- 1 - HC-KAR NC: 2025:KHC:20651 CRL.P No. 6807 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6807 OF 2025 BETWEEN: JUNAID @ JUNNA S/O MOHAMMED ILIYAZ AGED ABOUT 28 YEARS R/AT87, VALMIKI NAGAR KASTHURIBANAGAR MYSORE ROAD, BENGALURU - 560 026. …PETITIONER (BY SRI NATARAJ D, ADV.) AND: STATE OF KARNATAKA BY JAGAJEEVANRAM NAGAR POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, OFF. AT HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THE PETITION AND GRANT REGULAR BAIL UNDER SEC.439 OF CRPC IN CRIME NO.240/2023 (S.C.NO.331/2024) REGISTERED AT JAGAJEEVANRAM NAGAR POLICE STATION, FOR THE OFFENCE P/US/ 302 OF IPC PENDING BEFORE THE LXXI ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY (CCH-72). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20651 CRL.P No. 6807 of 2025 ORAL ORDER Accused in S.C.No.331/2024 pending before the Court of LXXI Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.240/2023 registered by Jagajeevanramnagar Police Station, Bengaluru City, for the offence punishable under Section 302 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.240/2023 was registered by Jagajeevanramnagar Police Station, Bengaluru City for the aforesaid offence against the petitioner herein, on the basis of first information dated 10.12.2023 received from Fairoz Khan, who is the husband of deceased Parveen. During the course of investigation of the case, the petitioner herein was arrested on 11.12.2023 and subsequently remanded to judicial custody. Investigation - 3 - HC-KAR NC: 2025:KHC:20651 CRL.P No. 6807 of 2025 in the case was completed and charge sheet was filed against the petitioner for the aforesaid offence. 4. The bail application filed by the petitioner before the trail Court was rejected. Therefore, he had approached this Court in Crl.P.No.7768/2024, which was dismissed as withdrawn with liberty to the petitioner to approach this Court afresh, after examination of CW.2 Ayub pasha is completed before the Trial Court. Thereafter, the petitioner had filed Crl.P.No.973/2025, which was once again dismissed with liberty to the petitioner to file a fresh application after examination of CW.2 is completed before the Trial Court. It is under this circumstance, the petitioner is before this Court in this successive bail application. 5. Learned counsel for the petitioner submits that CW.2 has been examined as PW.4 before the Trial Court and the said witness has not supported the case of the prosecution. The petitioner, who has no criminal - 4 - HC-KAR NC: 2025:KHC:20651 CRL.P No. 6807 of 2025 antecedents is in custody for the last more than one year. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP, who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 7. The first information dated 10.12.2023 was submitted by the husband of deceased Parveen alleging that on 10.12.2023, he was informed by the owner of his house Ayub pasha (CW2) that on the said date, at about 3.30 p.m, accused/petitioner had assaulted Parveen with a knife on her chest and other parts of her body and thereafter had escaped from the spot, after throwing the weapon used by him at the spot. Subsequently, CW.2 and other had shifted the injured Parveen to hospital but she was declared brought dead by the doctor of Victoria hospital. 8. During the course of investigation, the petitioner was arrested on 11.12.2023. After completing investigation, charge sheet has been filed against him for - 5 - HC-KAR NC: 2025:KHC:20651 CRL.P No. 6807 of 2025 the aforesaid offence. In the charge sheet, CW.2 is cited as a sole eye witness to the incident in question. CW.2 has been now examined as PW.4 before the Trial Court and deposition of PW4 is made available to this Court. 9. Learned counsel for the petitioner has brought to the notice of this Court that Ayub pasha has not supported the case of the prosecution. Learned HCGP has not seriously disputed the submission made by the learned counsel for the petitioner. 10. Be that as it may, the fact remains that material charge sheet witness has been already examined. Therefore, there cannot be any apprehension that the petitioner may tamper with material charge sheet witness of the prosecution. The petitioner is in custody for the last more than one year and seven months. Out of the 33 charge sheet witnesses cited, till date, only four witnesses have been examined. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively - 6 - HC-KAR NC: 2025:KHC:20651 CRL.P No. 6807 of 2025 without expressing any opinion on merits/demerits of the case. 11. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.331/2024 pending before the Court of LXXI Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.240/2023 registered by Jagajeevanramnagar Police Station, Bengaluru City, for the offence punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - HC-KAR NC: 2025:KHC:20651 CRL.P No. 6807 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS