Mr. Mohammed Zaid Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

Mr. Mohammed Zaid Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be enlarged on regular bail in Crime No.310/2023 (Sections 302, 307, 504 IPC, Ashoknagar Police Station), subject to conditions: (a) personal bond of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the jurisdictional Court; (b) regular appearance on all hearing dates before the Trial Court unless exempted for valid reasons; (c) not to directly or indirectly threaten or tamper with prosecution witnesses; (d) not to involve in similar offences in future; (e) not to leave the jurisdiction of the Trial Court without its permission until disposal of the case.

Issue for consideration

Whether Accused No.1 in S.C. No.110/2024 (arising out of Crime No.310/2023 of Ashoknagar Police Station, for offences under Sections 302, 307, 504 of IPC) should be released on regular bail in this successive bail application filed under Section 439 of Cr.P.C.

Court's answer

Since only 5 of the 47 charge sheet witnesses had been examined till date, it was apparent that the chances of completion of the trial in the near future were very remote.

Ratio / Principle

Without expressing any opinion on the merits and demerits of the case, the court held that the petitioner's prayer for grant of regular bail was required to be answered affirmatively.

Detailed headnote1 paragraphs

Bail - Regular bail - Successive application under S.439 Cr.P.C - Petitioner, Accused No.1 in S.C.No.110/2024 arising out of Crime No.310/2023 of Ashoknagar P.S., Bengaluru, for offences punishable under Sections 302, 307, 504 of IPC - Earlier bail application before the jurisdictional Sessions Court rejected, and prior petition Crl.P.No.291/2024 before this Court rejected on 01.02.2024 - Only 5 of 47 charge sheet witnesses examined till date; defence counsel submitted that material witnesses, including eyewitnesses examined as P.W.1 and P.W.2 and the wife of the deceased, had turned hostile - Accused aged about 23 years, in judicial custody for nearly two years, with no other criminal antecedents - Held: chances of completion of the trial in the near future very remote; without expressing any opinion on the merits and demerits of the case, prayer for regular bail answered affirmatively - Bail granted subject to personal bond of Rs.1,00,000/- with two sureties, regular attendance before the Trial Court, no tampering with prosecution witnesses, no involvement in similar offences, and no departure from the Trial Court's jurisdiction without permission.

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NC: 2025:KHC:23805 CRL.P No. 11986 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11986 OF 2024

BETWEEN:

MR. MOHAMMED ZAID S/O. SHAIK AZEEZ, AGED ABOUT 23 YEARS, RESIDING AT NO. 275, 9^TH CROSS, LAXMI ROAD, SHANTHI NAGAR, BENGALURU-560 027.

…PETITIONER

(BY SRI. NISHAD S A.,ADVOCATE)

AND:

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

STATE OF KARNATAKA ASHOK NAGAR POLICE STATION, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BANGALORE-560 001.

…RESPONDENT

(BY SMT.WAHEEDA M M, HCGP)

THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE ABOVE PETITIONER ON REGULAR BAIL IN RELATION TO THE C.C.NO.61142/2023 IN S.C.NO.110/2024 FILED BY THE RESPONDENT POLICE ASHOK NAGAR P.S. BENGALURU FOR THE OFFENCE P/U/S 302,307,506 OF IPC PENDING ON THE FILE OF THE LEARNED 29^TH ADDL.CITY CIVIL AND SESSION JUDGE CCH-29.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.1 in S.C. No.110/2024 pending before the

Court of 29^th Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.310/2023 registered by the Ashoknagar Police Station, for the offences punishable under Sections 302, 307, 504 of IPC, is before this Court, in this successive bail application filed under Section 439 of Cr.P.C, seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.310/2023 was registered by the

Ashoknagar Police Station, Bangalore, initially for the offence punishable under Section 302 of IPC against the petitioner based on the first information dated 02.09.2023 received from one Majid Pasha (C.W.1). During the course of investigation, petitioner herein was arrested on 03.09.2023 and subsequently remanded to judicial custody. After completion of the investigation, charge sheet was filed against the petitioner for

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the aforesaid offences and bail application filed before the jurisdictional Sessions Court was rejected, and therefore, he had earlier approached this Court in Crl.P.No.291/2024, which was rejected on 01.02.2024. Under these circumstances, he is before this Court in this successive bail application.

Learned counsel for the petitioner submits that, all the material charge sheet witnesses who are examined before the Trial Court have turned hostile to the case of the prosecution. Accused is aged about 23 years and is in judicial custody for nearly two years and he has no any other criminal antecedents. Accordingly, he prays for allowing the petition.

Per contra, learned High Court Government Pleader opposes to allow the petition and she submits that in the event, petitioner is enlarged on bail he may tamper with the remaining prosecution witnesses, and sought for dismissal of the petition.

FIR in the present case was registered against the petitioner based on the first information dated 02.09.2023 submitted by one Majid Pasha (C.W.1) who is one of the eyewitnesses to the alleged incident in the present case. In the FIR as well as in the charge sheet, it is alleged that the

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deceased and Anwar Hussain had gone near the house of the accused and complained against him to his brother, and the petitioner-accused No.1 who was in the 3^rd floor of the building came down armed with a knife and attacked the deceased and others. Petitioner-accused allegedly stabbed deceased on the left side of his neck and immediately thereafter Majid Pasha (C.W.1) and Mohammed Rizwan (C.W.2) shifted the injured Anwar Hussain to the hospital in a two wheeler. However, in the hospital, he was declared as dead. C.W.1 and C.W.2 are already examined before the Trial Court as P.W.1 and P.W.2, and the learned counsel for the petitioner submits that the said witnesses have turned hostile to the case of the prosecution. He further submitted that C.W.7 Thaseen Taj, who is the wife of the deceased Anwar Hussain has been examined before the Trial Court as C.W.5 and even she has turned hostile to the case of the prosecution.

Before the Trial Court, there are 47 charge sheet witnesses and till date only 5 witnesses are examined. The petitioner is aged about 23 years and he has no other criminal antecedents.

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Out of the 47 charge sheet witnesses, only 5

witnesses are examined till date and therefore, it is apparent that chances of completion of the trial in the near future is very remote. Therefore, I am of view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following-

ORDER

The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.310/2023 registered by the Ashoknagar Police Station, for the offences punishable under Sections 302, 307, 504 of IPC, subject to the following conditions:

a) 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 unless the Trial Court exempts his appearance for valid reasons;

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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

HR List No.: 1 Sl No.: 13