Mohammed Nawab @ Nawaba Vs State of Karnataka by

THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS., PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.43/2023 (S.C.NO.1517/2023) PUNISHABLE UNDER SECTIONS 302, 201, 120-B, 143 R/W SECTION 149 OF IPC., REGISTERED BY RESPONDENT KALASIPALYA POLICE STATION, PENDING BEFORE XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-46) BENGALURU CITY.

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in S.C.No.1517/2023 pending before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.43/2023 registered by Kalasipalya Police Station, for offences punishable under Section 120-B, 143, 149, 201, 302 of IPC is before this Court in this successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Heard the Learned counsel for the parties.

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NC: 2026:KHC:6385 CRL.P No. 15360 of 2025

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HC-KAR

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FIR in Crime No.43/2023 was registered by Kalasipalya Police Station, Bengaluru for the aforesaid offences against one Thanveer and others based on the first information dated 18.03.2023 received from Circle Inspector of Police, Cantonment Railway Police, Bangalore-46. In the FIR, petitioner herein is arrayed as accused no.3. During the course of investigation, he was arrested on 13.04.2023 and remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed before the trial Court was rejected earlier and therefore he had approached this Court in Criminal Petition No.10929/2023 which was dismissed as not pressed on 21.11.2023. Subsequently, petitioner had filed a fresh bail application before the trial Court in Crl.Misc.No.8297/2025 which was rejected on 18.10.2025. It is under these circumstances, he is before this Court.

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Learned counsel for the petitioner having reiterated

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the grounds urged in the petition submits that, petitioner who has no other criminal antecedent is in custody from 13.04.2023

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NC: 2026:KHC:6385 CRL.P No. 15360 of 2025

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HC-KAR

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onwards. During the course of trial, all the material charge sheet witnesses have turned hostile in the present case. Except the petitioner, all the other accused are enlarged on bail in the present case. Accordingly, he prays to allow the petition.

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Per contra, Learned High Court Government Pleader who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. He submits that, petitioner originally hails from Bihar State and in the event he is enlarged on bail, he is likely to flee away from justice. Accordingly, he prays to dismiss the petition.

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Perusal of the material on record would go to show that, initially FIR in Crime No.9/2023 was registered by Baiyappanahalli Railway Police Station for offences punishable under Sections 302, 201, 120B, 143 read with Section 149 of IPC after the dead body of an unknown lady was found inside a plastic drum within the premises of Baiyappanahalli Railway Police Station. During the course of investigation, it appears that accused no.9-Mohammed Intakhab allegedly had confessed to the crime and based on the same, FIR in Crime No.43/2023 was registered by Kalasipalya Police Station for the

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NC: 2026:KHC:6385 CRL.P No. 15360 of 2025

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HC-KAR

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aforesaid offence after a report was received from the Circle Inspector of Police, Cantonment Railway Police Station, Bengaluru. After completing the investigation, charge sheet has been filed against accused nos.1 to 3, 9 and 10. As per the charge sheet allegations, deceased Tamanna was the wife of accused no.9, who had conspired with the other accused to commit her murder. On 12.03.2023, accused no.9 allegedly brought his wife Tamanna from Jigani to the house of CW4 at Kalasipalya and after the inmates of the house, namely CW2 to CW4 were sent outside the house, accused nos.1 and 2 allegedly went inside the house and committed the murder of Tamanna by strangulating her neck with the help of a veil. Accused no.9 allegedly was standing outside the house of CW4 when accused nos.1 and 2 committed the murder of Tamanna. Thereafter, the dead body of deceased Tamanna was shifted to the house of accused nos.2 and 3. Subsequently, the body of deceased Tamanna was stuffed inside a plastic drum and thereafter, accused no.3 allegedly shifted the said drum to Baiyappanahalli Railway Station and abandoned the same inside the Railway Station and escaped.

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NC: 2026:KHC:6385 CRL.P No. 15360 of 2025

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HC-KAR

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It is not in dispute that all the other accused

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persons have already been enlarged on bail in the present case. Accused no.3 was granted regular bail by this Court in Criminal Petition No.9154/2023, which was disposed of on 11.10.2023. So far as the petitioner is concerned, he is in custody for the last more than 31 months. Undisputedly he has no criminal record. CW2 to CW4 are the material charge sheet witnesses who allegedly were present near the house in which the murder had taken place. CW3 and CW4 are the parents of CW2 and they have been examined as PW3 and PW4. The submission made by learned counsel for the petitioner that PW3 and PW4 have turned hostile has not been seriously disputed by learned HCGP. CW2 is a child witness, who was allegedly present along with CW3 and CW4 outside the house when the murder had taken place inside the house.

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Considering the aforesaid aspects of the matter and also having regard to the period of incarceration of the petitioner, I am of the opinion that prayer made by the petitioner who has no other criminal antecedent for grant of

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NC: 2026:KHC:6385 CRL.P No. 15360 of 2025

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HC-KAR

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regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:

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ORDER

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.43/2023 of Kalasipalya Police Station registered for the offences punishable under Sections 120-B, 143, 149, 201 and 302 of IPC, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties including one local surety for the likesum, to the satisfaction of the jurisdictional Court;

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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;

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d) The petitioner shall not involve in similar offences in future;

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NC: 2026:KHC:6385 CRL.P No. 15360 of 2025

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HC-KAR

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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.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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PGG List No.: 1 Sl No.: 7

Mohammed Nawab @ Nawaba v. State of Karnataka by

Case brief

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Mohammed Nawab @ Nawaba v. State of Karnataka by

Case brief

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