Kahaja Pasha @ Khaja Vs the State of Karnataka

JOHN PERER @ JAYARAM S/O JAYARAM, AGED ABOUT 21 YEARS, R/AT 2^ND CROSS, NEAR GOVERNMENT SCHOOL, H.HOSAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562106. (NOW IN JUDICIAL CUSTODY)

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…PETITIONERS

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(BY SRI. K A CHANDRASHEKARA.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY THE POLICE OF HEBBAGODI POLICE STATION,

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NC: 2026:KHC:22681 CRL.P No. 4281 of 2026

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HC-KAR

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BENGALURU-560 099. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001.

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…RESPONDENT

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(BY SMT. ANITHA GIRISH N., HCGP)

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THIS CRL.P FILED IS U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO PASS THE ORDER GRANT THEM BAIL IN CRIME NO.69/2026 OF HEBBAGODI POLICE STATION, BENGALURU CITY NOW PENDING ON THE FILE OF THE LEARNED II ADDL.CIVIL JUDGE AND JMFC COURT, ANEKAL, BENGALURU FOR THE OFFENCES P/U/S 109, 115(2), 309(4), 140(2), 118(1), 351(2) AND 352 R/W 3(5) OF BNS 2023 AND ETC.

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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 M.G.S. KAMAL

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ORAL ORDER

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This petition is by the accused Nos.1 and 2 in Crime No.69/2026 registered by the Hebbagodi Police Station, Electronic City Sub-Division for the offences punishable under Sections 109, 115(2), 309(4), 140(2), 118(1), 351(2), 352 read with Section 3(5) of BNS Act, 2023.

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Case of the prosecution is that complainantBasavaraju who was working as a driver of a goods vehicle, had sold his goods vehicle with an intention of purchasing a car.

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NC: 2026:KHC:22681 CRL.P No. 4281 of 2026

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HC-KAR

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Accused persons having the knowledge of he possessing the money, being the sale proceeds of his vehicle, had conspired to extract the same from the complainant, with that intention on 30.01.2026 at about 07.00 p.m., accused Nos.1 and 2 had called the complainant on the pretext of having tea and took him in an auto to a deserted area. The accused persons thereafter assaulted the complainant by hands and with golf stick, knife and snatched sum of ₹1,500/- from the complainant and also demanded additional sum of ₹50,000/-. When he tried to run away, they threatened him with dire consequences of eliminating him. Accordingly, the complaint was filed.

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Petitioner- accused Nos. 1 and 2 were arrested on 31.01.2026. They had filed application under Section 483, which came to be rejected by order dated 23.02.2026. It is submitted that charge sheet has been filed. The allegation against the accused No.1 is that he assaulted the complainant by hand and accused No.2 assaulted the complainant by golf stick on his back and thereby causing injuries.

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Learned counsel for the petitioners- accused Nos.1 and 2 brings to the notice of this Court the further statement of

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NC: 2026:KHC:22681 CRL.P No. 4281 of 2026

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HC-KAR

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the complainant recorded on 08.02.2026 in which he has stated that after lodging the complaint on 31.01.2026 he had gone to his hometown for taking rest and thereafter he has returned to Bangalore after a week and that he has not taken any treatment in any hospital. Thus, he submits that the whole case of he sustaining grievous injuries is false and baseless.

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Per contra, learned HCGP does not dispute

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recording of the further statement of the complainant.

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Heard. Perused the records.

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In the light of the undisputed fact of recording of

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the further statement of the complainant by the respondentpolice regarding he not taking treatment in any hospital and

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just taking rest in his native for a week, would take away the substance of allegation made against the petitioners-accused Nos.1 and 2 for the offense alleged. In the absence of any wound certificate or treatment undergone by the complainant, there is a considerable force in the submissions made by the counsel for the petitioners-accused Nos.1 and 2 regarding complainant having sustained any injuries.

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NC: 2026:KHC:22681 CRL.P No. 4281 of 2026

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HC-KAR

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Petitioners-accused Nos.1 and 2 are stated to have

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no criminal antecedents. Considering the age of the petitioners -accused Nos.1 and 2 and they having made out a prima facie case for grant of bail, following;

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ORDER

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(i) Criminal Petition filed under Section 483 of BNSS, 2023 is allowed .

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(ii) The accused/petitioners are directed to be enlarged on bail in Crime No.69/2026 filed by Hebbagodi Police Station, Electronic City Sub-Division for the offences punishable under Sections 109, 115(2), 309(4), 140(2), 118(1), 351(2), 352 read with Section 3(5) of BNS Act, 2023, subject to the following conditions:

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a) The accused Nos.1 and 2/petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with one local sureties each for the likesum, to the satisfaction of the jurisdictional Court;

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b) They shall appear regularly on all the dates of hearing before the Trial Court unless

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NC: 2026:KHC:22681 CRL.P No. 4281 of 2026

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HC-KAR

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the Trial Court exempts their appearance for valid reasons;

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c) They shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) They shall not involve in similar offences in future;

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e) They shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

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Sd/(M.G.S. KAMAL) JUDGE

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RU

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List No.: 3 Sl No.: 4

Kahaja Pasha @ Khaja v. the State of Karnataka

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Kahaja Pasha @ Khaja v. the State of Karnataka

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