B Basavaraja vs State Of Karnataka

C M Joshi, J

The petitioner-accused has approached this Court under Section 439 of the Code of Criminal Procedure seeking grant of regular bail in Crime No.31/2023 registered for the offence punishable under sections 3, 25(1)(A) of the Arms Act by the Gudekote Police Station.

It was alleged that on 19.03.2023 at about 11.45 a.m., the petitioner was going on a motorcycle along with a single barrel gun without any licence and on enquiry, he stated that he purchased it from a lorry driver for a sum of Rs.3,000/- and he had no licence for the same. On examination of bag, which contained the said single barrel gun, it was found that ammunition of about 150 grams was also found and therefore, the accused was apprehended by the CPI, Kudligi Circle and was brought to the police station at Gudekote. Along with a complaint, the accused was handed over to the PSI of the said police station.

Learned counsel for the petitioner submits that the accused is the only bread earner in his family and his wife is suffering low blood-pressure and some other ailments and therefore, his presence is very much essential and as such prayed for grant of bail.

Per contra, learned HCGP submits that the investigation is still in progress and the investigating officer is yet to ascertain whether any other offences are committed by the petitioner-accused and therefore, prayed for dismissal of the petition.

A perusal of the records reveal that on the basis of credible information, the CPI, Kudligi Circle had secured panchas and had gone to the spot where the accused was intercepted while he was going on a motorcycle along with single barrel gun. It is not the allegation of investigating officer that petitioner-accused had used the said gun anywhere. It is also evident that only gun powder was found along with the said gun. Evidently the pellets, which were essential for use of gun, were not found with the accused. The offence alleged against the accused is punishable with three years imprisonment which may extend to seven years and fine. Evidently, the offences are not punishable with death sentence or imprisonment for life. Therefore, the allegation is only in respect of illegal possession of single barrel gun and no other offence is made out against the accused. When use of gun is not ascertained, mere possession of gun cannot be said to be of sufficient gravity, which would warrant his detention. Therefore, further detention of the accused in custody would nothing but pre-trial punishment. Under these circumstances, this Court finds that the accused is entitled to bail subject to certain conditions. Hence, the petition deserves to be allowed. Accordingly, I pass the following:

ORDER

The petition filed under Section 439 of Cr.P.C., is hereby allowed and the petitioner-accused is ordered to be released on bail in Crime No.31/2023 of Gudekote Police Station subject to following conditions:

i) The petitioner-accused shall execute personal bond for a sum of Rs.1,00,000/- along with one surety to the satisfaction of the learned Magistrate.

ii) He shall not tamper with the prosecution witnesses either directly or indirectly.

iii) He shall not indulge in criminal activities during the pendency of this case.

iv) He shall appear before the investigating officer as and when required and co-operate for the investigation.

Registry to send a copy of this order to the concerned Trial Court for compliance of the order.