- 1 - HC-KAR NC: 2026:KHC:32597 CRL.P No. 7224 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7224 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR. NAWAZ @ NAWAZ SHARIF S/O. BABU BAI, AGED ABOUT 43 YEARS, R/AT NO. 1510, 39TH BLOCK, BDA LAYOUT, AUSTIN TOWN, VIVEK NAGAR, BANGALORE CITY-560 047. …PETITIONER (BY SRI. SAMPATH KUMAR D.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS INSPECTOR, VIVEKNAGAR POLICE, POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AT BANGALORE-560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGED THE ACCUSED ON BAIL IN CR.NO.112/2023 (S.C.NO.15/2024) WHICH IS REGISTERED BY THE VIVEK NAGAR POLICE FOR THE OFFENCE P/U/S 302 OF IPC AND THE SAID MATTER IS PENDING BEFORE IN THE COURT OF LXXI ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY CCH-72. Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32597 CRL.P No. 7224 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in S.C No.15/2024 pending before the Court of LXXI Addl. City Civil and Sessions Judge, Bengaluru City (CCH- 72) arising out of Crime No.112/2023 registered by Vivekanagar Police Station, Bengaluru for offence punishable under Section 302 of IPC is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.112/2023 was registered by Viveknagar Police Station, Bengaluru for the aforesaid offence against the petitioner herein based on the first information dated 14.07.2023 received from Smt. Meena - mother of deceased Heena. In the said case, petitioner was arrested on 15.07.2023 and remanded to judicial custody. After completing investigation, charge sheet was filed against him for the aforesaid offence. His bail application filed before the jurisdiction of Sessions Court was rejected and therefore, he - 3 - HC-KAR NC: 2026:KHC:32597 CRL.P No. 7224 of 2026 had approached this Court in Criminal Petition No.13021/2023 which was dismissed as withdrawn on 12.01.2024. Thereafter, he had filed Criminal Petition No.4813/2024, which was also dismissed as withdrawn on 12.07.2024. Subsequently, the petitioner had filed the third successive to the bail application before this Court in Criminal Petition No.11898/2025, which was disposed of on merits on 24.11.2025, Thereafter, petitioner has filed a fresh bail application before the trial Court in S.C. No.15/2024, which was rejected on 27.04.2026. It is under these circumstances, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that case of the prosecution is based on circumstantial evidence. Petitioner is in custody for the last three years. All the material charge sheet witnesses examined in the present case have turned hostile. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who was opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that entire case of the prosecution is based on circumstantial - 4 - HC-KAR NC: 2026:KHC:32597 CRL.P No. 7224 of 2026 evidence. Criminal petition No.13021/2023 filed by the petitioner was dismissed as withdrawn on 12.01.2024 with liberty to the petitioner to file a fresh petition, if the trial does not commence within a period of four months from the date of order in the said petition. Subsequently, petitioner had filed Criminal Petition No.4813/2024 before this Court, which was dismissed as withdrawn with liberty to the petitioner to file a fresh bail application before the trial Court after recording of evidence material charge sheet witnesses. Criminal Petition No.11898/2025 was dismissed by this Court on 24.11.2025 with liberty to the petitioner to file a fresh bail application before the trial Court, after examination of the material charge sheet witnesses is completed. It is now brought to the notice of this Court that as on this date, prosecution has examined 16 charge sheet witnesses as PW1 to PW16 and all the material charge sheet witnesses are already examined. 7. Submission made by learned counsel for the petitioner that the material charge sheet witnesses have not supported the case of the prosecution and therefore, they are treated as - 5 - HC-KAR NC: 2026:KHC:32597 CRL.P No. 7224 of 2026 hostile witnesses and cross examined by the Public Prosecutor is not disputed by the learned HCGP. 8. In view of the aforesaid and also taking into consideration the period of petitioner's incarceration, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C No.15/2024 pending before the Court of LXXI Addl. City Civil and Sessions Judge, Bengaluru City (CCH-72) arising out of Crime No.112/2023 registered by Vivekanagar Police Station, Bengaluru for the offence punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2026:KHC:32597 CRL.P No. 7224 of 2026 b) The petitioner shall appear regularly on all the date of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed of. SD/- (S VISHWAJITH SHETTY) JUDGE BS List No.: 1 Sl No.: 01/07/2026