Sheak Muzamil Ahamad Alias Shaik Muzammil… — Murder and Culpable Homicide | Karnataka HC (2025)

Sheak Muzamil Ahamad Alias Shaik Muzammil… — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner (Accused No.1) directed to be enlarged on regular bail in Crime No.137/2019 (S.C.No.340/2019) 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) no direct or indirect threatening or tampering with prosecution witnesses; (d) no involvement in similar offences in future; (e) not to leave the Trial Court's jurisdiction without its permission until disposal of the case.

Issue for consideration

Whether Accused No.1 in S.C.No.340/2019 (arising out of Crime No.137/2019, Nandagudi Police Station, offences under Sections 302 & 201 R/w 34 of IPC) should be granted regular bail in his successive bail application under Section 439 of Cr.P.C.

Court's answer

The successive bail application is allowed: regular bail is granted to the petitioner (Accused No.1) solely on the ground of his prolonged incarceration, without going into the merits/demerits of the case, noting parity with accused No.2 who was granted bail in similar circumstances and the Apex Court's speedy-trial principle under Article 21 (Javed Gulam Nabi Shaikh).

Detailed headnote1 paragraphs

Successive application under S.439 Cr.P.C by Accused No.1 in S.C.No.340/2019 (Crime No.137/2019, Nandagudi Police Station, Bengaluru) for offences punishable under Sections 302 & 201 R/w 34 IPC — alleged conspiracy by accused Nos.1 to 4 to murder Byregowda, a Godrej company supervisor, who was carrying Rs.15,21,600/- collected from poultry sale proceeds when assaulted and robbed. With the petitioner in custody for nearly six years, only 11 of 62 charge-sheet witnesses examined, three of his four other criminal cases ended in acquittal (one under S.379 IPC pending), and co-accused No.2 already granted bail in Crl.P.No.5897/2025, and relying on Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693 (Art. 21 — speedy trial; seriousness of crime no ground to refuse bail), the court allowed regular bail without entering into merits/demerits, solely on the ground of prolonged incarceration, on a personal bond of Rs.1,00,000/- with two sureties and standard conditions.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 9430 OF 2025

BETWEEN:

SHEAK MUZAMIL AHAMAD @ SHAIK MUZAMMIL AHMED(A-1) S/O VAZEER AHMED ALIS WAZIR AHMED AGED ABOUT 29 YEARS R/AT 7TH CROSS, VINOBANAGARA VENKATESHPURA K G HALLI BENGALURU - 560 058.

…PETITIONER

(BY SRI PRASANNA RAO R, ADV.)

AND:

STATE BY NANDAGUDI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.

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

…RESPONDENT

(BY SMT. WAHEEDA M.M, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE ON BAIL IN THE CRIME NO.137/2019 REGISTERED BY THE NANDAGUDI POLICE FOR THE ALLEGED OFFENCES P/U/S 302, 201, 34 OF IPC 1860 PENDING BEFORE THE HONBLE IXTH ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT IN SC NO.340/2019.

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.1 in S.C.No.340/2019 IX Addl. District and Sessions Judge, Bengaluru Rural District arising out of Crime No.137/2019 registered by Nandagudi Police Station, Bengaluru District for the offences punishable under Sections 302 & 201 R/w 34 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.P.C, seeking regular bail.

Heard learned counsel for the parties.

FIR in Crime No.137/2019 was registered by

Nandagudi Police Station, Bengaluru District against unknown person initially for the offence punishable under Section 302 of IPC, based on the first information dated 30.06.2019 received from Sri Shamanna S/o Late Sonnappa, who is the father of the deceased Byregowda. During the course of investigation, the petitioner herein was arrested on 29.07.2019 and subsequently he was

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remanded to judicial custody. After completing the investigation, charge sheet has been filed against four persons and the petitioner is arraigned as accused No.1 in the charge sheet. The bail application filed by the petitioner before the Trial Court was rejected and therefore he had earlier approached this Court in Crl.P.No.8292/2021 and Crl.P.No.9380/2023, which were rejected on merits by the coordinate bench of this Court. Subsequently, he had filed bail application before the Trial Court in S.C.No.340/2019, which was rejected on 24.12.2024. It is under these circumstances, this successive bail application is filed by the petitioner before this Court.

Learned counsel for the petitioner submits that the petitioner is in custody in the present case for the last nearly six years. The prosecution till date has examined only 11 charge sheet witnesses out of the 62 charge sheet witnesses. Accused No.2 has been granted regular bail in similar circumstances. In all other criminal cases

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registered against him, the petitioner has been enlarged on bail. Accordingly, he prays to allow the petition.

Per contra, learned HCGP who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner.

FIR in the present case was registered against unknown persons and during the course of investigation, the petitioner was arrested on 29.07.2019. After completing investigation, charge sheet has been field against four persons and the petitioner is arraigned as accused No.1 in the charge sheet. The allegation in the charge sheet is that accused Nos.1 to 4 had conspired to commit the murder of Byregowda, who was working as a supervisor in Godrej company.

On 30.06.2019 when Byregowda was travelling

in his motorbike bearing registration No.KA-08-V-7985 to deposit a sum of Rs.15,21,600/-, which was collected from the sale of poultry of the company, the accused persons,

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who allegedly followed him in a motorbike, had kicked the motorbike of Byregowda and made him to fall down and thereafter accused No.1 allegedly assaulted Byregowda with a knife and forcibly snatched the bag, which Byregowda was carrying and had escaped from the spot of crime. The injured Byregowda had died on his way to the hospital and it is under the said circumstance, his father had approached the police and submitted a first information against unknown persons,

Undisputedly, in all four criminal cases, which were registered against the petitioner, he has been enlarged on bail. Learned counsel for the petitioner has brought to the notice of this Court that out of the aforesaid four criminal cases, three criminal cases have been ended in acquittal and one criminal case for the offence punishable under Section 379 of IPC is pending considering before the jurisdictional Court. In the present case, out of the 62 charge sheet witnesses cited, the

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prosecution has only examined 11 charge sheet witnesses as PW.1 to PW.11 as on this date.

According to learned counsel for the petitioner none of the material charge sheet witnesses have supported the case of the prosecution. This Court at this stage cannot appreciate the deposition of the witnesses. However, the fact remains that out of the 62 charge sheet witnesses cited in the present case, the prosecution has only examined 11 charge sheet witnesses as PW.1 to PW.11 as on this date.

The Hon'ble Apex Court in the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND ANOTHER -

2024 SCC ONLINE SC 1693 at paragraph No.19 has observed as follows:

"19 . If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is

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serious. Article 21 of the Constitution applies irrespective of the nature of the crime".

In similar circumstances, accused No.2 has been granted regular bail by this Court in Crl.P.No.5897/2025 disposed of on 10.06.2025. Under these circumstances, without going into the merits/demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively, solely on the ground of his incarceration.

Accordingly, the following:-

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in Crime No.137/2019 registered by Nandagudi Police Station, Bengaluru District for offences punishable under Sections 302 & 201 R/w 34 of IPC, subject to the following conditions:

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a) The 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;

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

NMS