Imran @ Mohammed Imran Vs the State

IMRAN @ MOHAMMED IMRAN, S/O ABDUL RAHIMAN, AGED ABOUT 37 YEARS, RESIDING AT NO.3/82, SHIVA NAGARA, NEAR SHIVASHAKTI BHAJANA MANDIRA, MUDUSHEDDE VILLAGE AND POST, MANGALORE - 575 028.

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…PETITIONER

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(BY SMT. HALEEMA AMEEN, ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY MANGALORE RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE - 560 001.

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…RESPONDENT

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(BY MS. ASMA KOUSER, ADDL. SPP)

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THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRL.MISC.156/2025 (CRIME NO.03/2025 OF MAGISTRATE RURAL POLICE STATION, MANGALORE), REGISTERED FOR OFFENCE P/U/S. 3, 5(1)(a), 25(1A), 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.

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NC: 2025:KHC:15502 CRL.P No. 4708 of 2025

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard both sides. Perused the material on record.

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This petition is preferred under Section 483 of BNSS 2024, praying to enlarge the petitioner on bail in Crime No.03/2025 of Mangalore Rural Police Station, Mangaluru City, registered for the offences punishable under Sections 3, 5(1)(a), 25(1A), 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.

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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 accused No.1 and while both of them were talking to each other, accused No.1 showed his new pistol to him and at that time, he accidentally pressed the trigger, due to which, the bullet fired from the said pistol pierced the abdomen of Ustad Safwan resulting in severe injuries caused to him.

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NC: 2025:KHC:15502 CRL.P No. 4708 of 2025

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In the FIR, the petitioner is arraigned as accused No.2. It is alleged that accused No.1 purchased the unlicensed pistol from the petitioner herein.

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Learned Addl.SPP contended that the petitioner is involved in eleven cases and he is a habitual offender and if he is released on bail, he may once again involve in criminal activities and therefore, he is not entitled for the relief sought by him.

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The allegation against the present petitioner is that he has unauthorizedly supplied pistol to accused No.1. However, except the voluntary statement of accused No.1, there is no material at this stage to show that the pistol was sold to accused No.1 by the petitioner.

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Learned Addl. SPP has contended that live bullets

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and cash of Rs.80 was recovered from the present petitioner. However, by that itself, it cannot be presumed at this stage that the unlicensed pistol was sold to accused No.1 by the petitioner herein. The prosecution has to establish its case against the petitioner in a full-fledged trial.

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NC: 2025:KHC:15502 CRL.P No. 4708 of 2025

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Accused No.1 was granted bail in

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Crl.P.No.2359/2025 vide order dated 25.03.2025. The petitioner was arrested on 09.01.2025. He is in judicial custody since then. Investigation is completed and charge sheet is filed. Hence, by imposing appropriate conditions, the petitioner can be granted the relief sought by him. Accordingly, the following:

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ORDER

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(i) Petition is allowed ;

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(ii) Petitioner/accused No.2 in Crime No.03/2025 of Mangalore Rural Police Station, shall be enlarged on bail, subject to the following conditions:

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(a) 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 jurisdictional court.

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(b) He shall furnish proof of his residential address and shall inform the Court/Investigation Officer, if there is change in the address.

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