- 1 - HC-KAR NC: 2025:KHC:48581 CRL.P No. 11898 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11898 OF 2025 BETWEEN: MR. NAWAZ @ NAWAZ SHARIF S/O.LATE BABU BAI, AGED ABOUT 43 YEARS. R/AT.NO. 15, 39TH BLOCK, BDA LAYOUT, AUSTIN TOWN, VIVEKNAGAR, BANGALORE - 560 047 &PETITIONER (BY SRI. SAMPATH KUMAR D.S, ADVOCATE) AND: THE STATE OF KARNATAKA BY ITS INSPECTOR, VIVEKNAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING AT BANGALORE - 560 001. &RESPONDENT (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGED THE ACCUSED ON BAIL IN CRIME NO.112/2023 (SC NO.15/2024) WHICH IS REGISTERED BY RESPONDENT VIVIKNAGAR POLICE FOR THE OFFENCE P/U/S 302 OF IPC AND THE SAID MATTER IS PENDING BEFORE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48581 CRL.P No. 11898 of 2025 THE HONBLE IN THE COURT OF LXXI ADDLL.CITY CIVIL AND SESSION JUDGE AT BANGALORE CITY (CCH-72). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This is the third successive petition preferred by the petitioner, seeking to enlarge him on bail. 2. Crl.P.No.13021/2023 was dismissed as withdrawn, reserving liberty to the petitioner to file a fresh petition, if the trial did not commence within a period of 4 months. The said order was passed on 12.01.2024. 3. Crl.P.No.4813/2024 was dismissed as withdrawn, with liberty to the petitioner to file a fresh petition before the Sessions Court, after recording of the evidence of material witnesses. 4. It is not in dispute that the trial has commenced. However, it is the grievance of the petitioner that though CW-1 was partly examined as PW-1 on - 3 - HC-KAR NC: 2025:KHC:48581 CRL.P No. 11898 of 2025 08.11.2024, since then there is no progress in trial. The learned counsel contended that the petitioner is languishing in judicial custody since 14.07.2023, i.e., for over 2 years 4 months. He submitted that the petitioner has five minor children, who are being looked after by the complainant i.e., their grandmother and since she is aged and without a source of income, it is very difficult for her to look after them. 5. Learned HCGP has opposed the petition, contending that material witnesses are not yet examined and therefore, if the petitioner is enlarged on bail, he may tamper with the prosecution witnesses and thereby hamper the case of prosecution. 6. It is the case of prosecution that the petitioner, suspecting the fidelity of his wife, committed the murder by strangulating her. Petitioner is in judicial custody since 14.07.2023. This Court while dismissing the earlier petitions filed by the petitioner, reserved liberty to file a fresh petition before the Sessions Court, after recording of - 4 - HC-KAR NC: 2025:KHC:48581 CRL.P No. 11898 of 2025 the evidence of material witnesses. Admittedly, the material witnesses are not yet examined. However, it is to be seen that since 08.11.2024 there is no progress in trial. From the order of the learned Sessions Judge, it is not forthcoming as to why the witnesses are not examined and why there is no progress in trial since 08.11.2024. 7. Petitioner cannot be kept in custody for an indefinite period without any progress in the trial. Hence, if the evidence of the material witnesses are not recorded within a period of three months from today, the petitioner is at liberty to move the Sessions Court afresh, for bail. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE ASN List No.: 1 Sl No.: 5