- 1 - HC-KAR NC: 2025:KHC:26547 CRL.P No. 5331 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.5331 OF 2025 BETWEEN: SHAKEER @ MOHAMMED SHAKEER S/O BABA FAKRUDDIN, AGED ABOUT 27 YEARS, R/AT NO.527, 10TH CROSS, MUTTURAYA BANDE, GANGONDANAHALLI, CHANDRA LAYOUT, BENGALURU-560 039. …PETITIONER (BY SRI H.JAGADEESHA, ADVOCATE) AND: THE STATE OF KARNATAKA CHANDRA LAYOUT POLICE STATION, BENGALURU, REP: BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE-560 001. …RESPONDENT (BY SMT.WAHEEDA.M.M, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.1462/2021 (CRIME NO.159/2021) FOR THE OFFENCES PUNISHABLE UNDER SECTION 302 OF IPC, OF THE RESPONDENT CHANDRA LAYOUT POLICE BENGALURU, PENDING ON THE FILE BEFORE LXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-72), BENGALURU. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26547 CRL.P No. 5331 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused in S.C.No.1462/2021 pending before the Court of LXXI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.159/2021 registered by Chandra Layout Police Station, Bengaluru, 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 learned counsel for the parties. 3. FIR in Crime No.159/2021 was registered by Chandra Layout Police Station, Bengaluru, against the petitioner based on the first information dated 02.08.2021 received from Munni wife of Riyaz. During the course of investigation, petitioner herein was arrested on 03.08.2021. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offence. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had - 3 - HC-KAR NC: 2025:KHC:26547 CRL.P No. 5331 of 2025 earlier approached this Court in Crl.P.No.7130/2022, which was dismissed on merits on 12.09.2022. Subsequently, he had filed fresh bail application before the Court of LXXI Additional City Civil and Sessions Judge, Bengaluru, in Crl.Misc.No.10969/2024, which was dismissed on 29.01.2025. Therefore, the petitioner is before this Court seeking regular bail. 4. Learned counsel for the petitioner submits that the petitioner who has no criminal antecedents is in custody for the last nearly two years. All the material charge sheet witnesses have already been examined before the Trial Court. Out of 27 charge sheet witnesses cited in the present case, only 10 witnesses have been examined as on this date. Hence, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition. She submits that the material charge sheet witnesses have supported the case of the prosecution. Accordingly, prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:26547 CRL.P No. 5331 of 2025 6. Petitioner is the husband of deceased Ayesha. The first informant in the present case is the mother-in-law of the petitioner. On 02.08.2021, at about 6.30 p.m., she received a phone call from her daughter Simran, who informed her that Ayesha was assaulted by the petitioner with a knife and as a result, she had suffered serious injuries and was shifted to hospital. Immediately thereafter, the first informant had approached the hospital and found that her daughter had died. Therefore, she had approached the Police and based on her first information, FIR was registered against the petitioner. 7. During the course of investigation, petitioner was arrested on 03.08.2021 and in the charge sheet which is filed against him subsequently, CW.2 to CW.6 are cited as eyewitnesses. 8. Learned counsel for the petitioner submitted that all the eyewitnesses have been examined before the Trial Court and till date, 10 charge sheet witnesses are examined out of the 27 charge sheet witnesses. Hence, prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC:26547 CRL.P No. 5331 of 2025 9. Learned High Court Government Pleader has not seriously disputed this submission. 10. Since the material charge sheet witnesses are already examined, there cannot be any apprehension that the petitioner may tamper with charge sheet witnesses. Out of 27 charge sheet witnesses, only 10 charge sheet witnesses are examined till date and therefore, trial in the case is not likely to be completed in the near soon. Therefore, chances of case being disposed of on merits at the earliest is very remote. 11. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693, at paragraph No.19, has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed - 6 - HC-KAR NC: 2025:KHC:26547 CRL.P No. 5331 of 2025 is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 12. Undisputedly, petitioner has no criminal antecedents. He is in custody in the present case nearly for the last four years. Therefore, I am of the view that without expressing any opinion on the merits or demerits and considering the period of incarceration, his prayer to grant regular bail requires to be answered affirmatively. 13. Hence, the following, (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.159/2021 registered by Chandra Layout Police Station, Bengaluru, for the offence punishable under Section 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 - 7 - HC-KAR NC: 2025:KHC:26547 CRL.P No. 5331 of 2025 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 MV, List No.: 1 Sl No.: 34