Amanaullah Vs State of Karnataka

STATE OF KARNATAKA BY KENGERI POLICE STATION BENGALURU - 560 045 NOW REPRESENTED BY THE SPP HIGH COURT BUILDING AMBEDKAR VEEDHI OPP. TO VIDHANA SOUDHA BENGALURU- 560 001 …RESPONDENT

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(BY SRI.RAHUL RAI K., HCGP)

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NC: 2025:KHC:44897 CRL.P No. 11831 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN S.C.NO.1921/2023 PENDING ON THE FILE OF THE LVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-57) FOR THE OFFENCES P/U/S 302 R/W 34 OF IPC ON THE BASIS OF THE FIR REGISTERED IN CRIME NO.358/2023 BY THE RESPONDENT - KENGERI POLICE.

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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 MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the learned counsel for petitioner, learned

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High Court Government Pleader for respondent – State and perused the material on record.

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This is a successive bail petition preferred by accused No.1, facing trial in S.C. No.1921/2023 on the file of the Court of the LVI Additional City Civil and Sessions Judge, Bengaluru (CCH-57).

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The charge sheet is filed against accused Nos.1

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and 2 for the offence punishable under Section 302 read

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HC-KAR

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with 34 of Indian Penal Code. The said accused approached this Court in Criminal Petition No.13910/2023 c/w. Criminal Petition No.13772/2023 seeking to enlarge them on bail. Both the petitions were dismissed by order dated 18.01.2024, as it was contented by the State that C.W.22 is a star witness and if the accused are enlarged on bail, they may tamper with the said witness and thereby hamper the case of prosecution. The accused were given liberty to move the Sessions Court afresh, after the examination of C.W.22.

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After examination of C.W.22, learned Sessions Judge has once again rejected the prayer for bail. Accused No.2 preferred Criminal Petition No.11478/2025 before this Court. Considering that C.W.22 was examined and he did not support the prosecution case and also considering that the said accused was in custody for more

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than two years, his prayer for bail was allowed and he was enlarged on bail, by order dated 01.09.2025.

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NC: 2025:KHC:44897 CRL.P No. 11831 of 2025

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HC-KAR

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It is alleged that the accused have committed

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the murder of one Chetan.V., on 08.08.2023 at about 10 p.m., by assaulting him with hands and hitting him on his head with a stone. The prosecution has relied mainly on the statement of C.W.22. It is not in dispute that the said witness has now been examined and he has not supported the prosecution case. On that ground, accused No.2 has been enlarged on bail by this Court in Criminal Petition No.11478/2025 dated 01.09.2025.

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It is submitted that the petitioner is in judicial custody since 09.08.2023, that is for more than two years. The allegations against accused Nos.1 and 2 are identical. Since, accused No.2 has been granted bail by this Court and in the facts and circumstances of the case, the

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petitioner can be admitted to bail by imposing conditions. Hence, the following:

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Criminal Petition is allowed.

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ORDER

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HC-KAR

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Petitioner/accused No.1 in Crime No.358/2023 of Kengeri Police Station, pending in S.C.No.1921/2023 on the file of LVI Additional City Civil and Sessions Judge, Bengaluru (CCH-57), shall be enlarged on bail, subject to following conditions:

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He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.

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