Citation : 2025 Latest Caselaw 10457 Kant
Judgement Date : 20 November, 2025
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NC: 2025:KHC:47985
CRL.P No. 13044 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 13044 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. MANIKANTA
S/O RAMANJINAPPA @ ANJINAPPA
AGED ABOUT 35 YEARS
R/AT KARIYAMMAMAPALYA VILLAGE
PAVAGADA TALUK
TUMAKURU DISTRICT - 561 202.
...PETITIONER
(BY SRI M SHASHIDHARA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ARASIKERE PS
Digitally signed by
REPRESENTED BY SPP
LAKSHMINARAYANA HIGH COURT OF KARNATAKA
MURTHY RAJASHRI
BENGALURU - 560 001.
Location: HIGH
COURT OF ...RESPONDENT
KARNATAKA
(BY SMT. PUSHPALATHA B ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
rU/S 483 BNSS) PRAYING TO GRANT BAIL TO HIM IN S.C
No.5028/2025 ORIGINATED FROM CR.No.01/2025 OF THE
RESPONDENT ARASIKERE PS, REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 103(1), 238 NAD 303(2) OF
BNS, 2023.
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NC: 2025:KHC:47985
CRL.P No. 13044 of 2025
HC-KAR
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by sole accused under Section
483 of BNSS praying to grant bail in S.C.No.5028/2025
arising out of Crime No.01/2025 of Arasikere Police Station
registered for offences punishable under Sections 103(1),
238 and 303(2) of BNS, 2023 pending on the file of the IV
Additional District in Sessions Judge, Tumkuru sitting at
Madhugiri.
2. Heard learned counsel for the petitioner and
learned Additional SPP for the respondent -State.
3. Learned counsel for the petitioner would
contend that the case of the prosecution is based on
circumstantial evidence. C.W.2 stated to have last seen
accused and deceased together. C.W.4 is stated to have
seen the petitioner -accused along with goats at
07.00p.m. and his statement is recorded after one month.
There is seizure of cash of Rs.53,500/- stated to be by
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HC-KAR
sale of 06 goats. The said amount might be possessed by
the petitioner as he was broker in sheep market. The
sickle has been seized from the spot. The body was found
in forest area. The sickle does not belong to the petitioner
and it belongs to the deceased. The motive alleged is the
petitioner is want of money for construction of house.
Circumstances are fabricated by the complainant. There is
a delay of one day in filing the complaint. As charge sheet
is filed, the petitioner is not required for custodial
interrogation. With these, he prays to allow the petition
and grant bail to the petitioner.
4. Per contra, learned Additional SPP for the
respondent -State would contend that there are
circumstances which clearly indicate the involvement of
this petitioner in committing the murder of the deceased.
C.W.2 has last seen accused and deceased at 02.45 p.m.
C.W.4 has seen this petitioner taking away 25 goats at
07.00 p.m. There is seizure of Rs.53,500/- which has been
got by sale of 06 goats and the remaining 19 goats have
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HC-KAR
been seized from the house of C.W.11. The sickle has
been seized at the instance of this petitioner -accused
hidden in a forest area and it is found to be blood stained.
There is seizure of blood stained clothes of the petitioner.
The FSL report indicates that the stains on the said clothes
are human blood of 'O' group and even the clothes of the
deceased were stained with human blood of 'O' group. The
charge sheet materials shows prima facie case against the
petitioner for offences alleged against him. With this she
prayed for rejection of the petition.
5. Having heard learned counsels, this Court has
perused charge sheet and other materials placed on
record.
6. The case of the prosecution is that the
petitioner and the deceased went for grazing the cows of
petitioner and goats of deceased on 03.01.2025. The
petitioner who was in need of money for construction of
his house planned to kill the deceased and take away his
25 goats. The petitioner took the sickle of the deceased
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HC-KAR
and assaulted him with said sickle on his neck and other
parts and committed his murder and took away 25 goats.
7. The case of the prosecution is based on
circumstantial evidence. C.W.2 is stated to have last seen
the petitioner -accused and deceased together at
02.45p.m. on 03.01.2025. The C.W.4 is stated to have
seen the petitioner -accused taking away 25 goats at
07.00p.m. on 3.01.2025. 19 goats have been seized from
the house of C.W.11 who has stated that they are brought
by the petitioner. A sum of Rs.53,500/- has been seized
from the petitioner, which he got by sale of 06 goats. The
sickle has been seized at the instance of this petitioner
hidden in a forest area and it is stained with the human
blood of 'O' group. Shirt and Bermuda of the petitioner
have been seized under mahazar and they are found to be
blood stained of human origin of 'O' group. The blood of
the deceased was 'O' positive group as per lab report. The
clothes of the deceased are also stained with 'O' blood
group. Therefore, the clothes of the petitioner and the
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HC-KAR
clothes of the deceased were stained with 'O' blood group.
The mahazar has been drawn of the undergoing
construction of the house of the petitioner to show the
motive of the petitioner to commit the offence. All the
above circumstances indicate the involvement of this
petitioner in committing murder and robbing the goats of
the deceased.
8. Considering above aspects, the petitioner has
not made out any grounds for grant of bail. In the result,
the petition is dismissed.
Observations made in the above order will not
influence the trial Court at the time of passing judgment.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP
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