- 1 - NC: 2025:KHC:14390 CRL.P No. 3594 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3594 OF 2025 BETWEEN: SRI. RAFEEQ AHMED MASHALAJI S/O. LATE. JAFAR SAB, AGED ABOUT 36 YEARS, R/A. C/O NAZIR ULLA KHAN, RAJIV NAGAR, MALUR, KOLAR - 563 130 …PETITIONER (BY SRI. ABHILASH KUMAR .M.N., FOR SRI. NANJUNDA GOWDA M.R., ADVOCATES) AND: THE STATE OF KARNATAKA, BY MALUR POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKER VEEDHI, BENGALURU - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SC.NO.189/2023 ARISING OUT OF CR.NO.292/2023 OF MALUR P.S., AGAINST THE PETITIONER, FOR THE OFFENCES P/U/S 302 OF IPC, PENDING ON THE FILE OF HONBLE II ADDL. SESSIONS JUDGE, AT KOLAR. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:14390 CRL.P No. 3594 of 2025 ORAL ORDER Accused in S.C.No189/2023 pending before the Court of II Additional District and Sessions Judge, Kolar, arising out of Crime No.292/2023 registered by Malur Police Station, Kolar, for offence punishable under Section 302 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.292/2023 was registered by Malur Police Station, Kolar, for the aforesaid offence against the petitioner herein on the basis of the first information dated 19.07.2023 received from Nasirulla Khan, who is the owner of the house in which accused No.1 and his wife - deceased Shahanaz were residing. 4. During the course of investigation of the case, petitioner was arrested on 21.07.2023 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed. Bail application filed by the petitioner in S.C.No189/2023 before the - 3 - NC: 2025:KHC:14390 CRL.P No. 3594 of 2025 Jurisdictional Sessions Court was rejected on 07.06.2024. Therefore, the petitioner is before this Court. 5. Perusal of the material on record would go to show that marriage of the petitioner with deceased - Shahanaz was performed about 13 years back then and they were residing in a rented premises belonging to first informant - Nasirulla Khan. Dead body of Shahanaz was found in their house at about 7.00 am on 19.07.2023. On enquiry, first informant allegedly learnt that on the night of 18.07.2023, petitioner was present in the said house and he had quarreled with his wife. It is under these circumstances, FIR was registered against the petitioner for the aforesaid offence. 6. As per the charge sheet allegation, petitioner and his wife were residing in the premises belonging to first informant for the last three years and the petitioner was addicted to alcohol and he also had illicit relationship with another lady. It is under these circumstances, it appears that, there was a strained relationship between the couple and they were quarreling with each other. On 18.07.2023, petitioner allegedly returned home at about 8.00 pm after consuming alcohol. Petitioner and his wife Shahanaz allegedly thereafter - 4 - NC: 2025:KHC:14390 CRL.P No. 3594 of 2025 quarreled with each other. On the intervening night of 18.07.2023 and 19.07.2023 at about 2.30 am, petitioner allegedly assaulted Shahanaz, with a steel rod on her head while she was sleeping and committed her murder and thereafter, left his house after locking the same from outside. The entire case of the prosecution is based on circumstantial evidence. Undisputedly, the petitioner has no criminal antecedents and he is in custody for the last more than 1 year 8 months. Trial in the case is yet to commence and prosecution has cited 24 charge sheet witnesses in the present-case. Considering the aforesaid aspects of the matter, 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 The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.292/2023 registered by Malur Police Station, Kolar, for offence punishable under Section 302 of IPC, subject to the following conditions: - 5 - NC: 2025:KHC:14390 CRL.P No. 3594 of 2025 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 disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 53