Shri. Manjunath S/O Suresh Terdala vs The State Of Karnataka on 21 May, 2026

    0
    28
    ADVERTISEMENT

    Karnataka High Court

    Shri. Manjunath S/O Suresh Terdala vs The State Of Karnataka on 21 May, 2026

                                                    -1-
                                                                NC: 2026:KHC-D:6555
                                                           CRL.P No. 100870 of 2026
    
    
                          HC-KAR
    
    
                               IN THE HIGH COURT OF KARNATAKA AT DHARWAD
                                   DATED THIS THE 21ST DAY OF MAY, 2026
                                                  BEFORE
                               THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
                                   CRIMINAL PETITION NO. 100870 OF 2026
                                          (438(Cr.PC)/482(BNSS))
                          BETWEEN:
    
                          1.   SHRI. MANJUNATH S/O. SURESH TERDALA
                               @ MANJUNATH TERADAL,
                               AGE: 29 YEARS, OCC: PRIVATE WORK,
                               R/O: WARD NO.5,
                               SIDRAMESHWAR COLONY,
                               MUDHOL, DIST.- BAGALKOTE - 587 313.
    
                          2.   SHRI. MALLAPPA S/O. KASHEPPA GUDLAR
                               @ MALLU GUDLAR,
                               AGE: 28 YEARS, OCC: PRIVATE WORK,
                               R/O: WARD NO.5, SIDRAMESHWAR COLONY,
                               MUDHOL, DIST-BAGALKOTE - 587 313.
    
                          3.   SHRI. VISHWA S/O. KRISHNA BAGI @ ISWAR
                               BHAGI,
                               AGE: 23 YEARS, OCC: PRIVATE WORK,
    Digitally signed by
    CHANABASAPPA K
                               R/O: WARD NO.5,
    KALLUR
    Location: HIGH
                               SIDRAMESHWAR COLONY,
    COURT OF
    KARNATAKA                  MUDHOL, DIST.-BAGALKOTE - 587 313.
    DHARWAD BENCH
    
    
                          4.   SHRI. ANAND S/O. SHIDDAPPA KATTIMANI
                               @ ANAND KATTIMANI,
                               AGE: 29 YEARS, OCC: PRIVATE WORK,
                               R/O: WARD NO.5,
                               SIDRAMESHWAR COLONY,
                               MUDHOL, DIST-BAGALKOTE - 587 313.
    
                          5.   SHRI. SANTOSH S/O. KRISHNA BAGI,
                               @ SANTOSH BHAGI,
                               AGE: 29 YEARS, OCC: PRIVATE WORK,
                               R/O: WARD NO.5,
                                  -2-
                                            NC: 2026:KHC-D:6555
                                       CRL.P No. 100870 of 2026
    
    
    HC-KAR
    
    
         SIDRAMESHWAR COLONY,
         MUDHOL, DIST-BAGALKOTE - 587 313.
    
    6.   SHRI. KIRAN S/O. BASAVARAJ KHANAPETH,
         @ KIRAN KANPET,
         AGE: 22 YEARS, OCC: PRIVATE WORK,
         R/O: WARD NO.7, PAVANACHUKKI,
         MUDHOL, DIST: BAGALKOTE - 587 313.
                                                 ...PETITIONERS
    (BY SRI R.H. ANGADI, ADV.)
    
    AND:
    
    THE STATE OF KARNATAKA,
    (MUDHOL POLICE STATION),
    REP. BY STATE PUBLIC PROSECUTOR,
    HIGH COURT OF KARNATAKA,
    DHARWAD BENCH DHARWAD - 580 011.
                                                 ...RESPONDENT
    
    (BY SRI AVINASH MALIPATIL, HCGP FOR RESPONDENT)
    
    
         THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF
    CR.P.C. (U/SEC. 482 OF BNSS, 2023) PRAYING TO ISSUE A
    DIRECTION TO THE MUDHOL POLICE STATION TO ENLARGE
    THE PRESENT PETITIONERS, WHO ARE ARRAYED AS ACCUSED
    NOS.1 TO 6 ON BAIL IN THE EVENT OF THEIR ARREST BY THE
    MUDHOL POLICE IN THEIR P.S. CRIME NO. 72/2026 FOR THE
    ALLEGED OFFENCES PUNISHABLE U/SEC. 189(2), 191(2),
    191(3), 329(4), 115(2), 118(1), 118(2), 109(1), 352, 351(2)
    R/W SECTION 190 OF BNS-2023. (U/SEC 142, 147, 148, 448,
    323, 324, 326, 308, 504 AND 506 R/W 149 OF IPC) ON THE
    FILE OF ADDL. CIVIL JUDGE AND CJM, MUDHOL, TO MEET THE
    ENDS OF JUSTICE.
    
    
         THIS CRIMINAL PETITION, COMING ON FOR ORDERS
    THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
    
    CORAM:    HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
                                   -3-
                                                 NC: 2026:KHC-D:6555
                                          CRL.P No. 100870 of 2026
    
    
    HC-KAR
    
    
                               ORAL ORDER

    This petition is filed under Section 438 of Cr.P.C.

    (Section 482 of BNSS, 2023) seeking to enlarge accused

    SPONSORED

    nos.1 to 6 on anticipatory bail in the event of their arrest

    in Crime No.72 of 2026 registered by the respondent-

    Police.

    2. Sri R. H. Angadi, learned counsel appearing for

    petitioners/accused Nos.1 to 6 at the outset submits that

    presently he would not press this petition insofar as

    accused No.1 is concerned. Submission is placed on

    record. It is submitted that there is an altercation between

    the accused persons and the complainant on 13.03.2026

    and immediately accused filed the complaint with the

    Police and similarly the complainant has also filed a

    complaint against the accused persons with respondent-

    Police. Both are registered as Crime Nos.72 and 73 of

    2026. It is submitted that the entire allegation in the

    complaint is against accused No.1 and taking the

    averments of complaint on its face value, no case is made

    out against the other accused persons for the offence
    -4-
    NC: 2026:KHC-D:6555
    CRL.P No. 100870 of 2026

    HC-KAR

    punishable under Section 109(1) of the BNS, 2023. It is

    admitted that the accused have no criminal antecedents

    and they are law-abiding citizens and they are employed

    in private organization and they are the bread earners of

    their families and if they are apprehended in the aforesaid

    crime, their families would suffer. Hence, he seeks

    protection of granting anticipatory bail in the event of their

    arrest.

    3. Per contra, Sri Avinash Malipatil, learned counsel

    appearing for the respondent-State vehemently opposed

    the petition and submits that the case and counter case

    though registered by the Police. However, if the injuries

    suffered by the victim in Crime No.73 of 2026 perused

    which are grievous in nature and these facts are required

    to be taken note of and investigation is under progress,

    and if the accused are granted protection of anticipatory

    bail, there is likelihood of tampering the prosecution

    witnesses. Hence, he seeks to dismiss the petition.
    -5-

    NC: 2026:KHC-D:6555
    CRL.P No. 100870 of 2026

    HC-KAR

    4. I have heard the arguments of learned counsel for

    petitioners, learned HCGP appearing for the respondent-

    State and perused the material available on record.

    5. The case of the prosecution is that one Sandeep

    Narayan Kalal of Mudhol has filed written complaint with

    the respondent-Police, stating that on 13.03.2026 at about

    11 a.m., when the complainant and his brother were in

    clothes shop, the accused persons went there having

    armed with a knife, rod and club, and attacked the

    complainant and his brother. It is the case of prosecution

    that accused No.1-Manjunath stabbed the complainant

    with a knife and caused grievous injuries and accused Nos.

    2 to 4 assaulted him with iron rods, when the brother of

    complainant Satish and Tousif Mulla tried to rescue him,

    accused Nos.5 and 6 are also assaulted him. The

    respondent-Police registered the crime as Crime No.72 of

    2026 for the offences punishable under Sections 189(2),

    191(2), 191(3), 329(4), 115(2), 118(1), 118(2), 109(1),

    352, 351(2) read with Section 190 of the BNS Act 2023.
    -6-

    NC: 2026:KHC-D:6555
    CRL.P No. 100870 of 2026

    HC-KAR

    The perusal of the complaint averments indicate that the

    severe overt acts are alleged against accused No.1 with

    regard to causing of injury on the complainant. Insofar as

    allegation in the complaint with regard to other accused

    are not in serious, and considering the averments in the

    complaint, prima-facie, I am of the view that case under

    Section 109(1) of BNS, 2023 is not made out against the

    other accused persons. The learned HCGP has placed the

    Wound Certificate issued by the Sharada Orthopedic

    Specialty Hospital of the complaint, which indicates that

    the injury suffered by the victim is of grievous nature. The

    material placed by the prosecution indicate that there are

    serious allegations against accused No.1 and considering

    the said aspect, I am of the view that petition of other

    accused deserves to be allowed by imposing conditions on

    the accused persons.

    6. For the aforementioned reasons, this Court

    proceeds to pass the following :

    -7-

    NC: 2026:KHC-D:6555
    CRL.P No. 100870 of 2026

    HC-KAR

    ORDER

    (i) Petition is allowed in respect of petitioner/

    accused Nos.2 to 6 are concerned.

    (ii) The petitioner/accused Nos.2 to 6 are to be

    enlarged on bail in the event of their arrest in

    Crime No.72 of 2026 registered by the Mudhol

    police for the offences punishable under

    Sections 189(2), 191(2), 191(3), 329(4),

    115(2), 118(1), 118(2), 109(1), 352, 351(2)

    R/w Section 190 of BNS, 2023. (U/Sec. 142,

    147, 148, 448, 323, 324, 326, 308, 504 and

    506 R/w. Section 149 of IPC) subject to

    following conditions:

    (a) The petitioner/accused Nos.2 to 6 shall be

    released on bail on their execution of

    personal bond for a sum of ₹1,00,000/-

    each with one solvent surety for the like

    sum to the satisfaction of the concerned

    Investigating Officer.

    -8-

    NC: 2026:KHC-D:6555
    CRL.P No. 100870 of 2026

    HC-KAR

    (b) The petitioner/accused Nos.2 to 6 shall

    not repeat the similar offences.

    (c) The petitioner/accused Nos.2 to 6 shall

    not temper with the witnesses of

    prosecution.

    (d) The petitioner/accused Nos.2 to 6 shall

    surrender before the Investigating officer

    on or before 11.06.2026 without fail and

    they shall appear and provide attendance

    before the Investigating Officer once in a

    month, i.e. second Saturday between

    09.00 a.m. to 05.00 p.m.

    (e) The petitioner/accused Nos.2 to 6 shall

    co-operate with the investigation.

    (iii) The criminal petition pertains to accused No.1,

    is rejected.

    Sd/-

    (VIJAYKUMAR A.PATIL)
    JUDGE
    CKK List No.: 1 Sl No.: 14



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here