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2025 DAILYLAW 82337 (KAR)

AMJAD @ GADA GADA AMJAD v. STATE OF KARNATAKA

CRL.P/8580/2025 · 2025-08-01

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29762 CRL.P No. 8580 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8580 OF 2025 BETWEEN: AMJAD @ GADA GADA AMJAD S/O NAJARULLA KHAN AGED ABOUT 38 YEARS R/O MAHABOOB NAGAR PHOOL BAGH RAMANAGAQRA TOWN, RAMANAGARA DISTRICT KARNATAKA - 562 159. …PETITIONER (BY SRI SIRAJUDDIN AHMED, ADV.) AND: STATE OF KARNATAKA SHO RAMANAGARA TOWN P.S REP BY HCGP, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.3 IN CR.NO.41/2025 ON BAIL FOR THE OFFENCE P/U/S 103(1) AND 3(5) OF BNS 2023 PENDING IN THE COURT OF PRL.SENIOR CIVIL JUDGE AND C.J.M RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29762 CRL.P No. 8580 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by accused No.3, to enlarge him on bail in Crime No.41/2025 of Ramanagara Town Police Station, Ramanagara District, registered for the offence punishable under Section 103(1) R/w 3(5) of BNS, 2023. 2. Heard both sides and perused the material on record. 3. It is the case of prosecution that on 28.03.2025 at about 8.45 p.m, complainant's father by name Mohammed Zameer was stabbed by the accused and he was shifted to Ramanagara Government hospital and from there while he was being taken to a higher hospital in Bengaluru, died on the way to hospital. 4. FIR was registered against accused No.1 - Althaf and accused No.2 - Jeeshan. In the complaint - 3 - HC-KAR NC: 2025:KHC:29762 CRL.P No. 8580 of 2025 lodged by Sri Mohammed Sameer son of deceased, it is alleged that, accused Nos.1 and 2 were nurturing ill-will against his father. On 28.03.2025 at about 8.45 p.m, he was informed by someone that the said accused are quarreling with his father near a Kabab shop situated beside Akram building and therefore, he rushed to the spot, by that time, accused No.2 held his father and accused No.1 stabbed him on his abdomen. 5. The petitioner is not named in the FIR. He was arrested on 05.04.2025. Charge sheet is filed against accused Nos.1 to 3 for the offence punishable under Sections 103(1), 61 R/w 3(5) of BNS, 2023. The petitioner is arraigned as accused No.3 in the charge sheet. 6. It is alleged that petitioner i.e., accused No.3, a rowdy element was in contact with accused Nos.1 and 2 and he had a grouse against the deceased. Hence, he instigated accused Nos.1 and 2 and conspired with them to commit the murder. It is further alleged that, accused - 4 - HC-KAR NC: 2025:KHC:29762 CRL.P No. 8580 of 2025 No.3 asked the deceased to come near the spot and when he came near Akram building along with CWs.2 and 3, both accused Nos.1 and 2 picked up quarrel with him, accused No.2 held him and accused No.1 stabbed on his abdomen, chest etc., The allegation against the petitioner is one of conspiracy. Admittedly, he was not present at the spot when the incident took place. The specific overt acts are attributed against accused Nos.1 and 2. 7. According to prosecution, CWs.2 and 3 are the eye witnesses, who were present along with deceased. Their statements do not attribute any specific role to the petitioner. Investigation is completed and charge sheet is filed. Hence, the following: ORDER Petition is allowed. Petitioner/accused No.3 in Crime No.41/2025 of Ramanagara Town Police Station, Ramanagara District shall be released on bail subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:29762 CRL.P No. 8580 of 2025 a) Petitioner / accused No.3 shall execute a bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE NMS