2026 Supreme(Online)(Kar) 32165
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. Nagaprasanna, J
MANOJ @ MANU @ POOMA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 5566 OF 2026
For the Appellants/Petitioners: Jayanth Venkatram, Devaraju R
For the Respondents: Rashmi Patel
The registration of a subsequent crime does not automatically warrant the cancellation of bail already granted, especially if the accused has been granted bail in that subsequent offence, as it does not necessarily constitute a misuse of liberty that impedes a fair trial.
Headnote:The petitioner approached the court under Section 482 of the Cr.PC (Section 528 BNNS) seeking to quash an order dated 24.01.2026 passed by the XV Addl. City Civil and Sessions Judge, Bengaluru City, which cancelled the petitioner's bail in Crime No. 169/2024. The cancellation was based on the ground that the petitioner had been involved in a subsequent crime, Crime No. 229/2024, while on bail. The court found that the petitioner had already been granted regular bail in the subsequent crime (Crime No. 229/2024) by the same court of session. The primary issue was whether the mere registration of a subsequent crime automatically justifies the cancellation of bail already granted. The court reasoned that "the mere registration of a subsequent crime against the accused itself, cannot result in the automatic cancellation of the bail once granted" and that if the petitioner has been granted bail in the subsequent crime, the ground for cancellation of the previous bail no longer holds water. The petition stands allowed.
| Table of Content |
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| 1. review of lower court's reasoning for bail cancellation due to misuse of liberty. (Para 7 , 9) |
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NC: 2026:KHC:30485
CRL.P No. 5566 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5566 OF 2026
BETWEEN:
MANOJ @ MANU @ POOMA
S/O SUBRAMANYA,
AGED ABOUT 20 YEARS,
R/AT NO.14, 2ND CROSS,
NEAR MAHADESHWARA TEMPLE,
HOSAGUDDADAHALLI, MYSORE ROAD,
BENGALURU - 560 026.
…PETITIONER
(BY SRI. JAYANTH VENKATRAM, ADVOCATE A/W
SRI. DEVARAJU R, ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally signed by
BY BYATARAYANAPURA POLICE STATION
SANJEEVINI J
KARISHET TY NO.22/25, MYSORE ROAD,
Location: High VENKATESHPURA,
Court of Karnataka
BANASHANKARI STAGE 1,
BYATARAYANAPURA, BENGALURU,
KARNATAKA - 560 026
REP. BY SPP, HIGH COURT BUILDING
BANGALORE - 560 001.
…RESPONDENT
(BY SMT. RASHMI PATEL, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNNS) PRAYING TO A. QUASH AND SET ASIDE THE IMPUGNED
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CRL.P No. 5566 of 2026
HC-KAR
ORDER DATED 24.01.2026 PASSED BY THE XV ADDL.CITY
CIVIL AND SESSIONS JUDGE BENGALURU CITY IN CRL.MISC
NO.4178/2025 CANCELLING THE BAIL GRANTED TO THE
PETITIONER (ANNEXURE-A).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before the Court calling in question an
order of the concerned Court dated 24.01.2026, which cancels
the bail granted in Crime No.169/2024 on the score that the
petitioner, after his enlargement on bail, has indulged in
identical offences, which have become a crime in
Crime No.229/2024.
2. Heard Sri Jayanth Venkatram, learned counsel along
with Sri Devaraju R., appearing for the petitioner and
Smt. Rashmi Patel, HCGP appearing for respondent No.1.
3. The petitioner gets embroiled in a crime in Crime
No.169/2024, which is registered on 12.05.2024 for the
offences punishable under Sections 307, 504, 506 read with 34
of the IPC. The petitioner was taken into custody and was later
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CRL.P No. 5566 of 2026
HC-KAR
enlarged on bail on 19.06.2024 in Crl.Mis.No.5205/2024. After
the enlargement on bail, the prosecution files an application
seeking cancellation of bail granted in Crime No.169/2024 on
the score that the petitioner has got himself embroiled in
another crime in Crime No.229/2024 for the offences
punishable under Sections 109 , 115(2), 118(1) of the BNS,
inter alia. The application of the prosecution merits acceptance
at the hands of the concerned Court and the bail so granted in
Crime No.169/2024 stood cancelled. It is this order of
cancellation of bail, which has driven the petitioner to this Court
in the subject petition.
4. The learned counsel appearing for the petitioner
submits that the strength on which the cancellation of bail in
Crime No.169/2024 has happened, is no longer in subsistence,
as the very Court of Session has granted the bail in
Crime No.229/2024 i.e., the subsequent crime. Therefore, the
order of cancellation of bail must be set aside.
5. Per contra, the learned HCGP would accept the fact
that the concerned Court has granted bail in
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CRL.P No. 5566 of 2026
HC-KAR
Crime No. 229/2024 and would leave the decision to the hands
of this Court.
6. I have given my anxious consideration to the
submissions made by the respective learned counsel and have
perused the available material on record.
7. The afore-narrated facts lie in a narrow compass,
whether the order of cancellation of bail would stand
sustenance today. It is an admitted fact that the petitioner gets
embroiled in Crime No.169/2024, for offence punishable under
Section 307 of the IPC, inter alia. The petitioner was enlarged
on bail on 19.06.2024, it having been granted by the concerned
Court. After his enlargement on bail, the prosecution files an
application on the score that the conditions of bail are violated,
as the petitioner has got himself embroiled in a subsequ