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Judgment
PER: HON'BLE MR. JUSTICE VENKATESH NAIK T
Heard the learned counsel Sri.S.G.Kulkarni., for the petitioner/accused No.5 and Sri.Dayanand Sangreshi, learned HCGP for respondent-State.
The petitioner/accused No.5 has filed this petition under Section 483 of BNSS, 2023 (Section 439 of Cr.P.C.) seeking regular bail in connection with crime No.56/2026 of Camp Police Station, Belagavi registered for the offences punishable under Sections 109, 126(2), 118(1) 352, 351(2), 351(3), 189(2), 191(2), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023, and Section 25(1)A of Indian Arms Act, pending on the file of the learned V Additional Civil Judge and JMFC, Belagavi.
The brief facts of the prosecution case in the nutshell are as under:
It is alleged that there was an ill-will between the complainant and accused No.1 in respect of monetary transactions. On 14.07.2026 at about 08.30 p.m. when the first informant was working in Union Jamkana Club, accused No.1 and others entered and wrongfully restrained the first informant by holding his shirt, intentionally insulted him to provoke his breach of peace and assaulted with pistol on his head and made criminal intimidation to eliminate him and fired towards the first informant. Any how, he escaped and survived. Hence, the complaint filed the complaint.
During the course of investigation, this petitioner/accused No.5 was arrested and in turn, he was remanded to judicial custody.
Learned counsel for the petitioner/accused No.5 contented that incident occurred on 16.07.2026, but the petitioner was arrested on 29.07.2026. As per the remand application, the role of this petitioner is not attributed to the alleged offence. The petitioner is ready to abide by any conditions to be imposed by this Court. Hence, learned counsel for the petitioner prayed to allow the petition.
The learned HCGP vehemently contented that there is prima facie allegation against the petitioner. Soon after the incident, the pistol was handed over to the petitioner and the pistol was recovered at his instance. Hence, he is not entitled for bail. Hence, learned HCGP prayed to reject the petition.
Perused the material available on record. The record reveals that accused No.1 assaulted the defacto complaint with pistol on his head and also fired at the first informant, any how, he escaped and the first informant has not sustained any injuries. The pistol and cartridges were seized under panchanamma. However, the individual overt act is not attributed to the petitioner, and his role is not specifically stated in the complaint. At this stage, there is no prima facie case against the petitioner, so as to attract the alleged offence.
Hence, considering the nature of the offence, circumstances of the case, particularly, the allegations leveled against the petitioner, I am of the opinion that the petitioner is entitled for grant of bail. Accordingly, I proceed to pass the following:
ORDER
The Criminal petition is allowed. The petitioner/accused No.5 is ordered to be enlarged on bail in connection with crime No.56/2026 of Camp Police Station, Belagavi registered for the offences punishable under Sections 109, 126(2), 118(1) 352, 351(2), 351(3), 189(2), 191(2), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023, and Section 25(1)A of Indian Arms Act, pending on the file of the learned V Additional Civil Judge and JMFC, Belagavi, subject to the following conditions:
Petitioner shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees two lakh only) with two sureties for the likesum to the satisfaction of the trial Court;
ii) Petitioner shall not threaten or tamper with the prosecution witnesses directly or indirectly;
iii) Petitioner shall co-operate with the Investigating Officer, until completion of the investigation;
iv) Petitioner shall not involve in similar offences in future, and
Petitioner shall mark his attendance before the respondent-Police, viz., Investigating Officer/ Station House Officer once in every fortnight i.e., on first and fifteenth of every month between 10.00 a.m. and 5.00 p.m. for a period of six months or till filing of final report, whichever is earlier.
Any violation of the conditions imposed above would enable the prosecution to seek for cancellation of bail.
It is made clear that the above observations made herein are only for disposal of the present petition.