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CRL.P No. 103448 of 2022

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 8^TH DAY OF DECEMBER 2022

BEFORE

THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 103448 OF 2022

BETWEEN:

MANJUNATH ALIAS SANTOSH ALIAS MALIK

S/O. SHANTAPPA PATIL,

AGE. 34 YEARS, OCC. BUSINESS,

R/O. DHAKANI ONI, SHIGGAON,

TQ. SHIGGAON, DIST. HAVERI.

&PETITIONER

(BY Miss. SHIVALEELA AREHUNASI FOR SRI. ARAVIND D

KULKARNI, ADVOCATE)

AND:

STATE OF KARNATAKA

THROUGH SHIGGAON POLICE STATION,

R/B STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

HIGH COURT BUILDING, DHARWAD.

&RESPONDENT

(BY SRI. PRASHANTH V.MOGALI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,

SEEKING

TO

ALLOW

THE

PETITION

AND

ENLARGE

THE

PETITIONER/ACCUSED NO.1 ON BAIL IN S.C. NO.85/2022 IN

(CR.NO.40/2022 SHIGGAON POLICE STATION), PENDING BEFORE

PRINCIPAL

DISTRICT

AND

SESSIONS

JUDGE,

HAVERI,

REGISTERED FOR THE OFFENCES PUNISHABLE U/S 307, 504, 506

OF IPC AND U/S 27(1), 29 OF ARMS ACT, 1959.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

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CRL.P No. 103448 of 2022

ORDER

This petition is filed by accused No.1 under

Section 439 of The Code of Criminal Procedure, 1973

(hereinafter referred to as the 8Cr.P.C.9, for brevity)

seeking bail in Crime No.40/2022 of Shiggaon Police

Station registered for the offences punishable under

Sections 212, 307, 504 and 506 of The Indian Penal

Code (hereinafter referred to as the 8IPC9, for

brevity) and Sections 25(1a), 27(1) and 29 of Arms

Act, 1959.

2.

The case of the prosecution is that, one

Veerabasappa @ Mutappa has filed the complaint

stating that on 19.04.2022 at about 9.30 p.m., he

along

with

his

friends

Nijaguna,

Vasantkumar(injured), Basavaraj and Praveen had

been to Rajashree Theater to watch KGF-2 movie.

At about 10.00 p.m., watching movie, his friend

Basavaraj laid his leg on the front seat which was

vacant. At that time, a person entered the theater

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CRL.P No. 103448 of 2022

and asked Basavaraj to remove the leg. The

injured-Vasantkumar told that person that if he

wants to sit in that seat he will make him to remove

the leg from the seat, for that the said person

started quarrelling with the injured and warned that

when he comes outside the theater he will take away

his life and went from the place. Again that person

came inside the theater with another person and

asked Vasantkumar to come outside. The injured-

Vasantkumar raised from seat and at that time, that

person fired with pistol and another person was

holding mobile torch. Those persons abused him in

filthy language and left the place. Thereafter, the

injured3Vasantkumar

was

taken

to

Shiggaon

Government Hospital. The said complaint came to

be registered in Crime No.40/2022 of Shiggaon

Police Station for the offences punishable under

Sections 307, 504, 506 read with Section 34 of IPC

and Section 25 of Arms Act, 1959. The Police after

the investigation filed charge sheet for the offences

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CRL.P No. 103448 of 2022

punishable under Sections 212, 307, 504, 506 of IPC

and Sections 25(1a), 27(1) and 29 of Arms Act,

1959.

The

petitioner

came

to

be

arrested

on

19.05.2022

and

he

is

judicial

custody.

The

petitioner filed Criminal Miscellaneous No.637/2022

seeking bail and the same came to be rejected by

the learned Principal District and Sessions Judge,

Haveri, by order dated 14.09.2022. Therefore, the

petitioner is before this Court seeking bail.

3.

Heard

the

arguments

of

the

learned

counsel appearing for the petitioner and the learned

High Court Government Pleader for the respondent-

State.

4.

The learned counsel for the petitioner

would contend that, there was no instigation and the

alleged incident has taken place at a spur of moment

as per the provocation. It is her further submission

that, the name of the petitioner is not stated either

in