- 1 - NC: 2025:KHC:12126 CRL.P No. 2239 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2239 OF 2025 BETWEEN: SRI IMTHIYAZ @ BABU, S/O IQBAL KHAN, AGED ABOUT 32 YEARS, R/AT SAVAKANAHALLI VILLAGE, C/O GOVINDARAJU, KASABA HOBLI, BAGALUR TQ. BENGALURU - 560 064. DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. …PETITIONER (BY SRI. VISHRUTH C.,ADVOCATE) AND: THE STATE OF KARNATAKA, BY VISHWANATHAPURA POLICE STATION, BENGALURU RURAL DISTRICT. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT.N.ANITHA GIRISH., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CR.NO.37/2022 OF THE VISHWANATHAPURA POLICE STATION AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 498A, 302 R/W SEC. 34 OF IPC, PENDING BEFORE THE V ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT AT Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12126 CRL.P No. 2239 of 2025 DEVANAHALLI, UPON SUCH TERMS AND CONDITIONS THAT THIS HONBLE COURT DEEMS FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.15048/2022 is pending before the Court of Vth Additional District and Sessions Judge, Devanahalli, Bengaluru Rural District, arising out of Crime No.37/2022 registered by Vishwanathapura Police Station, Bengaluru Rural District for offences punishable under Sections 498A, 302 and read with Section 34 of IPC is before this Court in this successive bail petition filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in No.37/2022 registered by Vishwanathapura Police Station, Bengaluru Rural District for the aforesaid offences against the petitioner and three others based on the first information dated 07.04.2022 - 3 - NC: 2025:KHC:12126 CRL.P No. 2239 of 2025 received from Mohammad Saab who is father of deceased Shammem Bhanu. 4. During the course of investigation of the case, petitioner herein was arrested on 07.04.2022 and subsequently remanded to judicial custody. After completing investigation, chargesheet has been filed against three persons. Petitioner is arraigned as accused No.1 in the chargesheet. Petitioner had earlier approached this court in Crl.P.No.8679/2022 and Crl.P.No.65/2024 which were dismissed. It is under these circumstances, petitioner is before this Court in this successive bail application. 5. Learned Counsel for the petitioner submits that petitioner who has no other criminal antecedents is in custody for the last nearly three years. Prosecution has examined all the chargesheet witnesses in the present case and the entire case of the prosecution is based on circumstantial evidence. Since the presiding officer of the Trial Court is now transferred, there is no further progress - 4 - NC: 2025:KHC:12126 CRL.P No. 2239 of 2025 in the case and considering the stage of the case, petitioner's custody is no more required. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. She submits that all the chargesheet witnesses have supported the case of the prosecution and therefore, petitioner's prayer is liable to be dismissed. 7. Perusal of the material available on record would go to show that the entire case of the prosecution is based on circumstantial evidence. Accused Nos.2 and 3 have been already enlarged on bail in the present case by the Trial Court. The prosecution has altogether cited 28 chargesheet witnesses in the present case and learned counsel for the petitioner has brought to the notice of this Court, out of 28 chargesheet witnesses 14 chargesheet witnesses are examined as P.W.1 to P.W.14 and the prosecution has closed its side of evidence. Therefore, there cannot be any apprehension that petitioner is likely to tamper with the material chargesheet witnesses. - 5 - NC: 2025:KHC:12126 CRL.P No. 2239 of 2025 Undisputedly, petitioner has no other criminal antecedents and he is in custody for the last nearly three years. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.15048/2022 is pending before the Court of Vth Additional District and Sessions Judge, Devanahalli, Bengaluru Rural District, arising out of Crime No.37/2022 registered by Vishwanathapura Police Station, Bengaluru Rural District for offences punishable under Sections 498A, 302 and read with Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One - 6 - NC: 2025:KHC:12126 CRL.P No. 2239 of 2025 Lakh only) 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 disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 21