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2026 DAILYLAW 14671 (KAR)

MR. AZMATH ULLA KHAN v. STATE OF KARNATAKA

CRL.P/1159/2026 · 2026-03-11

S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14715 CRL.P No. 1159 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1159 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MR. AZMATH ULLA KHAN S/O LATE. RASOOL KHAN AGED ABOUT 46 YEARS, RESIDING AT NO.4286, WARD NO.10, MASJID MOHALLA MAIN ROAD, OPP TO RAILWAY STATION, RAMANAGARA TOWN, BANGALORE SOUTH DISTRICT (AS PER ANNEXURE C) KARNATAKA – 562 159 2. MR. AMJAD ULLA KHAN S/O. LATE RASOOL KHAN AGED ABOUT 48 YEARS, RESIDING AT NO.4286, WARD NO.10, MASJID MOHALLA MAIN ROAD, OPP TO RAILWAY STATION, RAMANAGARA TOWN, BANGALORE SOUTH DISTRICT (AS PER ANNEXURE C) KARNATAKA – 562 159 Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14715 CRL.P No. 1159 of 2026 3. MR. ASHIF ULLA KHAN S/O. LATE. RASOOL KHAN AGED ABOUT 58 YEARS, RESIDING AT NO.4286, WARD NO.10, MASJID MOHALLA MAIN ROAD, OPP TO RAILWAY STATION, RAMANAGARA TOWN, BANGALORE SOUTH DISTRICT (AS PER ANNEXURE C) KARNATAKA – 562 159 4. MR. FAROOQ ULLA KHAN S/O. LATE. RASOOL KHAN AGED ABOUT 49 YEARS. RESIDING AT NO.4286, WARD NO.10, MASJID MOHALLA MAIN ROAD, OPP TO RAILWAY STATION, RAMANAGARA TOWN, BANGALORE SOUTH DISTRICT (AS PER ANNEXURE C) KARNATAKA – 562 159 …PETITIONERS (BY SRI. RAGHAVENDRA REDDY C R.,ADVOCATE) AND: STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE STATION REP BY STATE PUBLIC PROSECUTOR - 3 - HC-KAR NC: 2026:KHC:14715 CRL.P No. 1159 of 2026 HIGH COURT OF KARNATAKA BANGALORE – 560 001 …RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO: (a) ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.298/2025 OF RESPONDENT RAMANAGARA RURAL P.S. RAMANGARA FOR OFFENCES P/U/S. 318(4), 336(2), 336(3) R/W 3(5) BNS, 2023 AND PENDING ON FILE OF HONBLE 1ST ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, COURT, RAMANAGARA DISTRICT. (b) DIRECT THE INVESTIGATING OFFICER OR ANY OTHER OFFICER, WHO IS INVESTIGATING IN THIS MATTER TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN THE ABOVE CASE. (c) AND SUCH ANY OTHER RELIEF/S DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioners/accused Nos.1 to 4 are before this Court seeking for grant of anticipatory bail in Crime - 4 - HC-KAR NC: 2026:KHC:14715 CRL.P No. 1159 of 2026 No.298/2025 of respondent-police for the offence under Sections 318(4), 336(2), 336(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, a complaint came to be registered by the complainant stating that he was working as an Auditor at Ramanagara District Wakf Office. During his tenure as an Officer of the said Wakf, he has learnt that 50 acres and 14 guntas of the land belongs to Wakf has been Unauthorisedly occupied by the petitioners by fabricating the documents relating to the said properties. 3. On the basis of the said complaint, the respondent-police have registered a case in Cr.No.298/2025 for the offence stated supra. The investigation is under progress. 4. Heard Sri.Raghavendra Reddy C.R., learned counsel for the petitioners and Smt.Anitha Girish N., - 5 - HC-KAR NC: 2026:KHC:14715 CRL.P No. 1159 of 2026 learned High Court Government Pleader for the respondent-State. 5. It is the submission of the learned counsel for the petitioners that, the petitioners are innocent of the alleged offences. They have been falsely implicated in the case. The matter is pertaining to civil dispute. The petitioners are ready to co-operate with investigation. They are the permanent residents of the addresses given in the said cause-title. They are the earning members of their respective families. Moreover, they are all reputed persons in the society and having a deep root in the society. They will abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that, large property is involved in this scam. 50 acres of land belonging to Wakf of Ramanagara District has been illegally taken possession by the petitioners by forging and - 6 - HC-KAR NC: 2026:KHC:14715 CRL.P No. 1159 of 2026 fabricating the documents. The custodial interrogation is very much essential to unearth the scam. If the petition is allowed, it would not be possible to conduct fair and proper investigation. Hence, it is not appropriate to grant bail to the petitioners/accused Nos.1 to 4. Making such submissions, she prays to reject the petition. 7. Heard the learned counsel for the respective parties and perused the averments of the complaint, it appears from the record that a complaint came to be registered by the complainant stating that he was working as an Officer of Ramanagara Wakf Board. According to him, 50 acres and 14 guntas of the land, which belongs to Wakf Board has been unauthorisedly occupied by the petitioners and also it is alleged that they have misused the seal and signature of the office bearers of the Wakf Board and also created and fabricated some documents. On the basis of the said forged documents, they entered into an agreement of sale with third parties. - 7 - HC-KAR NC: 2026:KHC:14715 CRL.P No. 1159 of 2026 8. Be that as it may. The matter is relating to civil dispute between the parties. The petitioners are the permanent residents of the address stated in the cause- title. The alleged offences are exclusively triable by Magistrate. Therefore, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in the event of their arrest Crime No.298/2025 of respondent-police for the offence under Sections 318(4), 336(2), 336(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh - 8 - HC-KAR NC: 2026:KHC:14715 CRL.P No. 1159 of 2026 only) each with one surety each for the likesum to the satisfaction of the Trial Court. (iii) The petitioners shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (iv) The petitioners shall co-operate with investigation till filing of the charge sheet. (v) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (vi) The petitioners shall appear before the Trial Court on all hearing dates without fail. (vii) The petitioners shall not commit any criminal cases till disposal of the case. - 9 - HC-KAR NC: 2026:KHC:14715 CRL.P No. 1159 of 2026 In case, if the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 26