit the murder.
13. Accused Nos.1 and 2 in the FIR are not charge
sheeted. Whereas in the charge sheet, accused Nos.3 and
4 shown in FIR are arraigned as accused Nos.1 and 2. It is
alleged in the charge sheet that accused Nos.1 and 2
assaulted the victim (CW.2) with chopper, accused No.5
with a club and accused Nos.3, 4, 6 to 10, 12 and 13 with
hands. Further, accused No.11 is alleged to have
instigated other accused and abused the victim in filthy
language taking reference to his caste. According to
prosecution, except accused No.11 all other accused as
well as the victim belong to scheduled caste.
14. First informant is an eye witness, as per FIR.
CWs.3 and 4 are the other eye witnesses to the incident.
Omnibus allegations are made against the accused
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persons. Accused by name Manju, Raja, Kappaliga and
Anithanarayana, whose names are found in the FIR are
not charge sheeted. As per charge sheet, specific overt
acts of assaulting the victim with chopper and club are
against accused Nos.1, 2 and 5 (Accused Nos.3, 4 and 7 in
FIR). Manju B.K. and Raja named as accused Nos.1 and 2
in the FIR are not charge sheeted. Since they are not
arraigned as accused in the charge sheet, their prayer for
anticipatory bail is misconceived. It is contended by the
learned counsel that the Police are issuing notice to them
and therefore, there is a threat of arrest. However, since
they are not charge sheeted and without any material
placed on record regarding apprehension of their arrest,
they are not entitled for anticipatory bail.
15. Accused Nos.2 and 5 who are appellant Nos.1
and 2 in Crl.A No.1879/2024 against whom the
prosecution alleges that they have assaulted with chopper,
are not entitled for anticipatory bail.
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16. Appellant Nos.3 and 4 in Crl.A No.1879/2024,
namely accused Nos.10 and 12 in the charge sheet and
appellant in Crl.A No.2157/2024, namely accused No.8 in
the charge sheet can be granted the relief, subject to
conditions. Hence, the following:
ORDER
(i) Crl.A No.2144/2024 and Crl.A No.1568/2024
are dismissed.
(ii) Crl.A No.1879/2024 is partly allowed.
(iii) Appeal preferred by appellant Nos.1 and 2 /
accused Nos.2 and 5 (as per charge sheet) is dismissed.
(iv) Appeal preferred by appellant Nos.3 and 4 /
accused Nos.10 and 12 (as per charge sheet) is allowed.
(v) Crl.A No.2157/2024 preferred by accused No.8
(as per charge sheet) is allowed.
(vi) Appellant Nos.3 and 4/accused Nos.10 and 12
(as per charge sheet) in Crl.A.No.1879/2024 and
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appellant/accused No.8 (as per charge sheet) in Crl.A
No.2157/2024 are ordered to be released, in the event of
their arrest in Crime No.205/2024 of Bagalur Police
Station, Bengaluru City, subject to following conditions:
a) They shall appear before the
jurisdictional Court, within one week
from the date of receipt of copy of the
order and each of them shall execute
a bond in a sum of Rs.1,00,000/-
(Rupees One Lakh Only) with two
sureties for the likesum.
b) They shall furnish proof of their
residential address and shall inform
the Investigation Officer/Court, if
there is any change in the address.
c) They shall not leave the jurisdiction of
the trial Court without prior
permission of the learned session
Judge till conclusion of trial or until
further orders.
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d) They shall not tamper with the
prosecution witnesses either directly
or indirectly.
e) They shall appear before the trial
Court on all dates of hearing without
fail.
f) They shall not commit any offence.
Violation of any of the above conditions shall result in
cancellation of bail.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
HB
Ct:ar
