IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF SEPTEMBER, 2022

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.7130 OF 2022

BETWEEN:

SHAKEER @ MOHAMMED SHAKEER, S/O BABA FAKRUDDIN, AGED ABOUT 27 YEARS, R/AT NO.527, 10TH CROSS, MUTURAYA BANDE, GANGONDANAHALLI, CHANDRALAYOUT, BENGALURU.

...PETITIONER

(BY SRI.JAGADEESHA M.S., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY CHANDRALAYOUT POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001.

...RESPONDENT

(BY SRI.R.D.RENUKARADHYA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.159/2021 OF CHANDRA LAYOUT P.S., BENGALURU CITY FOR THE OFFENCE P/U/S.302 OF IPC PENDING ON THE FILE OF ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-72) IN S.C.NO.1462/2022.

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed by the petitioner-accused under Section 439 of Cr.P.C., for granting bail in Crime No.159/2021 registered by Chandralayout Police station, pending in S.C.No.1462/2022 on the file of Additional City Civil and Sessions Judge, Bengaluru (CCH-72), for the offence punishable under Section 302 of the Indian Penal Code ('IPC' for short).

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

3. The case of the prosecution is that on the complaint of one Munni, mother of the deceased filed complaint to the police alleging that her deceased daughter Bibi Ayesha was married to this petitioner about 6 years back and having two male children. Previously, they were residing at Bagepalli. The accused used to quarrel, suspecting fidelity of his wife and harassing her. Therefore, they lodged two complaints to the Bagepalli police station. The police also advised him and sent back home. Thereafter, they shifted their house from Bagepalli to Bengaluru and stayed in house No.527, 10th Cross, Mutturaya Bande, Gangondanahalli, Bengaluru, belonging to one Mohammad Sadiq who is owner of the house on rent basis. Again there also accused started harassing the deceased wife. On that background, on 02.08.2021 the complainant received a phone call from her elder daughter Hasina that her daughter Bibi Ayesha was committed murder by her husband. Immediately they went to the hospital and saw dead body of the deceased Bibi Ayesha and thereby enquired with one Husna Banu, neighbour of the accused, that he was suspecting the deceased fidelity and quarreling with her, took out kitchen knife and committed murder of his wife.

4. After registering the case, the petitioner was arrested on 03.08.2021 and remanded to judicial custody. After investigation, the charge sheet has been filed. The petitioner has moved bail petition before the Sessions Judge, which came to be rejected. Hence, the petitioner-accused is before this Court.

5. Having heard the learned counsel for the petitioner and learned High Court Government Pleader and on perusal of the records it reveals that as per the statement of two eye witnesses Husna Banu and

4

Mansur Pasha, the petitioner was quarreling with his wife and assaulted with butcher knife which was taken from the kitchen. Post Mortem examination report reveals that there was 11 injuries caused by him out of which stab injuries on the neck, chest and other parts of the body, apart from scratch marks on the face and other parts of the body, which reveals that accused person inflicted multiple injuries, most of the injuries are stab injuries apart from other injuries. There was quarrel between husband and wife and he was suspecting fidelity of his wife for last 2 to 3 years. There was complaint after complaint filed against the petitioner-accused with the Bagepally police, in spite of the same, they advised and sent him back. Thereafter, they shifted to Bengaluru but he was always suspecting her fidelity and committed murder on 02.08.2021. Thereafter, he ran away from the spot and later he was apprehended. The statements of eye witnesses corroborated with the statement of the complainant and sister of the deceased who is another daughter of the complainant. The alleged offence is very serious one, he has not only inflicted one injury due to fit of anger, there was multiple stab injuries, thereby caused brutal murder of his own wife. If the petitioner is released on bail, there is every possibility of abscond, tampering and threatening the prosecution witnesses is not ruled out and it may cause delay in disposal of the case. Therefore, I am of the view that this petitioner is not entitled for bail. Hence, I pass the following:

ORDER

The criminal petition is dismissed.

Sd/- JUDGE

SKS