Karnataka High Court
Mr Manjesh Kumar @ Manjesh R @ Avalahalli ... vs State Of Karnataka on 25 November, 2025
-1-
NC: 2025:KHC:48938
CRL.A No. 2249 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO.2249 OF 2025 (U/S 14(A)(2))
BETWEEN:
MR MANJESH KUMAR @ MANJESH R @
AVALAHALLI MANJA
S/O LATE S.RAJU,
AGED ABOUT 41 YEARS,
RESIDING AT NO.448,
BEHIND URDU SCHOOL,
AVALAHALLI, ANJANAPURA POST,
BENGALURU - 560 049.
...APPELLANT
(BY SRI. K.R. NAGARAJU, ADV. FOR
SRI. ARUN KUMAR D. N., ADV.)
AND:
Digitally signed by
LAKSHMINARAYAN N
Location: HIGH COURT
1. STATE OF KARNATAKA
OF KARNATAKA BY THALAGHATTAPURA POLICE STATION
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. MR. KIRAN S.,
S/O SANNAPPA,
AGED ABOUT 35 YEARS,
RESIDING AT
NAGARAJANNA VATARA,
BEHIND GOVERNMENT SCHOOL,
-2-
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CRL.A No. 2249 of 2025
HC-KAR
VAJARAHALLI,
THALAGHATTAPURA POST,
BENGALURU - 560 109.
...RESPONDENTS
(BY SRI B. LAKSHMAN, HCGP FOR R1,
VIDE ORDER DT: 25.11.2025 R2 SERVED AND
UNREPRESENTED)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA)
ACT PRAYING TO a) SET ASIDE THE REJECTED BAIL
ORDER PASSED BY THE HON'BLE 2nd ADDL. DISTRICT
AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU IN SPL.CC.NO.617/2025
ARISING OUT OF CR.NO.139/2025, VIDE ORDER DTD
10.09.2025; b) ENLARGE HIM ON BAIL IN
SPL.CC.NO.617/2025 ARISING OUT OF CR.NO.139/2025
OF THALAGHATTAPURA P.S., FOR THE OFFENCES P/U/S
137(2),127(2),109,133,310(2),111(2) R/W 190 OF BNS,
U/S 7 R/W 27 OF INDIAN ARMS ACT, U/S 3(2)(v) OF
SC/ST ACT, 1989, PENDING ON THE FILE OF HON'BLE 2nd
ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL
JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN
SPL.CC.NO.617/2025 ARISING OUT OF CR.NO.139/2025.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
1. The appellant/accused No.1 has preferred this
appeal against the order dated 10th September, 2025
passed by the II Additional District & Sessions Judge and
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Special Judge, Bengaluru Rural District, Bengaluru in
Spl.CC No.617 of 2025 arising out of Crime No.139 of
2025, whereby the bail application filed by the appellant
herein came to be rejected.
2. The brief facts leading to this appeal are that on
the basis of the complaint filed by one Sri Kiran S,
Talaghattapura Police have registered a case against
accused 1 to 3 for the offences punishable under Sections
137(2), 127(2), 109, 133, 310(2), 111(2) read with
Section 190 of BNS, 2023; under Section 7 read with 27 of
Indian Arms Act; and under Section 3(2)(v) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short "the SC/ST (PoA) Act").
After investigation, the Investigating officer filed charge-
sheet against accused 1 to 3 for the aforesaid offences.
The appellant/accused No.1 has filed Bail Application
under Section 483 of BNSS, seeking regular bail before the
Trial Court, which same came to be rejected. Being
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aggrieved by the said order, the appellant is before this
Court.
3. Learned counsel for the appellant submits that the
appellant is innocent of the alleged offences and the Police
have foisted a false case against him and others colluding
with the complainant who are inimically disposed towards
them. He submits that there is a delay of seven days in
lodging the complainant and the same is not explained.
He would further submit that though the appellant has not
accompanied the complainant or other inmates of the bus,
his name has been falsely implicated on the ground of
suspicion. The injured has not taken treatment in any of
the hospitals between the date of alleged incident and the
date of complaint. There is no specific allegation that he
has abused the complainant in filthy language or by taking
reference of his caste or in public view. The appellant is in
judicial custody from the date of his arrest and he is not
required for any further investigation. Learned counsel
submits that accused No.2-Dilip Kumar has been granted
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bail by this Court in Criminal Appeal No.1219 of 2025
dated 27th June, 2025 and hence, this appellant is also
entitled for bail on the ground of principle of parity. The
copy of the order passed in Criminal Appeal No.1219 of
2025 is also produced. Learned Counsel would submit
that the appellant is the only breadwinner of the family
and is having aged mother and children and he would
abide by the conditions to be imposed. On all these
grounds it is sought for allowing the Appeal.
4. I have examined the materials placed before this
Court. It is an admitted fact that there are no injuries
found on the body of the victim. The accused is in judicial
custody since the date of arrest, i.e. 16th April, 2025.
Charge sheet is already filed. Accused is not required for
further investigation. The alleged commission of offences
are not punishable with death or imprisonment for life.
Considering the nature and gravity of offence and the
antecedents of the accused, as also on the principle of
parity, I proceed to pass the following:
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ORDER
i) Appeal is allowed;
ii) Order dated 10th September, 2025 passed
by the II Additional District & Sessions
Judge and Special Judge, Bengaluru Rural
District, Bengaluru in Spl.CC No.617 of
2025 arising out of Crime No.139 of 2025,
is set aside. Consequently, the application
filed under Section 483 of BNSS, 2023 is
allowed.
iii) Appellant shall be released on bail in Crime
No.139 of 2025 of Thalagattapura Police
station upon executing a personal bond for
a sum of Rs.1,00,000/- with one surety for
the likesum to the satisfaction of the
jurisdictional Court, subject to the following
conditions:
a. The appellant shall not threaten or
tamper the prosecution witnesses;
b. The appellant shall appear before the
Court as and when required;
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c. The appellant shall not commit similar
offences.
iv) In case the appellant violates any of the
conditions as stated above, the prosecution
will be at liberty to move the trial Court,
seeking cancellation of bail;
Sd/-
(G BASAVARAJA)
JUDGE
LNN, DL
