- 1 - HC-KAR NC: 2026:KHC:24459 CRL.P No. 5298 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 5298 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SHEIK NISAR AHMED @ NISAR S/O SHEIK PASHA SAB, AGED ABOUT 57 YEARS, R/AT NO.27, 2ND MAIN, 2ND CROSS, CHIKKABETTAHALLI, VIDYARANYAPURA, BENGALURU-560 097. …PETITIONER (BY SRI. SADANAND G SHASTRI.,ADVOCATE) AND: THE STATE OF KARNATAKA BY VIDYARANYAPURA POLICE, BY LEARNED SPP, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE-560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL FOR THE OFFENCES P/U/S 109, 115(2), 351(2), 352 R/W 3(5) OF THE BNS 2023 IN CR NO.89/2026 BY THE VIDYARANYAPURA POLICE ON THE FILE OF THE COURT OF THE VII ADDL.CMM AT ANNEXURE-B AND ETC., Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24459 CRL.P No. 5298 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. This petition is filed by the accused No.1-petitioner herein seeking grant of regular bail in Crime No.89/2026 of Vidyaranyapura Police Station, for the offences punishable under Sections 109, 115(2), 351(2) and 352 read with Section 3(5) of BNS, 2023. 2. Perusal of the complaint would indicate that the complainant was the owner of a Site No.305/395, measuring 40'X60' situated at AMS Layout, Chikkabettahalli had gone to visit his site, at that time, accused No.1-petitioner herein along with two others had allegedly demanded payment of Rs.25,00,000/- claiming that whoever owns a site in that area had to pay money to them. On refusal by the complainant they assaulted him. Allegation against the accused No.1-petitioner herein is that he assaulted by his hand on his face, while accused Nos.2 and 3 assaulted him by a knife and wicket causing blood injuries. - 3 - HC-KAR NC: 2026:KHC:24459 CRL.P No. 5298 of 2026 3. Learned counsel for the accused No.1-petitioner herein files a memo along with daily order sheet maintained in suit in O.S.No.7644/2025 on the file of Principal City Civil and Sessions Judge, Bengaluru pointing out that there is a suit pending in respect to the very same site between accused No.3-Sonu @ Kaleem and the defacto complainant, who is defendant No.9 in the said suit. He submits that the present complaint is filed in furtherance to the said civil dispute without there being any alleged incident having taken place. He submits nonetheless the allegation made against the accused No.1- petitioner herein is only that he had allegedly assaulted by his hands on the face of the complainant. He further submits that accused No.1-petitioner herein is aged about 60 years and a senior citizen. Only because he is related to accused No.3, who is the plaintiff in the said suit, the present complaint is filed roping the accused No.1-petitioner herein. Hence, seeks for allowing of the petition. 4. Learned Addl.SPP, opposing the petition submits that the allegation is serious in the nature of extortion coupled with allegation of assault causing bleeding injuries. Therefore, accused No.1-petitioner herein is not entitled for grant of bail. - 4 - HC-KAR NC: 2026:KHC:24459 CRL.P No. 5298 of 2026 5. Heard and perused the records. 6. Order sheet maintained in O.S.No.7644/2025, would indicate that there is a pending suit between the accused No.3 and defendant No.9-complainant, in respect of the very same site, where the defacto complainant was allegedly assaulted. The compliant is dated 28.02.2026, while the suit is pending since 31.10.2025. Complaint does not mention about pendency of the said suit in respect of the very same site. 7. There is no allegation of accused No.1-petitioner herein assaulting the defacto complainant with any weapon, much less, dangerous weapon. Admittedly, there is a civil dispute pending between the parties. The basis of the complaint is that accused persons allegedly demanding payment of Rs.25,00,000/- on the alleged premise that ''whosoever purchases a site in that area should pay them such money, failing which, he would not be spared''. This allegation forming basis of the complaint in the light of pending civil suit requires investigation and ascertainment of the true facts and motive. 8. Considering the background of the dispute and the allegation made against the accused No.1-petitioner herein - 5 - HC-KAR NC: 2026:KHC:24459 CRL.P No. 5298 of 2026 namely he allegedly assaulting the defacto complainant only by his hand and considering the age of the accused No.1-petitioner herein, this Court deems it appropriate to grant bail as sought for. 9. Accordingly, following; ORDER (i) Criminal Petition filed under Section 483 of BNSS, 2023 is allowed. (ii) The accused No.1-petitioner herein is directed to be enlarged on bail in Crime No.89/2026 of Vidyaranyapura Police Station, for the offences punishable under Sections 109, 115(2), 351(2) and 352 read with Section 3(5) of BNS, 2023, subject to the following conditions: a) The accused No.1-petitioner herein shall execute a personal bond for a sum of Rs.1,00,000/- with two local sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2026:KHC:24459 CRL.P No. 5298 of 2026 b) The accused No.1-petitioner herein shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The accused No.1-petitioner herein shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The accused No.1-petitioner herein shall not involve in similar offences in future; e) The accused No.1-petitioner herein shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Communicate copy of this order to the trial Court and concerned prison authorities forthwith. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 4 Sl No.: 32