Sri Narasimhamurthy @ Driver ... vs State Of Karnataka on 6 June, 2022

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Karnataka High Court

Sri Narasimhamurthy @ Driver ... vs State Of Karnataka on 6 June, 2022

Bench: H.P. Sandesh

                            1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 6TH DAY OF JUNE, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

              CRIMINAL PETITION NO.4161/2022

BETWEEN:

1.     SRI NARASIMHAMURTHY @
       DRIVER NARASIMHAMURTHY,
       S/O DRIVER RAMANNA,
       AGED ABOUT 50 YEARS,
       R/AT ANUPANAHALLI VILLAGE,
       URDIGERE HOBLI,
       TUMAKURU TALUK,
       TUMAKURU DISTRICT - 572140.

2.     SRI NARASARAJU,
       S/O HISALAIAH,
       AGED ABOUT 33 YEARS,
       R/AT ANUPANAHALLI VILLAGE,
       URDIGERE HOBLI,
        TUMAKURU TALUK,
       TUMAKURU DISTRICT - 572140.         ...PETITIONERS

          (BY SRI P.P. HEGDE, SENIOR COUNSEL FOR
          SRI VENKATESH SOMAREDDI , ADVOCATE)

AND:

STATE OF KARNATAKA,
BY KYATHSANDRA POLICE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560001.                     ...RESPONDENT

               (BY SRI MAHESH SHETTY, HCGP)
                                     2



     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
C.C.NO.5593/2022 (CR.NO.14/2022) OF KYATHASANDRA P.S.,
TUMAKURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 25A, 25 1A, 25(1AA), 28, 29(A) OF ARMS ACT AND
SECTION 9B OF EXPLOSIVE SUBSTANCES ACT ON THE FILE OF
THE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C TUMKUR.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioners in C.C.No.5593/2022 (Crime No.14/2022) of Kyathasandra Police Station, Tumakuru District, for the offences punishable under Sections 25A, 25(1A), 24(1AA), 28 and 29(A) of Arms Act and Section 9B of the Explosive Substances Act.

2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

3. The factual matrix of the case of the prosecution is that accused No.1 used to manufacture double barrel gun and sold the same to accused Nos.2 to 9 and these two petitioners are arraigned as accused Nos.5 and 6 and without any licence 3 they have possessed the double barrel gun and hence case is registered against the petitioners.

4. The learned counsel for the petitioners submits that the maximum punishment for possessing double barrel gun without licence is three years and the same has not been used. The learned counsel submits that these petitioners are residing in forest are and only in order to protect themselves from wild animals, the same was possessed and hence they may be enlarged on bail.

5. Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that without the licence, they have possessed the gun and the same is purchased from accused No.1 and the maximum punishment for possessing double barrel gun without licence is three years.

6. Having heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State and also on perusal of the material available on record, investigation has already been completed and charge-sheet is also filed. Having considered the gravity of the offence and the accusation made in the charge-sheet, there 4 is no need of custodial trial and hence it is appropriate to enlarge the petitioners on bail with conditions.

7. In view of the discussions made above, I pass the following:

ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in connection with in C.C.No.5593/2022 (Crime No.14/2022) of Kyathasandra Police Station, Tumakuru District, for the offences punishable under Sections 25A, 25(1A), 24(1AA), 28 and 29(A) of Arms Act and Section 9B of the Explosive Substances Act, subject to the following conditions:

(i) The petitioners shall execute their personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the like-sum to the satisfaction of the jurisdictional Court.

(ii) The petitioners shall not indulge in tampering the prosecution witnesses.

(iii) The petitioners shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against them is disposed of.

Sd/-

JUDGE MD

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