Syed Shabbeer @ Syed Shabbir @ Shabbir Vs the… — Murder and Culpable Homicide | Karnataka HC (2025)

Syed Shabbeer @ Syed Shabbir @ Shabbir Vs the… — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Bail not granted at this stage; petitioner given conditional liberty to move the Sessions Court for bail if the prosecution fails to examine the eyewitnesses within 3 months, such application to be considered expeditiously; Registry directed to communicate the order to the Trial Court forthwith.

Issue for consideration

Whether the petitioner, sole accused charge-sheeted for murder under Section 302 IPC who has been in judicial custody for nearly six years, is entitled to regular bail under Section 439 Cr.P.C. at this stage, given that eyewitnesses C.W.11 to C.W.13 are yet to be examined.

Court's answer

At this stage the petitioner is not entitled to bail, because the eyewitnesses (C.W.11 to C.W.13) are yet to be examined and his earlier prayers for bail were rejected twice by this Court.

Ratio / Principle

If the prosecution fails to examine the eyewitnesses within 3 months, the petitioner is at liberty to move the Sessions Court for bail, and any such application shall be considered expeditiously in accordance with law.

Detailed headnote1 paragraphs

Bail refused at this stage with a conditional window. The petitioner, sole accused, is charge-sheeted under Section 302 IPC for the stabbing murder of Syed Waseem (brother of first informant Syed Imran) on 06.11.2019, in Crime No.309/2019 of Devarajeevanahalli (D.J. Halli) Police Station; trial is pending as S.C.No.363/2020 before the XIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru. His two earlier bail petitions (Crl.P.Nos.3695/2021 and 4457/2022) had been dismissed on 12.05.2021 and 21.10.2022. In judicial custody since arrest on 12.11.2019 — nearly six years — he filed this successive petition under Section 439 Cr.P.C. (u/s 483 BNSS) on the ground of long incarceration. Holding that eyewitnesses C.W.11 to C.W.13 remain unexamined despite summons issued from July 2025, Mohammad Nawaz, J., disposed of the petition refusing bail, directing that if the prosecution fails to examine those eyewitnesses within 3 months, the petitioner may renew his plea before the Sessions Court, to be considered expeditiously in accordance with law.

NC: 2025:KHC:37670 CRL.P No. 11330 of 2025

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.11330 OF 2025

BETWEEN:

SYED SHABBEER @ SYED SHABBIR @ SHABBIR S/O LATE SYED SULTAN, AGED ABOUT 29 YEARS, R/AT NO.99, 11TH CROSS, MODI ROAD, DEVARAJEEVANAHALLI, BENGALURU – 560 045.

…PETITIONER

(BY SRI. MANOJ S.N., ADVOCATE)

AND:

Digitally signed by LAKSHMI T Location: High Court of Karnataka

THE STATE OF KARNATAKA BY DEVARAJEEVANAHALLI POLICE STATION, BENGALURU-560045 NOW REPRESENTED BY THE SPP, HIGH COURT BUILDING, AMBEDKAR VEEDHI, OPP. TO VIDHANA SOUDHA, BENGALURU-560001.

…RESPONDENT

(BY SRI. R. RANGASWAMY, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN S.C.NO.363/2020 PENDING ON THE FILE OF XIII ADDL. CITY CIVIL AND SESSIONS JUDGE MAYO HALL,

2 -

NC: 2025:KHC:37670 CRL.P No. 11330 of 2025

HC-KAR

BENGALURU, FOR THE OFFENCE P/U/S 302 OF IPC ON THE BASIS OF THE FIR REGISTERED IN CR.NO.309/2019 BY THE RESPONDENT D.J HALLI POLICE.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for the respondent. Perused the material on record.

Petitioner, sole accused has been charge

sheeted for the offence punishable under Section 302 of Indian Penal Code in connection with Crime No.309/2019 registered at Devarajeevanahalli Police Station. He is accused of committing the murder of Syed Waseem, brother of first informant Sri.Syed Imran on 06.11.2019 at about 11.30 a.m., stabbing him with a knife.

This Court on two occasions i.e., in Crl.P.No.3695/2021 vide order dated 12.05.2021 and Crl.P.No.4457/2022 vide order dated 21.10.2022, dismissed the prayer seeking bail. This is a successive bail

3 -

NC: 2025:KHC:37670 CRL.P No. 11330 of 2025

HC-KAR

petition filed by the petitioner, on the ground of his long incarceration.

Petitioner was arrested on 12.11.2019. He has

been in judicial custody since then, that is for nearly 6 years. However, what is to be kept in mind is that the eyewitnesses C.W.11 to C.W.13 are yet to be examined. It is submitted that summons are issued to the said witnesses starting from the month of July, 2025, but they are not secured by the prosecution.

Since, the eyewitnesses are not yet examined and considering that prayer seeking bail was rejected twice by this Court, I am of the view that at this stage, petitioner is not entitled for bail. However, if the prosecution fails to examine the eyewitnesses within 3 months from today, petitioner is at liberty to move the Sessions Court for bail. If any application for bail is filed, the same shall be considered expeditiously, in accordance with law.

4 -

NC: 2025:KHC:37670 CRL.P No. 11330 of 2025

HC-KAR

With the above observation, the petition is

disposed of .

Registry to communicate this order to the Trial

Court, forthwith.

Sd/(MOHAMMAD NAWAZ) JUDGE

RHS List No.: 1 Sl No.: 35