Bengaluru: The Karnataka High Court has refused to grant interim bail to an accused in the murder case of RSS karyakarta Rudresh, who had sought temporary release from judicial custody to attend the 40th-day death ritual ceremony of his deceased sister.
The interim bail plea was filed by former PFI leader Irfan Pasha, one of the accused in the sensational murder case that took place in Bengaluru in 2016. The plea was heard by a division bench comprising Justice Sachin Shankar Magadum and Justice Rajesh Rai K.
After examining the application and hearing arguments from both sides, the High Court dismissed the appeal and upheld the order of the trial court, which had earlier rejected the request for interim bail.
During the hearing, the bench examined the ration card and family details submitted by the petitioner. The court observed that other family members were available at home to perform the religious rituals and prayers connected to the ceremony, commonly referred to as “Chehlum,” which marks the 40th day after a person’s death in Islamic tradition.
The judges also noted that the accused had already been granted temporary relief earlier this year to attend previous funeral-related rituals following the death of his sister Shaheda Yasmin. According to court records, Irfan Pasha had been allowed interim bail for three days after his sister passed away on March 30.
Additionally, the trial court had reportedly granted him permission to attend prayer ceremonies conducted between the 10th and 13th day after her death. Considering this, the High Court questioned the necessity of granting another round of interim bail for the 40th-day ceremony.
The bench further observed that the petitioner had failed to provide sufficient and compelling grounds for seeking another temporary release. The court also took into account the seriousness of the charges levelled against the accused and the advanced stage of the ongoing trial proceedings.
The National Investigation Agency (NIA), which is handling the case, strongly opposed the bail plea. Counsel appearing for the NIA argued before the court that the allegations against the accused were grave in nature and that there was a possibility of the accused absconding if released again on interim bail.
Accepting the submissions made by the NIA, the High Court stated that there was no reason to interfere with the order passed by the trial court. The bench observed that the trial was nearing completion and granting temporary bail at this stage could potentially affect the judicial process.
As a result, the High Court dismissed the appeal and denied interim bail to Irfan Pasha.
The case relates to the murder of RSS karyakarta Rudresh, who was killed in 2016 within the limits of the Commercial Street Police Station in Bengaluru. The murder had triggered widespread outrage and attracted national attention due to its alleged links to extremist activities.
Based on a complaint filed by an individual named Jayaram, the police arrested Irfan Pasha and several others during the investigation. Authorities later filed a chargesheet under various sections of the Indian Penal Code, including Section 302 related to murder, Section 201 for destruction of evidence, provisions of the Arms Act and multiple sections of the Unlawful Activities (Prevention) Act (UAPA).
Over the years, the case has remained one of the most closely watched criminal trials in Karnataka because of its political and ideological sensitivity. The accused has reportedly remained in judicial custody for nearly nine years and six months while the trial proceedings continued.
Legal experts say courts generally adopt a cautious approach while considering interim bail requests in serious criminal cases, particularly when trials are at an advanced stage or when agencies raise concerns about possible absconding.
