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NC: 2026:KHC:21459

CRL.P No. 17553 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

CRIMINAL PETITION NO. 17553 OF 2025

BETWEEN:

1. MAHBOOB SAB

S/O PACHASAB,

AGE 50 YEARS,

R/AT NO. I 16. RAJAK SAB PALYA,

JALA HOBLI, YALAHANKA TALUK,

BENGALURU - 562 149.

…PETITIONER

(BY SRI. KIRANKUMAR H.K., ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY SHO BAGALURU PS BENGALORE.

REPTD BY STATE PUBLIC PROSECUTER,

Digitally signed by HIGH COURT BUILDING,

CHAYA S A

Location: HIGH BENGALURU - 560 001.

COURT OF

…RESPONDENT

KARNATAKA

(BY SMT. WAHEEDA M.M., HCGP )

THIS CRL.P. IS FILED U/S 439 CR.PC (FILED U/S 483

BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING

THAT TO ENLARGE THE BAIL, PETITIONER IN CRIME

NO.253/2024 S.C.NO.15016/2025 BAGALUR POLICE STATION

FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 103(1),

217 OF BHARATIYA NYAYA SANHITA, 2023 PENDING IN

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CRL.P No. 17553 of 2025

HC-KAR

V ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL

(TO SIT AT DEVANAHALLI) IN THE ABOVE CASE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

1. Heard Sri. Kirankumar H.K., learned counsel appearing

for the petitioner and Smt. Waheeda M.M., learned High Court

Government Pleader appearing for the respondent.

2. The petitioner who is accused in Crime No.253/2024 for

the offences punishable under Sections 103(1), 217 of the

Bharatiya Nyaya Sanhita, 2023, on the file of V Addl. District

and Sessions Judge, Bengaluru Rural, Sitting at Devanahalli,

seeking relief of his enlargement on regular bail.

3. It is submitted by the learned counsel appearing for the

petitioner, that the petitioner is in the custody for more than

one year and the involvement of the petitioner itself has to be

considered as there are no eye-witnesses of the alleged

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HC-KAR

incident involving the petitioner and therefore, sought for

allowing the Petition.

4. Per contra, Smt. Waheeda M.M., learned High Court

Government Pleader appearing for the respondent - State

submitted that recovery of the weapon has been made from the

petitioner during the course of investigation. Further it is

argued by the learned High Court Government Pleader, that

there is clear motive on the part of the petitioner to kill his wife

and therefore, it is submitted that, in the event the petitioner is

released on bail, there is possibility of tampering the witnesses

by the petitioner and accordingly, sought for dismissal of the

Petition.

5. In the light of the submissions made by the learned

counsel appearing for the parties, on careful consideration of

the material on record would indicate that the petitioner is

accused in Crime No.253/2024 for the offences punishable

under Sections 103(1), 217 of the Bharatiya Nyaya Sanhita,

2023. The perusal of the material on record would indicate that

the petitioner is prima facie involved in the crime, and also

recovery of weapon has been made from the petitioner. It is

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HC-KAR

also to be noted that after committing the offence, the

petitioner has made an attempt to destroy the evidence.

6. In that view of the matter, taking into consideration the

material on record, I am of the view that, in the event the

petitioner is allowed to be enlarged on bail, there is possibility

of destroying evidence. In that view of the matter, I do not find

any ground to accept the prayer made in the Petition.

7. Accordingly, the Criminal Petition is dismissed.

SD/-

(E.S.INDIRESH)

JUDGE

sac

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