- 1 - NC: 2025:KHC:12468 CRL.P No. 1281 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1281 OF 2025 BETWEEN: AKBAR ALI AGED ABOUT 48 YEARS S/O LATE AZEEZ PASHA NO.285, 9TH CROSS BEEDI COLONY, GOWSIYANAGAR C BLOCK, MYSURU - 570 019. …PETITIONER (BY SRI HEMANTH KUMAR K, ADV.) AND: THE STATE OF KARNATAKA BY BY UDAYAGIRI POLICE STATION, MYSURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.NO.124/2024 IN CR.NO.19/2024, FOR THE OFFENCES P/U/S 302 OF IPC, BEFORE THE VI ADDITIONAL DISTRICT AND SPECIAL JUDGE, MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12468 CRL.P No. 1281 of 2025 ORAL ORDER 1. Accused in S.C.No.124/2024 pending before the Court of IV Addl. District & Sessions Judge, Mysuru, arising out of Crime No.19/2024 registered by Udayagiri Police Station, Mysuru City, for the offence punishable under Section 302 IPC, is before this Court under Section 439 Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.19/2024 was registered by Udayagiri Police Station, Mysuru City, for the aforesaid offences against the petitioner herein based on the first information dated 04.02.2024 received from Mohamed Izhar Pasha - brother of deceased Naveeda Bi. During the course of investigation, petitioner herein was arrested on 04.02.2024 and subsequently remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against the petitioner for the aforesaid offence. His bail application filed before the Trial Court in S.C.No.124/2024 was rejected on 10.09.2024. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that the case of the prosecution is based on circumstantial evidence. The - 3 - NC: 2025:KHC:12468 CRL.P No. 1281 of 2025 cause for the death of the deceased becomes doubtful having regard to the injuries found on her body and it appears that the deceased had committed suicide. Petitioner has minor children to be taken care of. He is in custody from 04.02.2024. Investigation of the case is completed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that there are strong circumstances against the petitioner which clearly connect him to the crime. Death has taken place inside the house of the petitioner and he was found in the house immediately prior to the death of the deceased. The postmortem report would go to show that death was as a result of asphyxia due to strangulation. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that deceased is the wife of the petitioner and from their wedlock they have three children. In the first information, it is alleged that petitioner had incurred huge debt and was demanding money from his wife. For the reason that his wife was not willing to pay money to him as per his demand, he allegedly - 4 - NC: 2025:KHC:12468 CRL.P No. 1281 of 2025 decided to eliminate her, and on 04.02.2024 at about 4.00 p.m., petitioner allegedly had fought with the deceased, and thereafter had strangulated her neck with the help of a black coloured nylon rope and committed her murder. 7. CW-21 & CW-22 who are the neighbours of the petitioner's house have stated before the police that they had heard the petitioner quarreling with his wife at about 4.00 p.m. on 04.02.2024. They have also stated that they had thereafter seen petitioner taking his children and going out after locking the house. The children of the victim are cited as CW-17 & CW- 18 and they have stated that they were playing outside the house at about 4.00 p.m. on 04.02.2024 and when they returned home, their father who had closed the door of the house spoke to them from inside the house and asked them to go and play. Thereafter, their father had taken them to his brother's house and had left them there and returned home. 8. The postmortem report of the deceased would go to show that death was as a result of asphyxia due to strangulation. Death has taken inside the house of the petitioner and the material on record would go to show that he was present in the - 5 - NC: 2025:KHC:12468 CRL.P No. 1281 of 2025 house with the deceased and was found quarreling with her. The postmortem report would also reveal that deceased had sustained about 10 external injuries on her body which would go to show that she had fought with the assailant prior to her death. 9. Therefore, there are strong circumstances available against the petitioner which would connect him to the alleged crime. Under the circumstances, I am of the opinion that petitioner is not entitled for the relief sought for in the petition at this stage. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK