- 1 - HC-KAR NC: 2025:KHC:37670 CRL.P No. 11330 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11330 OF 2025 BETWEEN: 1. SYED SHABBEER @ SYED SHABBIR @ SHABBIR S/O LATE SYED SULTAN, AGED ABOUT 29 YEARS, R/AT NO.99, 11TH CROSS, MODI ROAD, DEVARAJEEVANAHALLI, BENGALURU – 560 045. …PETITIONER (BY SRI. MANOJ S.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DEVARAJEEVANAHALLI POLICE STATION, BENGALURU-560045 NOW REPRESENTED BY THE SPP, HIGH COURT BUILDING, AMBEDKAR VEEDHI, OPP. TO VIDHANA SOUDHA, BENGALURU-560001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN S.C.NO.363/2020 PENDING ON THE FILE OF XIII ADDL. CITY CIVIL AND SESSIONS JUDGE MAYO HALL, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37670 CRL.P No. 11330 of 2025 BENGALURU, FOR THE OFFENCE P/U/S 302 OF IPC ON THE BASIS OF THE FIR REGISTERED IN CR.NO.309/2019 BY THE RESPONDENT D.J HALLI POLICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent. Perused the material on record. 2. Petitioner, sole accused has been charge sheeted for the offence punishable under Section 302 of Indian Penal Code in connection with Crime No.309/2019 registered at Devarajeevanahalli Police Station. He is accused of committing the murder of Syed Waseem, brother of first informant Sri.Syed Imran on 06.11.2019 at about 11.30 a.m., stabbing him with a knife. 3. This Court on two occasions i.e., in Crl.P.No.3695/2021 vide order dated 12.05.2021 and Crl.P.No.4457/2022 vide order dated 21.10.2022, dismissed the prayer seeking bail. This is a successive bail - 3 - HC-KAR NC: 2025:KHC:37670 CRL.P No. 11330 of 2025 petition filed by the petitioner, on the ground of his long incarceration. 4. Petitioner was arrested on 12.11.2019. He has been in judicial custody since then, that is for nearly 6 years. However, what is to be kept in mind is that the eyewitnesses C.W.11 to C.W.13 are yet to be examined. It is submitted that summons are issued to the said witnesses starting from the month of July, 2025, but they are not secured by the prosecution. 5. Since, the eyewitnesses are not yet examined and considering that prayer seeking bail was rejected twice by this Court, I am of the view that at this stage, petitioner is not entitled for bail. However, if the prosecution fails to examine the eyewitnesses within 3 months from today, petitioner is at liberty to move the Sessions Court for bail. If any application for bail is filed, the same shall be considered expeditiously, in accordance with law. - 4 - HC-KAR NC: 2025:KHC:37670 CRL.P No. 11330 of 2025 6. With the above observation, the petition is disposed of. 7. Registry to communicate this order to the Trial Court, forthwith. Sd/- (MOHAMMAD NAWAZ) JUDGE RHS List No.: 1 Sl No.: 35