Ejas Pasha v. State of Karnataka by

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13758 OF 2026 BETWEEN:

¶1EJAS PASHA S/O AMZAD PASHA AGED ABOUT 44 YEARS R/AT NO.67, 7TH WARD 2ND BLOCK, OLD HOSPITAL ROAD GUNDLUPET TOWN CHAMARAJANAGARA DISTRICT.

¶2ANISH PASHA S/O. AMZAD PASHA AGED ABOUT 33 YEARS R/AT NO.2791, 1ST STAGE RAJEEVANAGAR, DEVANURU EXTENSION, MYSURU DISTRICT.

¶3ALTHAF PASHA S/O AMZAD PASHA AGED ABOUT 49 YEARS R/AT NO.282, 3RD CROSS SUBHASH NAGARA NARASIMHARAJA MOHALLA MYSURU CITY, MYSURU DISTRICT. …PETITIONERS (BY SRI ANIL KUMAR A.S, ADV., FOR SRI PARAMESWARAPPA C, ADV.) AND:

STATE OF KARNATAKA BY GUNDLUPET POLICE STATION CHAMARAJNAGAR - 571 111 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT

by NANDINI M S Location: HIGH COURT OF KARNATAKA

(BY SRI RAHUL RAI K, HCGP)

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THIS PETITION AND THEREBY PLEASED TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH THE CRIME NO.228/2026 OF THE GUNDLUPET POLICE STATION PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE AND JMFC COURT AT GUNDLUPETE FOR THE OFFENCES P/U/S 126(2), 109, 352, 54 R/W SEC.3(5) OF THE BNS, 2023.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

¶1Accused nos.3 to 5 in Crime No.228/2026 registered by Gundlupete Police Station, Chamarajanagar District, for the offences punishable under Sections 126(2), 109, 352, 54 read with 3(5) of BNSS, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.

¶2Heard the learned Counsel for the parties.

¶3FIR in Crime No.228/2026 was registered by Gundlupete Police Station, Chamarajanagar District, for the aforesaid offences against Suhel Ahammed and others, based on the first information dated 16.07.2026 received from Mohammed Jakaulla, S/o Saifulla. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.322/2026 before the jurisdictional Sessions Court, which was rejected on

17.08.2026. Therefore, they are before this Court.

¶4Perusal of the material on record would go to show that though the alleged incident had taken place on 13.07.2026, first information was belatedly lodged on 16.07.2026, which is after a period of three days.

¶5A reading of the first information would reveal that neither the first informant nor anybody else have suffered any injury in the present case. The allegation found in the first information is that accused persons who are involved in another criminal case have been following the first informant who is a witness in the said case and threatening him of dire consequences by showing him weapons.

¶6Accused nos.1 & 2 named in the first information were arrested in the present case during the course of investigation and they have been released on regular bail.

¶7Though it is stated that the alleged act of accused persons carrying weapons with them and threatening the first information is covered in CCTV footage, undisputedly, till date such material is not collected by the Investigating Officer.

¶8Learned Counsel for the petitioners has submitted that in order to seek cancellation of bail granted to the accused persons in the other criminal case, the present case has been registered against them.

¶9The petitioners have undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order:

¶10The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release

the petitioners in the event of their arrest in Crime No.228/2026 registered by Gundlupete Police Station, Chamarajanagar District, for the offences punishable under Sections 126(2), 109, 352, 54 read with 3(5) of BNSS, 2023, subject to the following conditions:

¶1The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer.

¶2Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

¶3Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.

¶4The petitioners shall not involve in similar offences in future.

¶5The petitioners are directed to appear before the Station House Officer, Gundlupete Police

Station, on the first and third Sunday of of every month between 10.00 a.m. and 01.00 p.m. and mark their attendance, till the investigation in the present case is completed and final report is filed.

Sd/- (S VISHWAJITH SHETTY) JUDGE

KK