BENGALURU – A City Civil and Sessions Court has rejected the bail application of a 31-year-old man, Nawaz, accused of a brutal assassination attempt on a woman who had previously been in a relationship with him. The court observed that the gravity of the offense, which involved multiple stabbings in public, outweighed the petitioner’s plea for liberty during the ongoing investigation.
The order was delivered by Sri Manjunatha, the XLV Additional City Civil and Sessions Judge (CCH-46), on January 30, 2023. The court ruled that releasing the accused at this juncture could pose a direct threat to the victim and jeopardize the integrity of the police investigation.
Background of the Case: A Relationship Turned Deadly
The case, registered by the Indiranagar Police under Crime No. 257/2022, involves charges under Section 307 (Attempt to Murder) read with Section 34 of the Indian Penal Code. The complainant, a 26-year-old woman named Smt. Amuda, detailed a harrowing history of obsession and violence in her statement to the police.
According to the prosecution, Amuda and Nawaz were previously in love and had planned to marry. The depth of her commitment was such that she had even tattooed Nawaz’s name on her hand. However, Nawaz eventually abandoned her, returned to his native place, and married another woman. Following this, Amuda’s family arranged her marriage to a man named Elumalai, with whom she had two children.
The conflict reignited when Nawaz and his family moved into the same locality where Amuda resided. The accused allegedly began harassing her, disparaging her husband’s reputation, and localizing his efforts to force her into a relationship with him. When she refused his advances, the harassment escalated to filthy verbal abuse and death threats. The situation became so dire that Amuda’s husband, suspecting her due to the constant disturbances caused by Nawaz, left her. Amuda was forced to move in with her parents and brother in Kadiraiahnapalya.
The Night of the Attack
The escalation reached a tipping point on October 25, 2022. At approximately 10:00 p.m., Nawaz allegedly arrived at Amuda’s parental home and began knocking on the door. Fearing him, she initially ignored the sounds. However, at 10:30 p.m., when she opened the door to buy snacks for her children, Nawaz was waiting in the shadows.
The prosecution alleges that Nawaz attacked her from behind, pulling her hair and shouting insults. With the clear intent to kill, he allegedly stabbed her multiple times using a knife. The victim sustained grievous injuries to her left face, left ear, the right side of her neck, her left hand, and near her right waist. Her screams for help eventually forced Nawaz and an accomplice to flee the scene on a motorbike.
Arguments for and Against Bail
Nawaz, who has been in judicial custody since his arrest on November 28, 2022, sought bail through his counsel, Sri S.R. Raghavendra. The defense argued that Nawaz was innocent and had been falsely implicated in the crime. They contended that he was a law-abiding citizen and would adhere to any conditions set by the court if released.
The Public Prosecutor strongly opposed the petition, presenting the Investigation Officer’s report. The state argued that the investigation was still in progress and a final report (chargesheet) had not yet been filed. The prosecution raised significant concerns that Nawaz, being a resident of the same locality as the victim, would likely abscond, influence witnesses, or potentially complete his attempt on the victim’s life if granted bail.
The Court’s Findings and Judicial Precedents
In reaching its decision, the court focused on the “heinous” nature of the attack and the direct involvement of the accused. Judge Manjunatha noted that while an offense under Section 307 is not punishable by death, it carries a penalty of up to ten years of imprisonment and is a serious crime against both the individual and society.
The court referred to several Supreme Court precedents, including State of Kerala V. Mahesh (2021) and Kalyan Chandra Sarkar V. Rajesh Ranjan (2004). These rulings emphasize that when an incident is particularly heinous, the court must prioritize the nature of the accusation and the severity of the punishment over the period of custody already served.
“The gravity and seriousness of the offense and the direct involvement of the petitioner in attempting to kill the complainant by causing injuries has to be considered on priority,” the court observed. The judge further noted that Nawaz had moved for bail previously and been rejected, and there were no changes in circumstances to warrant a different conclusion this time.
Final Order
The court concluded that Nawaz had failed to make out any reasonable ground for his release. The risk of witness tampering and the safety of the woman were paramount. Consequently, the XLV Additional City Civil and Sessions Judge dismissed the bail petition under Section 439 of the Cr.P.C. Nawaz will remain in judicial custody as the Indiranagar Police proceed with their investigation.