Manjunatha. H. M. @ Koli Manja vs State Of Karnataka & Ors

M.G.S. Kamal, J

This appeal is filed by the accused No.2/appellant being aggrieved by the order dated 02.12.2025, passed by the III Addl. District and Sessions Judge, Tumakuru, (hereinafter for brevity referred to as `trial Court), in Crl.Misc.Petition No.1742/2025, by which, the trial Court has rejected the petition filed by the appellant under Section 439 of Cr.P.C.

Heard learned counsel for both side and perused the material on record.

The accused No.2/appellant filed the above Miscellaneous Petition seeking regular bail in the case registered in Crime No.142/2023, by the respondent No.1 - police, now pending in Spl.C.C.No.668/2023, for the offences punishable under Sections 143, 147, 148, 302, 324, 341, 120B, 427, 435, 504, 506 read with Section 149 of IPC and Section 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015.

The case of the prosecution is that, on 29.03.2023, at about 8.45 p.m., the complainant and his brother Ravi and all the accused persons had been to Nesara Dhaba to have dinner. At that time, there was some altercation between Ravi and accused No.1 pertaining to certain money transactions, which eventually led accused No.1 assaulting on the head of brother of the complainant with chopper, causing grievous injuries. This resulted in registration of the case before Turuvekere police station. This incident led the complainant and the accused to explore the possibility of settlement. Accordingly, complainant invited accused No.1 and his brother for compromising the matter.

That on 03.06.2023, at about 11.00 p.m., complainant and his friends by name Sanju, Dilip, Mohan, Manjunatha and Darshan went to Kammasandra, near Karekallu. The complainant invited accused No.1 to come to negotiation, however, accused No.1 invited complainant and his friends to come to his house. When the complainant and his friends were on the way to the house of accused No.1, two of the friends of accused No.1 stopped them. At that time, accused No.1 came to the spot in two cars with deadly weapons and assaulted Dilip, causing bleeding injuries. The complainant and his friends immediately shifted injured Dilip to the hospital. This incident has led to the registration of present case in Crime No.142/2023. Said Dilip succumbed to the injuries on 08.06.2023.

A charge sheet came to be filed for the offences noted above against the accused persons. The appellant herein is arraigned as accused No.2.

Learned counsel for the appellant taking this Court through the records, submits that there are totally seven accused and all of them have been enlarged on bail. Learned counsel has furnished the details of the said bail orders at Paragraph No.9 of the petition. The said details are extracted hereunder :

(a) Accused No.1 by name Prasad Kumar was enlarged on bail vide order dated 04.09.2025 in Crl.A.No.1481/2025.

(b) Accused No.3 by name Manu K.P. was enlarged on bail vide order dated 27.11.2024 in Crl.A.No.1256/2024.

(c) Accused No.4 by name Chethan H. was enlarged on bail vide order dated 08.02.2024 in Crl.A.No.114/2024.

(d) Accused No.5 by name Bhraveshwara alias Byresh @ Bhyrava H. was enlarged on bail vide order dated 21.02.2024 in Crl.A.No.2046/2023.

(e) Accused No.6 by name Suresha K.S. alias Baratha was enlarged on bail vide order dated 27.02.2024 in Crl.A.No.2288/2023.

Learned counsel for the accused No.2/appellant submits that since identical allegations are made against the appellant, who is accused No.2 in the charge sheet, he is entitled for the benefit of similar orders passed in the aforesaid orders in favour of the co-accused on the ground of parity.

Learned HCGP in response does not dispute the fact that other accused have been enlarged on bail in terms of the orders referred above.

In that view of the matter, this Court could not see any reason not to admit the accused No.2/appellant on bail. Accordingly, the following order:

ORDER

i) Appeal is allowed.

ii) The impugned order dated 02.12.2025, passed in Crl.Misc.No.1742/2025 by the learned III Additional District and Sessions Judge, Tumakuru, is set aside. Consequently, the appellant -accused No.2 is granted bail and he is ordered to be released on bail in Crime No.142/2023 of Turuvekre police station (pending in Spl.C.No.668/2023), subject to following conditions:

a) Accused No.2/appellant shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh) with one surety for the likesum to the satisfaction of the trial court.

b) Accused No.2/appellant shall not threaten the complainant/witnesses or tamper the prosecution evidence.

c) Accused No.2/appellant shall appear before the trial Court on all the dates of hearing unless exempted and co-operate for speedy disposal of the case.

d) The accused No.2/appellant shall not involve in commission of any similar offence during the pendency of case registered against him.