- 1 - HC-KAR NC: 2026:KHC-D:1137 CRL.P No. 105400 of 2025 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) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF 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: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1137 CRL.P No. 105400 of 2025 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. - 3 - HC-KAR NC: 2026:KHC-D:1137 CRL.P No. 105400 of 2025 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 - 4 - HC-KAR NC: 2026:KHC-D:1137 CRL.P No. 105400 of 2025 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. - 5 - HC-KAR NC: 2026:KHC-D:1137 CRL.P No. 105400 of 2025 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