- 1 - HC-KAR NC: 2025:KHC:31999 CRL.P No. 9392 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9392 OF 2025 BETWEEN: MR. NOOR AHAMED S/O. KHAJA HUSEN, AGED ABOUT 45 YEARS, R/AT NO. 04/172, R.C. NAGARA, MANTRALAYA, KURNOOL DISTRICT, ANDHRA PRADESH, NOW IN CENTRAL PRISON. …PETITIONER (BY SRI. MURTHY D NAIK, SR. COUNSEL FOR SRI. NARAYANA SWAMY.G.,ADVOCATE) AND: THE STATE BY SUBRAMANYANAGARA P. S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL.SPP) THIS CRL.P IS FILED U/S 483 BNSS PRAYING TO ALLOW THE PETITION BY GRANTING BAIL TO THE PETITIONER IN PURSUANCE OF SC.NO.1314/2022 REGISTERED BY SUBRAMANAYA NAGAR P.S., IN CR.NO.71/2021 BEFORE LX ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU FOR THE OFFENCES P/U/S 120(B),364,302,201 R/W 34 OF IPC, 1860. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31999 CRL.P No. 9392 of 2025 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 a successive bail petition filed by the petitioner praying to enlarge him on bail in S.C.No.1314/2022 pending before the LX Additional City Civil and Sessions Judge, Bengaluru. 2. Charge sheet is filed against accused Nos.1 to 4 by Subramanyanagar Police for the offence punishable under Section 120-B, 201, 302, 364 read with Section 34 of IPC. The petitioner is arraigned as accused No.2 in the charge sheet. 3. Learned Senior counsel appearing for the petitioner has drawn the attention of the Court to the order passed in Crl.P.No.1759/2024 disposed on 21.06.2024, wherein, this Court while dismissing the said bail petition, directed the Trial Court to complete the trial - 3 - HC-KAR NC: 2025:KHC:31999 CRL.P No. 9392 of 2025 within 9 months from the date of receipt of certified copy of the order. 4. It is submitted by the learned senior counsel that the petitioner is languishing in judicial custody from 24.11.2021 and though the Trial Court was directed to complete the trial within a specific period, the trial is still pending. He further contended that there are inconsistencies in the evidence of the prosecution witnesses now examined and considering the fact that this is a case of circumstantial evidence and the dead body was not traced and two of the accused are dead, petitioner who is in custody for nearly 4 years may be enlarged on bail by imposing any conditions. 5. Learned Additional SPP has opposed the prayer for bail, contending that this is the 7th bail petition preferred before this Court, and on three occasions petitions were dismissed on merits, once prior to filing of charge sheet and twice subsequent to charge sheet. He - 4 - HC-KAR NC: 2025:KHC:31999 CRL.P No. 9392 of 2025 contended that trial is in progress and 8 witnesses are already examined. He submits, the prosecution will not examine all the witnesses as the order sheet of the Trial Court would show that some of the witnesses have been bound over. 6. The learned Additional SPP further contended that the petitioner approached the Hon'ble Apex Court for bail and the said Petition was dismissed as withdrawn on 14.08.2024 and therefore, there is no merit in the petition. Hence, sought to dismiss the petition. 7. The facts of the case need not be gone into, as this Court on more than one occasion, has adverted to the facts of the case and dismissed the bail petitions on merits. 8. The offence alleged is one punishable with death or imprisonment for life. The fact that the petitioner is in judicial custody from 24.11.2021 is not in dispute. It is seen that this Court in Crl.P.No.1759/2024 directed the - 5 - HC-KAR NC: 2025:KHC:31999 CRL.P No. 9392 of 2025 trial Court to conclude the trial within a period of 9 months from the date of receipt of certified copy of the order, while dismissing the said petition vide order dated 21.06.2024. 9. Subsequent to the dismissal of the petition, petitioner once again approached this Court in Crl.P.No.1864/2025 seeking similar prayer. This Court having regard to the facts and circumstances of the case, rejected the bail petition vide order dated 19.02.2025. 10. The said order was assailed by the petitioner before the Supreme Court in SLP (Crl.) No.7886/2025, which was dismissed as withdrawn. 11. Be that as it may, the order sheet of the trial Court dated 11.08.2025, would read as under:- SC 1314/2022 Accused Nos.2 and 4 are produced from JC through VC by jail authority. JC of Accused is extended till next date of hearing. Explanation is submitted by PI, Subramanyanagar Police Station through PSI, in - 6 - HC-KAR NC: 2025:KHC:31999 CRL.P No. 9392 of 2025 answer to showcause notice issued by this court. Perused and accepted with direction to assist the court in securing prosecution witness. CW.11, 12 and 15 are present. CW.11 and 15 are examined as PW.8 and 9. Ex.P.21 to 47, MO. 1 to 4 are marked. PW. 9 cross examined in part. PW. 9 is bound over. Reissue witness summons to PW.5. For further cross examination of PW. 9 and PW. 5. Office is directed to keep articles mentioned in PF No. 88/2021, 89/2021, 90/2021 and 91/2021 in safe custody. Jail authority is directed to produce the accused Nos.2 and 4 physically on next date of hearing. Call on 22.08.2025 12. The learned senior counsel would submit that after the learned Sessions Judge dismissed the bail petition on 03.03.2023, he has not approached the Sessions Court on the ground of delay in trial. Hence, submitted that reserving liberty to the petitioner to approach the Sessions Court to file a fresh petition, on changed circumstances, on the ground of delay in trial, he may be permitted to withdraw the petition. - 7 - HC-KAR NC: 2025:KHC:31999 CRL.P No. 9392 of 2025 13. In light of the above submission, petition is dismissed, with liberty to the petitioner to file a petition before the Sessions Court as prayed for. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 54