Dismissed¶33

Noor Sheikh a M Alias Noori v. the State of Karnataka

Karnataka HC6 Apr 2026CRL.P/12173/2025

Case brief

AI extract

What is this about?

Keywords: bail; Section 439 CrPC; 483 BNSS; Sections 302, 341, 506 read with Section 34 IPC; murder of wife; eye-witnesses CWs.3 and 4 examined; PWs.1 to 7 examined; Kumaraswamy Layout Police Station; Crime No.124/2024; S.C.No.967/2024; LXXI Additional City Civil and Sessions Judge, Bengaluru City; earlier bail rejection dated 29.05.2025; withdrawal of Crl.P.No.8223/2025; direct approach to High Court improper; Sessions Court as proper forum; State of Karnataka; High Court of Karnataka; Justice R. Nataraj.

What did the court decide?

No bail granted; liberty reserved to the petitioner to make a request for grant of bail before the Trial Court, which shall consider it in accordance with law expeditiously. ¶33

Noor Sheikh a M Alias Noori Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2026)

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NC: 2026:KHC:18474 CRL.P No. 12173 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 12173 OF 2025

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BETWEEN:

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NOOR SHEIKH A.M. ALIAS NOORI S/O. ABDUL JABBAR, AGED ABOUT 43 YEARS, R/AT. HOUSE NO.168, 5^TH CROSS ILIYAZNAGARA, BANGALURU PIN:- 560078

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&PETITIONER

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(BY SRI. SUYOG HERELE E., ADVOCATE)

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AND:

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Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA THROUGH KUMARASWAMY LAYOUT POLICE STATION, BANGALORE REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001 &RESPONDENT

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(BY SRI. M.R.PATIL, HIGH COURT GOVERNMENT PLEADER)

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THIS CRL.P IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRESENTLY 483 BNSS, PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT-POLICE TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.124/2024 (PENDING ON THE FILE OF LEARNED LXXI ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALORE CITY IN SC NO.967/2024) REGISTERED BY KUMARASWAMY LAYOUT POLICE STATION,

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NC: 2026:KHC:18474 CRL.P No. 12173 of 2025

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HC-KAR

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BANGALORE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302, 341, 506 R/W 34 OF IPC.

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

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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This petition is filed under Section 439 of Criminal Procedure Code seeking bail in S.C. No.967/2024 on the file of LXXI Additional City Civil and Sessions Judge, Bengaluru for the offences punishable under Sections 302, 341, 506 read with Section 34 of Indian Penal Code, 1860 (henceforth referred to as 'IPC' for short).

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The petitioner was accused No.1 in

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S.C.No.967/2024. He was accused of murdering his wife on 29.04.2024 in the presence of CWs.3 and 4. The accused was arrested on the same day and remanded to judicial custody. An application for bail filed earlier in S.C.No.967/2024 was rejected vide order dated 29.05.2025 and thereafter a petition was filed before this Court in Crl.P.No.8223/2025 which was withdrawn with liberty to move a fresh application after examination of CWs.3 and 4. It is now stated that the evidence

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3 - NC: 2026:KHC:18474 CRL.P No. 12173 of 2025

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HC-KAR

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of CWs.3 and 4 is recorded. Therefore, it is prayed that the petitioner be granted bail.

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The learned HCGP contended that PWs.1 to 7 are

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already examined before the Court and their evidence clearly implicates the petitioner of an offence punishable under Section 302 of IPC. He therefore submits that instead of this Court exercising its power, it is appropriate to direct the petitioner to file an application before the Trial Court, which would consider the same in accordance with law.

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The petitioner had earlier approached this Court in Crl.P.No.8223/2025 and withdrew the same seeking liberty to make a fresh bail application after examination of CWs.3 and 4. It is now stated that the eye witnesses namely, CWs.3 and 4 are already examined. In that view of the matter, the petitioner could not have approached this Court directly and ought to have approached the Sessions Court.

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In that view of the matter, this petition is dismissed . However liberty is reserved to the petitioner to make a request before the Trial Court. If a request is made for

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NC: 2026:KHC:18474 CRL.P No. 12173 of 2025

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HC-KAR

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grant of bail, the Trial Court shall consider the same in accordance with law expeditiously.

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Sd/(R. NATARAJ) JUDGE

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List No.: 2 Sl No.: 4