Criminal Petition No. 7918 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:22539 CRL.P No. 7918 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7918 OF 2025 BETWEEN: SHEIK MAJID ALI S/O LATE SHEIK UJEED ALI AGED ABOUT 47 YEARS R/AT RENTED HOUSE OF SRINIVAS NO.86/3, HALUBHAVI ROAD VARTHUR, BENGALURU - 560 087 PERMANENT ADDRESS, UDAL VILLAGE ADATH PANCHAYATH, NORTH 24 PARAGANA DIST., WEST BENGAL STATE - 743 221, (NOW HE IS IN J.C. IN THE ABOVE CASE SINCE 10-02-2023 CENTRAL PRISON BENGALURU CITY) …PETITIONER Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
Legal Reasoning
petitioner is before this Court in this successive bail petition. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, has prayed to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that after the dead body of deceased Monisha Khatun who was the wife of the petitioner was found in the house owned by the first informant which was rented to the petitioner and his wife, the first informant had approached the police and submitted the first information on 07.02.2023 and based on the same, FIR was registered against the petitioner, since the first informant had suspected the hand of the petitioner in the death of his wife - Monisha Khatun. During the course of investigation, petitioner was arrested on 09.02.2023 and thereafter he was remanded to judicial custody. Investigation of the case is - 4 - NC: 2025:KHC:22539 CRL.P No. 7918 of 2025 HC-KAR completed and charge sheet has been filed against the petitioner for the aforesaid offence. 7. In the charge sheet, it is alleged that petitioner suspected that his wife Monisha Khatun had illicit relationship, and therefore, he had decided to commit her murder. On 05.02.2023, he allegedly quarreled with her and on the early morning of 06.02.2023, petitioner allegedly strangulated the neck of his wife using a Bluetooth cable wire and committed her murder. The dead body of the deceased was inside the house till 07.02.2023, and thereafter, first information was submitted against the petitioner. 8. The entire case of the prosecution is based on circumstantial evidence. Out of the 23 charge sheet witnesses, as on this date, only one charge sheet witness is examined as PW-1. 9. In the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19, the Hon'ble Supreme Court has observed as follows: - 5 - NC: 2025:KHC:22539 CRL.P No. 7918 of 2025 HC-KAR "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 10. Petitioner is in custody in the present case for the last more than two years four months. Considering the delay in conducting trial, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 11. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.145/2023 pending before the Court of I Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.29/2023 registered by Varthur Police Station, Bengaluru City, for the offence punishable under Section 302 IPC, subject to the following conditions: - 6 - NC: 2025:KHC:22539 CRL.P No. 7918 of 2025 HC-KAR a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is
Arguments
(BY SRI MOHAMED IBRAHIM, ADV.) AND: STATE BY KARNATAKA BY THE SHO OF VARTHUR POLICE STATION BENGALURU CITY - 560 066 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001) …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE ABOVE NAMED PETITIONER ON BAIL IN THE ABOVE CASE IN CR.NO.29/2023 OF VARTHUR P.S., FOR THE OFFENCES P/U/S 302,201 OF IPC, PENDING IN THE SC.NO.145/2023 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT BENGALURU RURAL DISTRICT, BENGALURU. - 2 - NC: 2025:KHC:22539 CRL.P No. 7918 of 2025 HC-KAR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in S.C.No.145/2023 pending before the Court of I Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.29/2023 registered by Varthur Police Station, Bengaluru City, for the offence punishable under Section 302 IPC, is before this Court in this successive petition filed under Section 439 Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.29/2023 was registered by Varthur Police Station, Bengaluru City, for the offences punishable under Sections 302, 201 IPC against the petitioner herein based on the first information dated 07.02.2023 received from Srinivas S/o late Lakshmipathi. During the course of investigation, petitioner was arrested on 09.02.2023 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court was rejected, and therefore, - 3 - NC: 2025:KHC:22539 CRL.P No. 7918 of 2025 HC-KAR he had approached this Court in Crl.P.No.13463/2023 which was dismissed on 06.03.2024. Thereafter, petitioner had once again approached the Trial Court in S.C.No.145/2023 which was rejected on 07.10.2024. It is under these circumstances,
Decision
disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK