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Karnataka High Court
Mahamed Haji S/O Mastan Basha vs The State Of Karnataka on 29 January, 2026
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2026:KHC-D:1137
CRL.P No. 105400 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 105400 OF 2025
(439(CR.PC)/483(BNSS))
BETWEEN:
MAHAMED HAJI S/O MASTAN BASHA
AGE. 19 YEARS, OCC. LABOURER,
R/O. BASAVESHWARA BODAVANE,
HOSAPETE, TQ. HOSAPETE,
DIST. VIJAYANAGARA 583201.
...PETITIONER
(BY SRI. SABEEL AHMED DARVESHU, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH PSI, EXTENSION POLICE STATION,
HOSAPETE,
NOW REPRESENTED BY ITS ADDL. STATE PUBLIC
PROSECUTOR,
SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD
580011.
...RESPONDENT
(BY SRI. P.N. HATTI, HCGP)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
Location: High
Court of Karnataka,
Dharwad Bench
CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO ENLARGE THE
PETITIONER/ACCUSED NO. 1 ON REGULAR BAIL IN CRIME NO.
79/2025 OF HOSAPETE EXTENTION POLICE STATION FOR THE
ALLEGED OFFENCE P/U/SEC. 109, 115(2), 352, 3(5) OF BNS, 2023 ON
THE FILE OF PRL. CIVIL JUDGE (SR.DN.) AND JMFC COURT HOSAPETE
IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:1137
CRL.P No. 105400 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Heard Sri.Sabeel Ahemed, learned counsel for the
petitioner and Sri.P.N.Hatti, learned High Court
Government Pleader for the respondent/State.
2. Petition is filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 with the following prayer:
"Wherefore, it is most humbly prayed that this
Hon'ble Court may be pleased to enlarge the
petitioner/accused No.1 on regular bail in Crime
No.79/2025 of Hosapete Extention Police Station for
the alleged offences punishable under Section 109,
115(2), 352, 3(5) of BNS, 2023 on the file of Prl.
Civil Judge (Sr.Dn.) and JMFC, Hosapete in the
interest of justice and equity."
3. A complaint came to be lodged by the brother of
the injured by name B. Karthik with Hosapete Police
Station by contending that he has been informed by one
Vishnu that present revision petitioner and others have
assaulted his younger brother - Jambunatha near Rama
Talkies with a knife.
NC: 2026:KHC-D:1137
HC-KAR
4. On hearing such information from Vishnu,
complainant rushed to the spot and his brother was not
found there and some by standers informed him that his
younger brother has been taken to the hospital on a
scooty. Immediately, he ran to the hospital and he found
his younger brother injured. There was a huge loss of
blood and doctors were treating him.
5. On enquiry, with his younger brother,
complainant came to know that on account of previous
enmity, present petitioner and others took the opportunity
of injured and the Uday Kumar being available near Rama
Talkies, assaulted Jambunatha with knife on the left
abdominal and back of Jambunatha resulting in huge loss
of blood.
6. After sufficient and continued treatment, injured
survived from the injuries.
7. The police registered the case for the offences
punishable under Section 109, 115(2), 352 and 3(5) of
Bharatiya Nyaya Sanhita, 2023 and after thorough
NC: 2026:KHC-D:1137
HC-KAR
investigation, filed the charge sheet for the aforesaid
offences.
8. Wound certificate shows that all the three
injuries sustained by the injured are grievous in nature
based on the ultra sound scan report. Within 15 to 30
minutes of the time of injury, injured has been examined
by the doctor as could be seen from the certificate and
police were able to seize the knife used in the incident.
9. Taking note of all these aspects of the matter
and but for the timely intervention of the patrolling police
officials , injured might have lost his life.
10. These aspects of the matter, prima facie
establishes the gravity of the offences and therefore,
rejection of the bail by the learned Trial Magistrate is just
and proper.
11. Grounds of bail are not sufficient to enlarge the
petitioner on bail atleast till the examination of the injured
and eye witnesses to the incident in the pending trial.
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HC-KAR
12. Previous enmity is the motive and injury is on
the vital part. Weapon used is the deadly weapon which
would be sufficient enough to prima facie infer the
ingredients of attempt to murder.
13. Therefore, without holding mini trial, this Court
is of the considered opinion that the petitioner has not
made out any good grounds to grant the bail by exercising
the discretionary power vested in this Court under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023.
14. Accordingly, the following:
ORDER
i. Petition is dismissed.
ii. However, if there are any positive changed
circumstances in the case of the petitioner,
he may renew his request with a
successive bail application.
Sd/-
(V.SRISHANANDA)
JUDGE
KAV, CT:CMU
LIST NO.: 2 SL NO.: 15
