- 1 - HC-KAR NC: 2025:KHC:40132 CRL.P No. 13646 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13646 OF 2025 [439(Cr.PC) / 483(BNSS)] BETWEEN: MOHAMMED ABUBAKAR @ ABBU S/O. WAJEED, AGED ABOUT 29 YEARS, R/AT NO.459, 4TH CROSS, NEAR USMANIYA MASJID, HARI COLONY, BANASHANKARI II STAGE, BANGALORE - 560 070. …PETITIONER (BY SRI. SYED MUZAKKIR AHMED, ADVOCATE) AND: STATE OF KARNATAKA KUMARASWAMY LAYOUT POLICE, BANGALORE CITY - 560 078. (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. BANGALORE- 560 001). …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) OF CODE OF CRIMINAL PROCEDURE PRAYING TO ENLARGE HIM ON BAIL IN CRIME Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40132 CRL.P No. 13646 of 2025 NO.258/2025 OF KUMARSWAMY LAYOUT POLICE STATION, BENGALURU CITY FOR OFFENCES PUNISHABLE UNDER SECTIONS 109, 85, 115(2), 351(2) AND 351(3) OF BNS WHICH IS PENDING ON THE FILE OF THE XXX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY. 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 the sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 seeking grant of bail in Crime No.258/2025 of Kumaraswamy Layout Police Station registered for the offences punishable under Sections 109, 85, 115(2), 351(2) and 351(3) of Bharatiya Nyaya Sanhita. 2. Heard learned counsel the petitioner and learned Additional Special Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, there are minor quarrels between the petitioner and - 3 - HC-KAR NC: 2025:KHC:40132 CRL.P No. 13646 of 2025 his wife. The petitioner is having two minor children. There is delay of two days in filing the complaint. Major portion of the investigation is completed. The petitioner is not required for custodial interrogation. The petitioner is ready to abide by any terms and conditions to be imposed by this Court. With these, he prayed to allow the petition. 4. Per contra, learned Additional Special Public Prosecutor would contend that, the offences alleged against the petitioner is heinous offence and punishable with imprisonment for life. Earlier also, the petitioner has assaulted his wife and she had filed a complaint twice and the petitioner whereunder has undertaken to look after her well. Two minor children of petitioner are eye witnesses to the incident. If the petitioner is granted on bail, there is a threat to the victim who is his wife and two eye witnesses who are their minor children. With these, she prayed for rejection of the petition. - 4 - HC-KAR NC: 2025:KHC:40132 CRL.P No. 13646 of 2025 5. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. The petitioner is the husband of first informant - Fathima. They have two minor children aged six years and one year three months old. The petitioner, his wife - first informant, two minor children and parents of the petitioner are residing together. As per the averments of First Information Report, the petitioner used to suspect his wife and used to come under intoxication and assault her with his hand etc. Earlier also, there are galatas and twice, the first informant had filed a complaint in the police station wherein the petitioner has undertaken to look after her well. The accusation as per the averments in complaint is that, the petitioner is attempted to commit murder of his wife by veil putting around her neck and pulling it and eye witnesses to the said incident are minor children of the petitioner. The investigation is in progress, if the petitioner is granted bail, he will go and reside with - 5 - HC-KAR NC: 2025:KHC:40132 CRL.P No. 13646 of 2025 his wife - first informant and his two minor children who are the eye witnesses to the said incident, there is a threat to the victim/wife and two minor children who are the eye witnesses. 7. Considering the above aspects, the petitioner has not made out a case for grant of bail. In the result, this Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 33