MR. MANJUNATH M N vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60659
CRL.P No. 16029 of 2026
CNR: KAHC010732062026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 16029 OF 2026
BETWEEN:
MR. MANJUNATH M.N
S/O NAGARAJ M
AGED 34 YEARS
R/O NO.81/19, 12TH CROSS
SHIVANAGAR, BENGALURU - 560 010
(NOW IN JUDICIAL CUSTODY CENTRAL
PRISON, BENGALURU)
…PETITIONER
(BY SRI HASHMATH PASHA, SR. COUNSEIL, FOR
SRI NASIR ALI, ADV.)
AND:
STATE OF KARNATAKA
BY BASAVESHWARANAGAR
POLICE STATION, BENGALURU CITY
(REP. BY LEARNED STATE PUBLIC
PROSECUTOR) HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
…RESPONDENT
Digitally
signed by
NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS)
PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.101/2026 OF
BASAVESHWARANAGAR POLICE STATION, BENGALURU CITY, WHICH
IS PENDING IN S.C.NO.1493/2026 ON THE FILE OF THE LVIII ADDL.
CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY FOR THE
OFFENCES P/U/S 103(1), 109 R/W SEC. 3(5) OF BNS 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC:60659
CRL.P No. 16029 of 2026
CNR: KAHC010732062026
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 in Crime No.101/2026 registered by
Basaveshwara Nagar Police Station, Bengaluru City for the
offences punishable under Section 103(1), 109 read with
Section 3(5) of BNS, 2023, is before this Court in this
petition filed under Section 483 of BNSS, 2023 seeking
regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.101/2026 was registered by
Basaveshwara Nagar Police Station, Bengaluru City for the
offence punishable under Section 103(1) read with Section
3(5) of BNS, 2023 against two unknown persons, based on
the first information dated 03.03.2026 received from Sri
Mehaboob Pasha, Police Officer attached to Basaveshwara
Nagar Police Station, Bengaluru City. In the said case, the
petitioner was arrested on 05.03.2026 and remanded to
judicial custody. After completing investigation, charge
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HC-KAR
NC: 2026:KHC:60659
CRL.P No. 16029 of 2026
CNR: KAHC010732062026
sheet is filed against two persons and the petitioner is
arrayed as accused No.1 in the charge sheet. His bail
application filed before the jurisdictional Sessions Court in
Crl.Misc.No.8810/2026 was rejected on 21.09.2026.
Therefore, he is before this Court.
4. The first informant in the present case is a
Police Constable, who was on night patrolling. It appears
that he had received information about the incident that
had taken place near Raghavendra Dosa Corner at
Thimmaiah Road within the jurisdiction of Basaveshwara
Nagar Police Station on the night of 02.03.2026 and
immediately thereafter, he had gone to the spot of crime.
After seeing the dead body of deceased Shashi Kumar, he
had approached the police and based on his first
information, FIR was registered against two unknown
persons.
5. During the course of investigation, accused No.1
and his brother were arrested and remanded to judicial
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HC-KAR
NC: 2026:KHC:60659
CRL.P No. 16029 of 2026
CNR: KAHC010732062026
custody. In the charge sheet, which is subsequently filed,
it is alleged that on 02.03.2026 at about 23:20 hours, the
petitioner had gone to the aforesaid Dosa Corner and had
purchased food. It appears that deceased Shashi Kumar
and CW.2 were also present near the said hotel and were
eating food which they had purchased from the said hotel.
When the petitioner came out of the hotel, he allegedly
stamped the leg of Shashi Kumar accidentally and
therefore, there was a verbal altercation between the two
parties. CW.2 and CW.3 pacified the parties and sent away
the petitioner.
6. Subsequently, the petitioner allegedly contacted
his brother accused No.2, who came near the hotel armed
with a knife. Thereafter, the petitioner quarrelled with
CW.2 and assaulted him with his hand and when CW.2 fell
down, accused No.2 assaulted him with a knife which he
had brought with him. When Shashi Kumar tried to
interfere, accused No.2 allegedly assaulted Shashi Kumar
with the knife which he had with him. As a result, Shashi
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CRL.P No. 16029 of 2026
CNR: KAHC010732062026
Kumar sustained grievous injuries and subsequently
succumbed to the same.
7. CW.2 and CW.3 are the eyewitnesses to the
incident in question. A reading of their statements would
go to show that the allegation of assaulting the injured
victim, CW.2, with a knife and also assaulting deceased
Shashi Kumar with a knife is found only as against accused
No.2, who is arrested and remanded to custody. So far as
the petitioner is concerned, the only allegation against him
is that he had assaulted CW.2 with his hands after
quarrelling with him. It is not in dispute that the petitioner
has no other criminal antecedents. Postmortem report of
the deceased would go to show that cause of death is due
to stab injury to the neck sustained. The said injury is
corresponding to the assault made by accused No.2 with a
knife.
8. Under the circumstances, I am of the opinion
that the prayer made by the petitioner for grant of regular
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NC: 2026:KHC:60659
CRL.P No. 16029 of 2026
CNR: KAHC010732062026
bail needs to be answered affirmatively, subject to
appropriate conditions. Accordingly, the following:
ORDER
i) The Criminal Petition is allowed .
ii) The petitioner is directed to be enlarged on bail
in Crime No.101/2026 registered by Basaveshwara Nagar
Police Station, Bengaluru City for the offence punishable
under Section 103(1), 109 read with Section 3(5) of BNS,
2023, subject to the following conditions:
a) The petitioner shall execute personal
bond for a sum of Rs.1,00,000/- 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;
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CRL.P No. 16029 of 2026
CNR: KAHC010732062026
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 the
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
SHS
List No.: 1 Sl No.: 86