SRI. MANJUNATH ALIAS KOLI MANJA S/O YALLAPPA BAGALAD vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
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CRL.P No. 102410 of 2026
CNR: KAHC020166422026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102410 OF 2026
[439(Cr.P.C)/483(BNSS)]
BETWEEN:
1. SRI MANJUNATH ALIAS KOLI MANJA
S/O YALLAPPA BAGALAD,
AGED ABOUT 22 YEARS,
OCCUPATION: MASON,
RESIDING OF: AMARBHAGATH SINGH NAGAR,
GANGAVATHI - 583 227,
DISTRICT: KOPPAL.
2. SRI KARTHIK
S/O DURUGAPPA GONDABAL,
AGED ABOUT 20 YEARS,
OCCUPATION: MASON,
RESIDING OF: AMARBHAGATH SINGH NAGAR,
GANGAVATHI - 583 227,
DISTRICT: KOPPAL.
3.
SRI VEERESH
S/O YALLAPPA BAGALAD,
AGED ABOUT 21 YEARS,
OCCUPATION:LABOR,
RESIDING OF: AMARBHAGATH SINGH NAGAR,
GANGAVATHI - 583 227,
DISTRICT: KOPPAL.
…PETITIONERS
(BY SRI NEELENDRA D. GUNDE, ADVOCATE)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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AND:
STATE OF KARNATAKA
BY GANGAVATHI TOWN POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD - 580 001.
…RESPONDENT
(BY SRI JAIRAM SIDDI, H.C.G.P.)
*
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023,
PRAYING TO GRANT REGULAR BAIL IN CRIME NO.57 OF 2023
OF GANGAVATHI TOWN POLICE STATION, REGISTERED FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 427, 114,
143, 147, 148, 323, 324, 307, 504, 506, 109 READ WITH
SECTION 149 OF I.P.C., PENDING BEFORE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, KOPPAL, SITTING AT
GANGAVATHI, IN SESSIONS CASE NO.13 OF 2026.
THIS CRIMINAL PETITION IS COMING ON FOR FURTHER
ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
The petition is filed by the petitioners/accused Nos.4,
5 and 18 under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, seeking to grant regular bail in
Sessions Case No.13 of 2026 pending on the file of the I
Additional District and Sessions Judge, Sitting at
Gangavathi, for the offences punishable under Sections
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109, 114, 143, 147, 148, 302, 323, 324, 341, 427, 504
and 506 read with Section 149 of the Indian Penal Code,
1860.
2. The brief facts of the prosecution case are as
follows:
On 19.03.2023 at about 3:30 p.m., a quarrel took
place between Maruthi, first informant, accused No.3 and
one Raviteja Ballari near Petrol Bunk, situated at
Devinagar on Kampli Road, Gangavathi. Thereafter,
accused No.3 and a juvenile in conflict with law informed
accused No.14 about the incident. Accused No.14, in turn,
called the other accused persons near Srinivas Petrol
Bunk, situated at Julayinagar, Gangavathi, and they
decided to assault the first informant and his friends.
When Maruthi was proceeding on his scooter near Krupa
Hotel on Raichur Road, accused Nos.4 and 15 arrived on a
motorcycle, accused No.3 and the juvenile in conflict with
law arrived on another motorcycle, while accused Nos.1, 5
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and 12 arrived on a scooter, and accused Nos.7 to 11
arrived in a car of accused No.14, chased Maruthi and
wrongfully restrained him on the road. All the accused
abused Maruthi in filthy language and gave life threat to
him. All the accused kicked Maruthi with their hands and
legs and when he fell down, they crushed his head with a
stone. As a result of the same, Maruthi sustained grievous
injuries and was shifted to the Hospital. Subsequently, on
19.04.2023 at 7:30 a.m., Maruthi succumbed to the
injuries. In view of the death of Maruthi, Section 302 of
the Indian Penal Code, 1860, was invoked by the
Investigating Officer, in addition to the other offences.
During the course of investigation, the petitioners were
arrested by the respondent-Police and remanded to
judicial custody.
3. Accused Nos.4 and 5 were granted bail by this
Court on 19.04.2024 in Criminal Petition No.100875 of
2024, whereas accused No.18 was granted bail by the trial
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Court. Subsequently, accused Nos.4, 5 and 18 violated the
bail conditions and remained absent before the trial Court.
Consequently, non-bailable warrants were issued against
them on several occasions. As they failed to appear before
the trial Court, proclamation proceedings were initiated
against them. Their presence was eventually secured, and
they were remanded to judicial custody.
4. Sri Neelendra D. Gunde, learned counsel for the
petitioners, has vehemently contended that the petitioners
are innocent and have not committed any of the alleged
offences. They have been falsely implicated in the case. He
further submits that the petitioners undertake to appear
before the trial Court on all dates of hearing without fail
and to abide by any conditions that may be imposed by
this Court. Further, the petitioners are ready to deposit
earlier bond amount executed by them. Hence, he prays
for allowing the petition.
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5. Per contra , Sri Jairam Siddi, learned High Court
Government Pleader, opposes the petition and contended
that there are reasonable grounds to believe that the
petitioners have committed the alleged offences. He
further submits that the petitioners had absconded for
almost two years and were declared proclaimed offenders.
Therefore, they are not entitled to the relief of bail.
Accordingly, he prays for rejection of the petition.
6. A perused of the material on record discloses that
accused Nos.4 and 5 were granted bail by this Court and
accused No.18 was granted bail by the trial Court, subject
to the execution of personal bonds and furnishing of
sureties. However, during the subsequent period, accused
Nos.4, 5 and 18 remained absent before the trial Court.
Consequently, the trial Court issued non-bailable warrants
against them on several occasions. As they failed to
appear, proclamation proceedings were also initiated
against them. The above circumstances indicate that the
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present petitioners had earlier been enlarged on bail, but
failed to comply with the conditions imposed by the
Courts.
7. It is pertinent to note that whenever it is a case of
jumping of bail by the accused, whether there requires an
order to be passed by the Court as to the actual bond or
not was considered by a Co-ordinate Bench of this Court in
Sadananda v. State of Karnataka
the case of reported
ILR 1985 KAR 2813
in . Wherein, the Co-ordinate Bench
has clearly held that jumping of bail automatically results
in forfeiture of the bond and no separate order is
necessary as to forfeiture of the bond amount is
concerned.
8. Further, insofar as the surety is concerned, there
is a provision under Section 446(2) of the Code of Criminal
Procedure, 1973, that the Court may order for remission
of portion of the bond amount in the event the Court is
satisfied that the surety did all his best to secure the
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presence of the accused, but he was unable to do so. But,
similar provision is not available for remission of the bond
amount insofar as the accused is concerned. Therefore,
the unequivocal bond is executed by the accused in favour
of the State promising his presence before the Court till
the bond comes to an end by process known to law. When
such promise is broken, entirely on the acts that could be
attributable to the conduct of the accused, there cannot be
any other plea that the accused can raise insofar as the
forfeiture of the bond is concerned. Therefore, this Court
finds sufficient force in the arguments advanced by the
learned High Court Government Pleader that in case this
Court has to consider grant of bail again to the petitioners,
one of the necessary conditions that would be imposed by
this Court is recovery of the earlier bond amount.
9. Therefore, though it is not a case where the
petitioners are entitled to grant of bail as of right,
especially when it is stated in the petition that they have
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not filed any other similar petition before any other Court
for the same relief, this Court in the interest of justice is
resorting to allow the petition by using the discretionary
and special powers vested in this Court for affording one
more opportunity for the petitioners to participate in the
trial by remaining outside Court on bail.
10. Thus, considering the gravity of offences,
circumstances in which offences committed, position and
status of the petitioners, likelihood of they fleeing away
from the justice, repeating same offences, tampering with
witnesses, character and antecedents of the petitioners,
more particularly, the submission made by the learned
counsel for the petitioners, this Court is of the opinion
that, it is a fit case to grant bail on stringent conditions.
Accordingly, I proceed to pass the following
O R D E R
allowed.
i. Criminal petition is
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ii. The petitioners/accused Nos.4, 5 and 18 shall
be released on bail on executing a fresh
personal bond for a sum of Rs.2,00,000/-
(Rupees two lakh only) with two sureties for
likesum in Sessions Case No.13 of 2026 on the
file of I Additional District and Sessions Judge,
Koppal, Sitting at Gangavathi.
iii. The petitioners shall deposit the earlier bond
amount, executed by them, before the trial
Court before they are released on bail.
iv. The petitioners shall not threaten or tamper
with the prosecution witnesses.
Note:- It is made clear that the trial Court is directed
to issue release intimation/warrants in respect of the
petitioners to the concerned Prison authorities, subject to
the petitioners depositing the previously directed bond
amount.
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Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail .
Sd/-
(VENKATESH NAIK T)
JUDGE
KVK
List No.: 1 Sl No.: 18