- 1 - HC-KAR CNR: KAHC010410302026 NC: 2026:KHC:39072 CRL.P No. 8667 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8667 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: ABBA THAYUB @ BABU S/O LATE MOHAMMED SAIT AGED ABOUT 63 YEARS R/AT NO.6 BEHIND ATHA MASQUE RAHAMATHULLA REVENUE LAYOUT NAIDU NAGAR, N R MOHALLA, MYSURU. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: THE STATE OF KARNATAKA BY NARASIMHARAJA POLICE STATION MYSURU DISTRICT REP BY SPP HIGH COURT BUILDING BANGALORE-560001. …RESPONDENT (BY SRI.RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED U/S.483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.25/2024 (S.C.NO.101/2024) OF NARASIMHARAJA POLICE STATION, MYSURU FOR THE OFFENCE P/U/S 302 OF IPC PENDING ON THE FILE OF THE VI ADDL DISTRICT AND SPECIAL JUDGE, MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010410302026 NC: 2026:KHC:39072 CRL.P No. 8667 of 2026 ORAL ORDER 1. Accused in S.C.No.101/2024 pending before the Court of VI Additional District and Special Judge, Mysuru, arising out of Crime No.25/2024 registered by Narasimharaja Police Station, Mysuru for offence punishable under Section 302 of IPC, is before this Court in the successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned HCGP appearing for the respondent-State. 3. FIR in Crime No.25/2024 was registered by Narasimharaja Police Station, Mysuru, for offence punishable under Section 302 read with 34 of IPC, against the petitioner and three others based on the first information dated 16.02.2024 received from Syed Imran, nephew of deceased, Akhila Banu. In the said case, petitioner was arrested on 16.02.2024 and remanded to - 3 - HC-KAR CNR: KAHC010410302026 NC: 2026:KHC:39072 CRL.P No. 8667 of 2026 judicial custody. His bail application filed before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Criminal Petition No.5295/2024, which was dismissed for non-prosecution on 16.07.2024. Subsequently, petitioner had filed Criminal Petition No.9701/2024, which was dismissed as withdrawn on 26.11.2024 with liberty to renew his prayer for grant of regular bail after examination of material witnesses. It is under these circumstances, petitioner is before this Court in this successive bail application. 4. Perusal of the material on record would go to show that deceased Akhila Banu is the second wife of the petitioner. Petitioner, who is a retired employee of a silk factory, was married to Mubashira and from the said wedlock, the couple had 4 children. After the death of Mubashira, the petitioner had married Akhila Banu and he was living with her in his house along with the children born to him from his first wife. After the children of petitioner born to his first wife got married, he had given - 4 - HC-KAR CNR: KAHC010410302026 NC: 2026:KHC:39072 CRL.P No. 8667 of 2026 his house to his children and thereafter, started residing in a house purchased by him jointly in the name of himself and his second wife Akhila Banu. It appears that since the petitioner apprehended that Akhila Banu is likely to give the said house to her nephew after his death, he created a title document in his name and thereafter Akhila Banu started quarrelling with him. Therefore, the petitioner decided to eliminate her and on the intervening night of 15.02.2024 and 16.02.2024 at about 03.30 a.m., petitioner had strangulated the neck of his second wife Akhila Banu and committed her murder. 5. Entire case of the prosecution is based on circumstantial evidence. Petitioner aged 63 years having no other criminal antecedents is in custody in the present case for the last more than 2 years. Trial in the case is yet to commence. Records would reveal that though charges were framed as against the petitioner on 23.02.2025, till date not even a single charge sheet witness has been examined before the Trial Court. It appears that the Trial - 5 - HC-KAR CNR: KAHC010410302026 NC: 2026:KHC:39072 CRL.P No. 8667 of 2026 Court has issued non-bailable warrant as against CW1 and summons to CW2. However, the prosecution has failed to keep the said witnesses present before the Court till date. Therefore, the chances of the trial being completed and the case being disposed of in the near future, is very remote. 6. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another – (2024) 9 SCC 813 at paragraph No.17, has observed as follows: "17. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". - 6 - HC-KAR CNR: KAHC010410302026 NC: 2026:KHC:39072 CRL.P No. 8667 of 2026 7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative subject to appropriate conditions. Accordingly, the following order: ORDER i) The criminal petition is allowed. ii) The petitioner is directed to be enlarged on bail in S.C.No.101/2024 pending before the Court of VI Additional District and Sessions Judge, Mysuru, arising out of Crime No.25/2024 registered by Narasimharaja Police Station, Mysuru for offence punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 7 - HC-KAR CNR: KAHC010410302026 NC: 2026:KHC:39072 CRL.P No. 8667 of 2026 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 off. f) The petitioner is directed to surrender his passport, if any, before the Trial Court and the same shall be subject to further orders that may be passed by the Trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE HA LIST NO.: 1 SL NO.: 81