- 1 - HC-KAR NC: 2025:KHC:47384 CRL.P No. 14052 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14052 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. IMRAN S/O LATE SHAIK ALI AGED ABOUT 35 YEARS PRESENTLY R/AT : IQBAL RENTAL HOUSE NEAR GOVERNMENT SCHOOL BHAKTHANAPALYA, NELAMANGALA TOWN BENGALURU RURAL DISTRICT-562 123. PERMANENT R/AT: No. 131 PUTTALAHNAPALYA, ADEPETE NELAMANGALA TOWN BENGALURU RURAL DISTRICT-562 123. …PETITIONER (BY SRI GIRISH R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NELAMANGALLA TOWN PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER GRANTING BAIL THEREBY DIRECTING THE RESPONDENT NELAMANGALA TOWN Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47384 CRL.P No. 14052 of 2025 POLICE TO RELEASE THE PETITIONER / ACCUSED IN CR.No.60/2025 IN S.C.No.165/2025 PENDING ON THE FILE OF THE HONBLE VIII ADDL.DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT BENGALURU FOR THE ALLEGED OFFNECE PUNISHABLE UNDER SECTIONS 103(1),85,80(2) OF BNS AND SECTION 4 OF D.P ACT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of BNSS praying to grant bail in S.C.No.165/2025 arrising out of Crime No.60/2025 of Nelamangala Town Police Station registered for offences punishable under Section 103(1), 85, 80(2) of BNS and Section 4 of Dowry Prohibition Act pending on the file of VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. - 3 - HC-KAR NC: 2025:KHC:47384 CRL.P No. 14052 of 2025 3. Learned counsel for the petitioner would contend that the marriage of petitioner with the deceased is second marriage for both of them and it has taken place on 22.08.2024. The statement of C.W.9 and 10 indicate that the deceased and petitioner were residing in rented house and they are moving together and they had habit of consuming alcohol together. There are no eye witnesses to the incident. There are no criminal antecedents of the petitioner. There is no demand of dowry by this petitioner prior to the alleged incident. The child of the deceased out of her first marriage was also residing with the deceased and the petitioner and it is aged 14 years and the Investigating Officer has not recorded the statement of the said child. The post-mortem report indicates that cause of death is due to asphyxia and due to strangulation. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prays to allow the petition and grant of bail to the petitioner. - 4 - HC-KAR NC: 2025:KHC:47384 CRL.P No. 14052 of 2025 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the doctor who conducted post mortem examination has opined that the cause of death is due to asphyxia and due to strangulation. There are external injuries over neck, chest etc,. C.W.1 in his statement has stated that they heard loud voice from the house of the petitioner and deceased during night on 06.04.2025. C.W.2 is friend of the petitioner -accused before whom the petitioner has made extra judicial confession over phone and also personally. The C.W.3 is relative of the petitioner, before whom also the petitioner has made extra judicial confession. Call details of the phone of C.W.2 has been secured and statement of C.W.2 has been recorded under Section 183 of BNSS. The death of the petitioner has taken place in the house of petitioner -accused and there is no explanation of the petitioner with regard to death of the deceased. The offence alleged against the petitioner is - 5 - HC-KAR NC: 2025:KHC:47384 CRL.P No. 14052 of 2025 heinous offence punishable with death or imprisonment for life. With this, she prays to reject the petition. 5. Having heard learned counsels, this Court has perused charge sheet and other materials placed on the record. 6. As per charge sheet, the case of the prosecution is that petitioner and the deceased were married on 22.08.2024 and they are residing in rented house of C.W.23. C.W.9 and C.W.10 have seen deceased and petitioner residing in rented house and they are consuming alcohol together. C.W.11 has stated that he has heard loud voice in the night on 06.04.2025 from the house of petitioner and deceased. The death of the deceased has taken place in the house of the petitioner. The petitioner has to explain the circumstances under which the death of his wife has taken place. C.W.2 and C.W.3 are two witnesses before whom the petitioner accused has made extra judicial confession of he having committed murder of his wife deceased -Salma. The - 6 - HC-KAR NC: 2025:KHC:47384 CRL.P No. 14052 of 2025 statement of C.W.2 has been recorded under Section 183 of BNSS. Considering the above aspects, there is prima facie case against the petitioner for offences alleged against him. One of the offences alleged against the petitioner is punishable with death or imprisonment for life. If the petitioner is granted bail, there are chances of he tampering the prosecution witnesses and flee from justice. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 7 Ct.sm