NOOR SHEIKH A M ALIAS NOORI v. THE STATE OF KARNATAKA
CRL.P/9231/2026 · 2026-07-30
S Vishwajith Shetty
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35305 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35305 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010430292026 NC: 2026:KHC:40309 CRL.P No. 9231 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9231 OF 2026 BETWEEN:
NOOR SHEIKH A M ALIAS NOORI S/O ABDUL JABBAR AGED ABOUT 43 YEARS R/AT15/A, NEAR AKSA MAZJID YALACHANAHALLI BENGALURU PIN - 560 078 …PETITIONER (BY SRI SUYOG HERELE E, ADV.) AND:
THE STATE OF KARNATAKA THROUGH KUMARASWAMY LAYOUT POLICE STATION, BANGALORE REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVIAH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.124/2024 (PENDING ON THE FILE OF THE LD LXXI ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY IN SC NO.967/2024) REGISTERED BY KUMARASWAMY LAYOUT POLICE STATION, BANGALORE FOR THE ALLEGED OFFENCES P/U/S 302, 341 AND 506 R/W 34 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010430292026 NC: 2026:KHC:40309 CRL.P No. 9231 of 2026
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.1 in SC No.967/2024 pending before the Court of LXXI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.124/2024 registered by Kumaraswamy Layout Police Station, Bengaluru, for the offences punishable under Sections 302, 341, 506 and 34 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.124/2024 was registered by Kumaraswamy Layout Police Station, Bengaluru, for the offences punishable under Sections 302, 109 and 34 of IPC, against the petitioner and two others based on the first information dated 29.04.2024 received from Iliyaz, who is the brother of deceased Seefath Banu. In the said case, petitioner was arrested on 29.04.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons and petitioner is arraigned as accused No.2
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HC-KAR
CNR: KAHC010430292026 NC: 2026:KHC:40309 CRL.P No. 9231 of 2026
in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had earlier approached this Court in Crl.P.No.8223/2025 which was
disposed off on 10.07.2025 with liberty to the petitioner to file a fresh bail application, after examination of the alleged eye witnesses, namely, CW3 and CW4, is completed. Subsequently, the petitioner had approached this Court in Crl.P.No.12173/2025, which was dismissed on 06.04.2026 with liberty to the petitioner to file a fresh bail application before the Trial Court since he had not approached the Trial Court after examination of CW3 and CW4 was completed. Therefore, the petitioner had filed fresh bail application before the Trial Court in Crl.Misc.No.4252/2026 which was dismissed on 14.05.2026. It is under these circumstances, he is before this Court in this successive bail application. 4. Deceased Seefath Banu was the wife of the petitioner and from their wedlock, they have three daughters and a son. It appears that subsequently Seefath Banu had developed relationship with one Suhail Khan from Bombay and in spite of advice, she had decided to live with Suhail Khan at Bombay. - 4 -
HC-KAR
CNR: KAHC010430292026 NC: 2026:KHC:40309 CRL.P No. 9231 of 2026
She had informed the petitioner about the same and had stated that she would be taking her children along with her to Bombay. Petitioner therefore apprehended danger to his daughters and decided to commit the murder of his wife. On 29.04.2024, he and accused No.2 had purchased a knife and thereafter, gone to the house of the deceased and after quarreling with her, accused No.1/petitioner assaulted her multiple times and committed her murder. CW3 and CW4 are the eye witnesses to the said incident. Therefore, the prayer of the petitioner for grant of regular bail was rejected earlier with liberty to the petitioner to file a fresh bail application after examination of CW3 and CW4 is completed. 5. It is not in dispute that CW3 and CW4 are now examined before the Trial Court. Out of 42 charge sheet witnesses cited in the present case, as on this date, only 8 charge sheet witnesses are examined as PW1 to PW8. All the material charge sheet witnesses, including the alleged eyewitnesses, have been now examined before the Trial Court and therefore, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses.
Considering the fact that
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HC-KAR
CNR: KAHC010430292026 NC: 2026:KHC:40309 CRL.P No. 9231 of 2026
out of 42 charge sheet witnesses, only 8 charge sheet witnesses are examined as on this date, the chances of trial being completed and the case being disposed off in the near soon is very remote. Petitioner, who has no other criminal antecedents is in custody for the last more than two years. He is required to take care of his three daughters and a son, who are all minors. Under the circumstances, the following order:-
6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.967/2024 pending before the Court of LXXI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.124/2024 registered by Kumaraswamy Layout Police Station, Bengaluru, for the offences punishable under Sections 302, 341, 506 and 34 of IPC, subject to the following conditions:
a) Petitioner shall execute a 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 unless the
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HC-KAR
CNR: KAHC010430292026 NC: 2026:KHC:40309 CRL.P No. 9231 of 2026
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.
Sd/- (S VISHWAJITH SHETTY) JUDGE
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