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Judgment
K.Natarajan, J
This petition is filed by the petitioner/accused No.1 under Section 439 of the Cr.P.C for granting bail in Crime No.14/2022 filed by the Kyathasandra Police Station, Tumkur for the offence punishable under Sections 3, 5, 25(1-a), 25(1), 1-B of the Arms Act, 1959.
Heard Sri. P.P.Hegde, learned Senior Counsel for the petitioner and learned High Court Government Pleader for the State.
The prosecution is that complainant and one Manjunath was doing illegal activities like preparing guns and selling the same and keeping explosives etc., raided the house of the petitioner on 12.01.2022 and seized some unlicensed guns and explosives. He was also manufacturing S.B.M.L. guns and sold them to the accused Nos.2 to 9. Subsequently, the other accused also arrested on 12.01.2022. He was remanded under the judicial Custody. His bail petition came to be rejected by this Court on 12.09.2022. Hence, the petitioner is before this Court.
Learned Senior counsel submits that other accused persons have granted bail and he is in custody from 12.01.2022, which is more than 01 year 3 months and the investigation is completed and charge sheet has been filed.
Learned High Court Government Pleader opposes the bail petition.
Having heard and perused the material of record.
The petitioner was a carpenter and was manufacturing the S.B.M.L. guns and selling to the other accused without any valid license. Some of explosives and guns were seized from him. He is in custody from 12.01.2022, which is 01 year and 3 months. The Investigation is completed and charge sheet came to be filed on 11.01.2022. The presence of the petitioner may not be required for the purpose of investigation for trial. Considering the facts and circumstances, I am of the view that without expressing any opinion on the merits of the case and by imposing certain conditions, if the petitioner/accused No.1 is granted bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:
ORDER
The criminal petition is allowed.
The trial Court is directed to release the petitioner/accused No.1 on bail in Crime No.14/2022, subject to the following conditions:-
i) Petitioner shall execute personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum to the satisfaction of the trial Court;
ii) Petitioner shall not tamper with the prosecution witnesses directly or indirectly;
iii) Petitioner shall not indulge himself in similar offences strictly;
iv) Petitioner shall take the trial without causing any delay; and
v) Petitioner shall not leave the jurisdiction of this Court without prior permission.
If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.