BADRUDDIN YANE ADDU v. THE STATE

THE STATE BY MANGALORE RURAL POLICE STATION MANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI, BANGALORE – 560 001. (BY SMT. RASHMI PATEL, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 483 BNSS (439 OF CR.P.C) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.3/2025 OF MANGALORE RURAL POLICE STATION, MANGALORE FOR THE OFFENCE P/U/S 3, 5, 25(IA), 25(1-B)(a), 27(1) OF ARMS ACT 1959 AND SECTION 110 OF BNS PENDING ON THE FILE OF JMFC III COURT, MANGALORE, D.K. DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ Location: High Court of Karnataka - 2 - NC: 2025:KHC:12396 CRL.P No. 2359 of 2025 ORAL ORDER This petition is preferred under section 483 of the BNSS, 2023 praying to enlarge the petitioner on bail in Crime No.3 of 2025 of Mangalore Rural Police Station, registered for the offence punishable under Sections 3, 5, 25(1-A), 25(1-B)(a), 27(1) of Arms Act, 1959 and Section 110 of BNS.

#2. Heard Smt. Haleema Ameen, learned counsel appearing for the petitioner and Smt. Rashmi Patel, learned High Court Government Pleader for respondent – State and perused the material on record.

#3. It is alleged by the prosecution that, on

06.01.2025, at about 4:15 p.m., the victim by name Ustad Safwan came to the shop of the petitioner and while the petitioner and said Ustad Safwan were talking to each other, petitioner showed his new pistol to him, at that time, when the petitioner pressed the trigger, the bullet from the said pistol pierced the abdomen of Ustad Safwan, as a result of which, he sustained severe injuries and admitted as an inpatient at Janapriya Hospital.

#4. It is alleged by the prosecution that the petitioner herein caused grievous injuries to the victim by firing from an - 3 - NC: 2025:KHC:12396 CRL.P No. 2359 of 2025 unlicensed gun unauthorizedly obtained by him from accused No.2 and thereby committed the aforementioned offences.

#5. Learned High Court Government Pleader has contended that the petitioner is a habitual offender against whom there are other cases registered and pending. She contended that in the present case, he has unauthorizedly purchased a pistol from accused No.2 and in view of the nature of the offence committed and his criminal background, petitioner is not entitled for the relief of bail.

#6. A perusal of the complaint averments goes to show that the petitioner accidentally caused injuries to the victim while showing the pistol to him. Section 110 of BNS is punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act shall be punished with imprisonment of either description for a term which may extend to seven years.

#7. At this stage, there is material to show the victim sustained gunshot injury to his abdomen. However, as per section 110 of BNS, the person committing the act would be guilty of culpable homicide not amounting to murder. As per - 4 - NC: 2025:KHC:12396 CRL.P No. 2359 of 2025 the discharge summary, the victim has undergone Exploratory Laparotomy on 06.01.2025. Discharge summary shows that the patient is clinically stable at the time of discharge.

#8. Petitioner was arrested on 09.01.2025. The firearm has been seized from his possession. He is not required for further investigation. In that view of the matter, petitioner can be enlarged on bail by imposing suitable conditions. Accordingly the following:- ORDER i) Criminal Petition is allowed. ii) Petitioner/accused No.1 in Crime No.3/2025 of Mangalore Rural Police Station, is ordered to be released on bail, subject to following conditions:-

#1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the Court.

#2. He furnish proof of his residential address and shall inform the Court / Investigation Officer, if there is change in the address. - 5 - NC: 2025:KHC:12396 CRL.P No. 2359 of 2025

#3. He shall mark his attendance at the jurisdictional Police Station on every Sunday between 10.00 a.m., to 1.00 p.m., conclusion investigation.

#4. He shall not directly or indirectly tamper prosecution witnesses.

#5. He shall appear before the trial Court regularly on all dates of hearing.

#6. He shall not indulge himself in any criminal activities. Violation of any of the above conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE Bss List No.: 1 Sl No.: 6