logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide
24

  •            

 
CDJ 2026 Kar HC 984 My Notes print Preview print print
Court : High Court of Karnataka
Case No : Criminal Petition No. 11804 Of 2026
Judges: THE HONOURABLE MR. JUSTICE M. NAGAPRASANNA
Parties : K.S. Manohar Versus The State Through Represented By State Public Prosecutor, Bangalore & Another
Appearing Advocates : For the Petitioner: Nishit Kumar Shetty, Advocate. For the Respondents: R1, K. Nageshwarappa, HCGP.
Date of Judgment : 14-08-2026
Head Note :-
Arms Act - Section 3 & 25 -

Comparative Citation:
2026 KHC 43422,
Judgment :-

(Prayer: This Crl.P is filed u/S 482 Cr.P.C. (filed u/S 528 BNNS) by the advocate for the petitioner praying that this Honourable Court may be pleased to set aside the order dated 22.04.2026 in S.C.No.5015/2021 passed by the V Addl. District and Sessions Judge, D.K.Mangaluru sitting at Puttur, D.K. on application filed by the 1st Respondent u/S 483(3) of BNSS seeking cancellation of bail granted to the petitioner in Sc.No.5015/2021 (Crime No.74/2020 of Sullia Police Station) for the offences u/S 448, 324, 302 r/w 34 of IPC and Section 3 and 25 of Arms Act passed by the V Addl. District and Sessions Judge, D.K.Mangaluru sitting at Puttur, D.K.)

Oral Order

1. The petitioner is before the Court calling in question an order of the concerned Court dated 22.04.2026 in S.C.No.5015/2021, wherein an application filed by the prosecution under Section 439(5) of the Cr.P.C./Section 483(3) of the BNSS, 2023 for cancellation of bail is answered in favour of the prosecution.

2. Heard Sri. Nishit Kumar Shetty, learned counsel appearing for the petitioner, Sri. K. Nageshwarappa, learned HCGP appearing for respondent No.1 and have perused the material on record.

3. The petitioner gets embroiled in a crime and is drawn as accused No.1 in Crime No. 35/2025 for offences punishable under Sections 448, 324, 302 read with Section 34 of the IPC and Sections 3 and 25 of the Arms Act. He is taken into custody. Pursuant to said registration of the crime, the concerned Court grants bail to the petitioner in Crime No.35/2025 on 04.02.2025. After the enlargement of the petitioner on grant of bail, it transpires that the petitioner gets involved in another crime on the allegation of threatening of witnesses. On the score that the petitioner has indulged in the second crime for the threatening of witnesses after his release from prison, the prosecution files an application under Section 483(3) of the BNSS seeking cancellation of bail as one of the conditions that was imposed, while granting bail was that, the petitioner should not indulge in any crime or threaten the witnesses. The threatening of the witnesses becomes a crime in Crime No.130/2025 and it transpires that concerned Court has granted bail in the said case as well.

4. In the light of the concerned Court granting bail in the subsequent crime, the only reason for cancellation of bail was that the petitioner has indulged in threatening the witnesses would lose its legs to stand. The petition deserves to succeed on the score that the petitioner is now out on bail in the subsequent crime and is entitled to continue on bail in the subject crime, which was granted earlier.

5. For the aforesaid reasons, the following:

ORDER

          (i) The petition is allowed.

          (ii) The order dated 22.04.2026 passed in S.C.No.5015/2021 by the V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, Sitting at Puttur, Dakshina Kannada, on the application filed under Section 439(5) of the Cr.P.C. / Section 483(3) of the BNSS, 2023, is hereby set aside.

          (iii) The order granting bail dated 04.02.2025 stands restored with the same conditions that were imposed at the time of granting of bail.
 
  CDJLawJournal