- 1 - NC: 2025:KHC:16720 CRL.P No. 4773 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4773 OF 2025 BETWEEN: MR. MUJAMIL PASHA SON OF MOHAMMED GHOUSE AGED ABOUT 38 YEARS, R/AT NO.9, 7TH MAIN ROAD, BHAIRAPPA LAYOUT, NEAR RASHIDIYA MASJID, GOVINDAPURA BENGALURU - 560 045 …PETITIONER (BY SRI. RAJANNA B.C., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH GOVINDAPURA POLICE STATION BENGALURU - 560 045 REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.,) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.28/2022, S.C NO.1185/2022 OF GOVINDAPURA POLICE STATION, BENGALURU FOR THE O/P/U/S 498A, 302 OF IPC, WHICH IS PENDING ON THE FILE OF HONBLE XLV ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-46). 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:16720 CRL.P No. 4773 of 2025 ORAL ORDER Accused in S.C.No.1185/2022 pending before the Court of XLV Additional City Civil and Sessions Judge, Bangalore (CCH- 46), arising out of Crime No.28/2022 registered by Govindapura Police Station, Bengaluru, for offences punishable under Section 498A and 302 of Indian Penal Code (for short 'IPC') is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard. 3. FIR in Crime No.28/2022 was registered by Govindapura Police Station, Bangalore initially for the offence punishable under Section 302 of IPC, against the petitioner herein, based on the first information dated 26.02.2022 received from Shafir Ahmed, who is a distant relative of deceased Smt. Ayesha. 4. During the course of investigation of the case, petitioner was arrested on 26.02.2022 and subsequently, remanded to judicial custody. After completing investigation, charge sheet was filed against him for the aforesaid offences and his bail application filed before the Jurisdictional Sessions - 3 - NC: 2025:KHC:16720 CRL.P No. 4773 of 2025 Court was dismissed. Therefore, he had approached this Court in Crl.P.No.7010/2023, which was dismissed as withdrawn with liberty to the petitioner to file a fresh petition after examination of the complainant (CW.1) was completed before the Trial Court. It is under these circumstances, petitioner is before this Court in this successive bail application. 5. FIR was registered against the petitioner based on the first information received from Shafir Ahmed, who is the distant relative of deceased Smt. Ayesha, who was the wife of the petitioner herein. In the first information it is stated that petitioner used to quarrel with his wife for the reason that she had illicit relationship with other men. It is further stated in the first information that on 26.02.2022, first informant had received a information that petitioner had assaulted his wife and therefore, he had gone to his house to enquire and petitioner, who was in the house allegedly had confessed to the first informant that he had assaulted his wife with a machete and thereafter, he had left the place. First informant thereafter found the dead body of Smt. Ayesha inside the house and therefore, he had approached the police and based - 4 - NC: 2025:KHC:16720 CRL.P No. 4773 of 2025 on his first information, FIR was registered against the petitioner for offence punishable under Section 302 of IPC. 6. The case of the prosecution appears to be based on circumstantial evidence. PW1, who is the complainant in the present case is the material charge sheet witness and this witness has been already examined before the Trial Court as PW1. Petitioner, who has no other criminal antecedents is in custody for last more than three years. Out of the 28 charge sheet witnesses cited in the present case, till date, only one charge sheet witness has been examined. Considering the aforesaid aspects of the matter, more so, the period of the petitioner's incarceration, I am of the view that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively without expressing any opinion on the merits and demerits of the case. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. Crime No.28/2022 registered by Govindapura Police - 5 - NC: 2025:KHC:16720 CRL.P No. 4773 of 2025 Station, Bengaluru, for offences punishable under Section 498A and 302 of IPC, subject to the following conditions: 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 BH List No.: 1 Sl No.: 41