Sri Abdul Waseem Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

Sri Abdul Waseem Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner/accused No.2 in S.C.No.967/2024 released on bail subject to conditions: personal bond of Rs.1,00,000/- with two sureties for the likesum; proof of residential address with intimation of change; no intimidation/threatening/tampering/influencing prosecution witnesses including complainant and eye witnesses; no leaving the trial court jurisdiction without prior permission of the Sessions Judge; appearance before trial court on all hearing dates.

Issue for consideration

Whether the petitioner (accused No.2), charged under Sections 302, 341, 506 r/w 34 IPC in S.C.No.967/2024 for the murder of Seefath Banu, is entitled to be enlarged on bail.

Court's answer

On perusal of the statements of CWs-3 and 4, the specific overt act of stabbing the deceased is against accused No.1; the allegation against the petitioner is only that he held the deceased's daughters when they attempted to stop accused No.1. The court observed that it is not alleged that the petitioner held the deceased to facilitate the assault or inflicted any injuries on her, no motive is attributed to him, and whether he shared a common intention is a matter for trial.

Ratio / Principle

Since investigation is completed, charge sheet filed, the petitioner is not required for further interrogation, has no criminal antecedents and has undertaken to furnish sufficient sureties, he can be admitted to bail by imposing stringent conditions fulfilling the object of bail.

Detailed headnote1 paragraphs

Criminal Practice - Bail (S.439 CrPC, filed as S.483 BNSS) - Murder of Seefath Banu on 29.04.2024 in Crime No.124/2024, Kumaraswamy Layout P.S.; charge sheet in S.C.No.967/2024 under SS.302, 341, 506 r/w 34 IPC. Petitioner is accused No.2, arrested 30.04.2024, in judicial custody since. High Court of Karnataka (Mohammad Nawaz, J.) held: overt act of stabbing attributable solely to accused No.1 (husband of deceased); allegation against petitioner confined to holding CWs-3 and 4 (daughters of deceased) when they tried to stop accused No.1; prosecution does not allege he held the deceased or inflicted injuries; no motive attributed to him; question of common intention left to trial. Investigation complete, charge sheet filed, no criminal antecedents. Petition allowed; bail granted on personal bond of Rs.1,00,000/- with two sureties and stringent conditions (address proof, no tampering with witnesses, no leaving trial jurisdiction without permission, attendance on all hearing dates); violation permits prosecution to seek cancellation.

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NC: 2025:KHC:2637 CRL.P No. 14185 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 14185 OF 2024

BETWEEN:

SRI. ABDUL WASEEM, S/O ABDUL HAMEED, AGED ABOUT 27 YEARS, RESIDING AT HOUSE NO. NILL, COCONUT GARDEN, KUMARASWAMY LAYOUT, BANGALORE - 560 078.

…PETITIONER

(BY SRI. V. LAKSHMINARAYANA, SR. COUNSEL FOR SRI. CHANDPASHA, ADVOCATE)

AND:

Digitally signed by LAKSHMI T Location: High Court of Karnataka

THE STATE OF KARNATAKA BY KUMARASWAMY LAYOUT P.S., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

SRI. ILIYAZ, S/O LATE RIYAZE AHMED, AGED ABOUT 46 YEARS, RESIDING AT NO. 5B, 1ST FLOOR, 15TH MAIN, KANAKANAGARA, KS LAYOUT, BANGALORE - 560 078.

…RESPONDENTS

(BY MS. ASMA KOUSER, ADDL. SPP FOR R1; R2 IS SERVED)

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C. PRAYING TO RELEASE HIM ON BAIL IN S.C.NO.967/2024 ARISING OUT OF FIR IN CRIME NO.124/2024 REGISTERED BY KUMARASWAMY LAYOUT P.S., PENDING ON THE FILE OF LXXI ADDITIONAL CITY CIVIL AND SESSION JUDGE, BENGALURU, CCH-72, FOR THE OFFENCE PUNISHABLE UNDER SECTION 302, 341, 506 R/W SEC.34 OF IPC.

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 Senior Counsel appearing for petitioner, learned Additional State Public Prosecutor for respondent / State and perused the material on record.

The petitioner / accused No.2 has preferred this petition to enlarge him on bail in S.C.No.967/2024 pending on the file of LXXI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.124/2024 of Kumaraswamy Layout Police Station, Bengaluru City.

First information report is registered on a complaint lodged by Sri. Iliyaz S/o. Late Riyaz Ahmad,

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wherein, it is alleged that deceased Smt. Seefath Banu is his sister married to one Noori (accused No.1) about 18 years prior to the date of incident and they have three children. About a year prior, there was a quarrel between them, as accused No.1 was suspecting her character and he was not looking after her properly. On 26.04.2024, he had given Talaq to her and therefore, his sister was residing separately along with her children. It is alleged that accused No.1 was threatening his sister stating that he will not spare her life.

On 29.04.2024, at about 5.30 p.m., his sister

Seefath Banu telephoned him and informed that her husband - Noori has come to the house holding a knife along with accused No.2 - Abdul Waseem. Immediately, the complainant informed his another brother by name Shabbir Ahamed and went to the house of his sister at about 6.15 p.m. At that time, both accused Nos.1 and 2 were seen climbing down the steps, with knife in the hand of accused No.1. On seeing them, both of them ran away.

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Thereafter, when they entered the house, the daughters of his sister Seefath Banu informed them that their mother was stabbed by both Noori and Waseem. The dead body of his sister Seefath Banu was lying in the hall with bleeding injuries on neck, back etc.,

First information report was registered against accused Nos.1 to 3 for offences punishable under Sections 302, 109 read with Section 34 of IPC. While laying the charge sheet, name of accused No.3 came to be deleted. Charge sheet is filed against accused Nos.1 and 2 for offences punishable under Sections 302, 341, 506 read with Section 34 of IPC.

Learned Additional State Public Prosecutor has

contended that CWs-3 and 4 namely the daughters of the deceased are the eye witnesses to the incident and both of them have stated that when one of them tried to prevent accused No.1 from stabbing their mother, petitioner herein prevented her. She contended that both the accused came to the house with a common intention of committing the

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murder of Seefath Banu and at that time they were armed with a knife. The said knife has been seized from accused No.1. The knife was purchased by both the accused from a vendor in front of the shop of CW-28. There are CCTV footages to show that this petitioner was also present along with accused No.1 when the knife was purchased. She contended that the deceased has sustained as many as 27 injuries and this petitioner could have prevented accused No.1 from inflicting so many injuries, which he has not done and therefore, the intention he shared with accused No.1 is clearly made out.

Learned Senior Counsel appearing for the petitioner has contended that this petitioner was neither armed with any weapon nor he has assaulted or caused injuries to the deceased. On the other hand, he has prevented accused No.1 from harming the children. He contended that the petitioner is a distant relative of accused No.1 and he has no enmity or motive to commit the offence. He submitted that investigation is completed

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and charge sheet is filed, the petitioner is not required for any further interrogation and therefore, imposing any conditions, he may be enlarged on bail.

The definite case of the prosecution is that

accused No.1 was suspecting the character of his wife - Seefath Banu. He was suspecting that she was having illicit relationship with one Suhail Khan and inspite of advising her, she did not leave his company, on the other hand she was insisting accused No.1 to give Talaq, so that she can go to Bombay along with her children and stay with Suhail Khan.

The incident took place on 29.04.2024 at about 5.30 p.m., wherein it is alleged that both accused Nos.1 and 2 went to the house of deceased, picked up quarrel with her and accused No.1 stabbed her indiscriminately all over her body and committed murder.

I have perused the statements of CWs-3 and 4.

The specific overt acts of stabbing the deceased is against

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accused No.1. The allegation against the petitioner is that when CWs-3 and 4, daughters of the deceased attempted to stop accused No.1 from assaulting their mother, the petitioner herein held them. The prosecution has alleged that even the petitioner went to the house of the deceased with a common intention of committing the murder. However, it is a matter for trial. It is not alleged that even this petitioner has either held the deceased to facilitate accused No.1 to assault her, or inflicted any injuries to her. No motive is attributed to this petitioner to commit the offence.

The petitioner was arrested on 30.04.2024. He is in judicial custody since then. Investigation is completed and charge sheet is filed. He has no criminal antecedents. He has undertaken to furnish sufficient sureties to ensure his regular presence before the Trial Court. Hence, by imposing stringent conditions which would fulfill the object of bail, petitioner can be admitted to bail. Accordingly, the following:

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ORDER

i) Petition is allowed.

ii) Petitioner / accused No.2 in S.C.No.967/2024 pending on the file of LXXI Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.124/2024 of Kumaraswamy Layout Police Station, shall be released on bail subject to following conditions:

a) He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the learned Sessions Judge.

b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address.

c) He shall not intimidate/threaten/ tamper/influence the prosecution witnesses including the complainant and the eye witnesses either directly or indirectly.

d) He shall not leave the jurisdiction of the trial Court without prior permission of the learned Session Judge.

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e) He shall appear before the trial Court on all dates of hearing without fail.

If any of the above conditions are violated, the

prosecution is at liberty to move for cancellation of bail.

Sd/(MOHAMMAD NAWAZ) JUDGE

MCR List No.: 1 Sl No.: 42 CT: BHK