- 1 - HC-KAR NC: 2025:KHC:24118 CRL.P No. 5341 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5341 OF 2025 BETWEEN: MUBARAK S/O MOHAMMED AGED ABOUT 29 YEARS RESIDENT OF, C/O SUGUNA BUILDING, PARANDAPALLI CROSS KOTHUR VILLAGE,, HOSUR TOWN KRISHNAGIRI DISTRICT - 635 109 NATIVE PLACE, TORAPALLI VILLAGE AND POST, HOSUR TALUK KRISHNAGIRI DISTRICT - 635 109. …PETITIONER (BY SRI NAGARAJA N, ADV.) AND: STATE OF KARNATAKA BY JIGANI POLICE STATION BANGALURU RURAL DISTRICT - 560 105 REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) 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.63/2024) S.C NO.5055/2024 FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 498(A), 302, OF I.P.C, OF RESPONDENT JIGANI POLICE STATION, BENGALURU RURAL Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24118 CRL.P No. 5341 of 2025 DISTRICT, PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT SIT AT ANEKAL. 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.5055/2024 pending before the Court of III Addl. District & Sessions Judge, Bengaluru Rural District, sitting at Anekal, arising out of Crime No.63/2024 registered by Jigani Police Station, Bengaluru District, for the offences punishable under Sections 498A, 302 IPC, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.63/2024 was registered by Jigani Police Station, Bengaluru District, for the aforesaid offences against the petitioner herein based on the first information dated 28.03.2024 received from Basheer Ahamed S/o Sabusab who is the uncle of deceased Smt. Arbiya Taj - wife of the petitioner herein. During the course of investigation, petitioner was arrested on 29.03.2024 and subsequently remanded to judicial - 3 - HC-KAR NC: 2025:KHC:24118 CRL.P No. 5341 of 2025 custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in S.C.No.5055/2024 was rejected on 27.02.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that the incident in question had taken place in a spur of moment after petitioner and his wife who is the deceased in the present case had quarreled with each other. Petitioner had no intention to commit her murder. He has no other criminal antecedents. He is in custody for the last more than one year. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that there are eye-witnesses to the incident in question and the petitioner has inflicted multiple stab injuries on his wife. The eye-witnesses are the close relatives of the petitioner and in the event, he is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly, she prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:24118 CRL.P No. 5341 of 2025 6. Perusal of the material on record would go to show that marriage of Arbiya Taj who is the daughter of the elder brother of the first informant was performed with the petitioner about three years prior to the alleged date of incident. From the wedlock, the couple have two minor children. In the first information, it is alleged that petitioner was in the habit of consuming alcohol, and thereafter abusing and assaulting his wife and other family members. Arbiya Taj who could not tolerate his ill-treatment had taken shelter in her parents house. Even thereafter, the petitioner used to visit the said house and he continued to abuse his wife after consuming alcohol. 7. On 28.03.2024 at about 11.15 a.m., petitioner had come home after consuming alcohol, and thereafter he had locked himself in a room in which Arbiya Taj was present and assaulted her initially with a wooden club, and thereafter, with a knife and committed her murder. CWs-4 to 6 who were present in the house tried to open the door of the room in which the petitioner was assaulting his wife and when they peeped from the window, they saw the petitioner stabbing his - 5 - HC-KAR NC: 2025:KHC:24118 CRL.P No. 5341 of 2025 wife. Thereafter, they broke opened the door of the room and immediately shifted injured Arbiya Taj to the hospital, where Arbiya Taj breathed her last. 8. The postmortem report of the deceased would go to show that she had suffered stab injuries all over her body. Petitioner, who was armed had locked himself in the room in which the deceased was present, and he had assaulted her initially with a club, and thereafter with a knife and as a result of the said assault, deceased Arbiya Taj had suffered as many as 12 incised/stab injuries, and therefore, it cannot be said that petitioner had no intention to commit the murder of his wife. Death is due to shock and hemorrhage as a result of the stab injury sustained on the chest by the deceased, which would go to show that petitioner had assaulted on the vital part of the body of the deceased. The eye-witnesses are all close relatives of the petitioner, and therefore, the apprehension expressed by the learned HCGP that in the event petitioner is enlarged on bail, there is likelihood of he tampering with the prosecution witnesses, cannot be ruled out. Under the circumstances, I am of the opinion that this is not a fit case for granting regular bail - 6 - HC-KAR NC: 2025:KHC:24118 CRL.P No. 5341 of 2025 to the petitioner at this stage. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK