- 1 - NC: 2025:KHC:17972 CRL.P No. 5357 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5357 OF 2025 BETWEEN: SRI. SYED IRFAN PASHA @ SYED IRFAN S/O. SYED GHOUSE, AGED ABOUT 37 YEARS, RESIDING AT 6TH CROSS, P.H. COLONY, OPP. AQSA MASJID, TUMKUR - 572 101. (NOW IN JUDICIAL CUSTODY CENTRAL PRISON, TUMKUR) …PETITIONER (BY SRI. MOHAMMED MUJASSIM, ADVOCATE) AND: STATE OF KARNATAKA BY TUMAKURU WOMEN POLICE STATION, TUMAKURU CITY, (REPRESENTED BY LEARNED 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.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CR.NO.23/2024 OF THE RESPONDENT/TUMAKURU WOMEN P.S., FOR THE OFFENCES P/U/S 85, 108 OF THE BNS, 2023, PENDING ON THE FILE OF HONBLE II ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, TUMKUR, AT TUMKUR. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17972 CRL.P No. 5357 of 2025 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.23/2025 registered by Tumakuru Women Police Station, Tumakuru, for offences punishable under Sections 85 and 108 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.23/2025 was registered by Tumakuru Women Police Station, Tumakuru against the petitioner herein for the aforesaid offence on the basis of the first information dated 01.03.2025 received from Shahina - mother of deceased - Nagma. 4. During the course of investigation of the case, petitioner herein was arrested on 01.03.2025 and subsequently, remanded to judicial custody. Bail application filed by the petitioner in Crl.Misc.No.369/2025 before the - 3 - NC: 2025:KHC:17972 CRL.P No. 5357 of 2025 Jurisdictional Sessions Court was rejected on 20.03.2025. Therefore, the petitioner is before this Court. 5. Perusal of the averments made in the first information dated 01.03.2025 would go to show that, marriage of deceased-Nagma with one Rehamath was performed about 12 years prior to the date of registration of FIR and since the couple had a misunderstanding between them, the said marriage was dissolved by divorce. Subsequently, the deceased allegedly got acquainted to the petitioner herein and had married her and they were residing together separately in a rented premises. Nagma allegedly had committed suicide by hanging herself in her house on 01.03.2025 and thereafter, her mother who is the first informant had approached the police alleging that the petitioner was ill-treating his wife after marriage and therefore, her daughter had committed suicide. Investigation of the case is completed and the charge sheet has been filed. Undisputedly, petitioner has no criminal antecedents. The alleged offences are neither punishable with death nor with life imprisonment. It is not in dispute the prior to registration of the first information in the present case, no criminal case was registered against the petitioner alleging ill- - 4 - NC: 2025:KHC:17972 CRL.P No. 5357 of 2025 treatment to the deceased by him at any point of time. 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.23/2025 registered by Tumakuru Women Police Station, Tumakuru, for offences punishable under Sections 85 and 108 of BNS, 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; - 5 - NC: 2025:KHC:17972 CRL.P No. 5357 of 2025 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.: 40