Mahammad Arshad Ulla Vs the State of Karnataka

MAHAMMAD ARSHAD ULLA @ ARSHAD S/O MAHAMMED JAKHA ULAL AGED ABOUT 36 YEARS R /AT NO. 221, 1^ST CROSS MUSLIM BEEDI ANGANAVADI MOHALLA GOUSIYA, MOHALLA MAMBALLI VILLAGE YELANDURU TALUK CHAMARAJANAGARA DISTRICT - 571 111.

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…PETITIONER

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(BY SRI. VEERABHADRA SWAMY H P.,ADVOCATE)

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AND:

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Digitally signed AND: by SUMA B N Location: HIGH THE STATE OF KARNATAKA COURT OF KARNATAKA BY AGARA -MAMBALLI POLICE STATION YELANDURU TALUK CHAMARAJANAGAR DSITRCT REP BY STAE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI. VINAY MAHADEVAIAH, HCGP)

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NC: 2026:KHC:20045 CRL.P No. 14562 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN C.C.NO.846/2025 CRIME NO.62/2025) FOR THE OFFENCE P/U/SECTION 3 AND 25 (1-B) (A) OF INDIAN ARMS ACT. THE COMPLAINT FILED BY THE RESPONDENT AGARA-MAMBALLI POLICE, YELANDUR TALUK, PENDING BEFORE THE HON'BLE CIVIL JUDGE AND JMFC AT YEALNDUR, CHAMARAJANAGAR DISTRICT, BY ALLOWING THIS BAIL PETITION.

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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 M.G.S. KAMAL

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ORAL ORDER

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Petitioner herein is the accused No.2 in Crime No.62/2025 registered by the Mambali Police Station, Yalandur Taluk, Chamarajanagara District for the offences punishable under Sections 3 and 25(1B)(a), of the Indian Arms Act, 1959 is before this Court seeking grant of bail.

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Case of the prosecution is that on 29.04.2025 at about 08:00 p.m., complainant namely Sri. R. Srikanth, the Police Sub-Inspector had received credible information from the informant over a phone call of accused persons with an intention to sell, possessing a pistol with 10 active bullets. On enquiry, it was found that Jahid Ansari also known as Mujahideen Ansari had given accused persons said pistol to sell it for Rs.1,00,000/- and to give Rs.60,000/- and to keep

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NC: 2026:KHC:20045 CRL.P No. 14562 of 2025

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HC-KAR

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Rs.40,000/- for themselves. On verification, it was found that said pistol was made of iron and metal, handle grip of gold colour, with an inscription as 'King of Eagle' written in English thereon. That the said pistol was made in USA, Italy. Accordingly, the said persons were taken to custody by registering a case in Crime No.62/2025 for the aforesaid offences.

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Learned counsel for the accused No.2-petitioner submits that the petitioner has been in confinement from 29.04.2025 till date. Charge sheet has been filed. He submits that the petitioner has been falsely implicated as he is not involved either in possession or sale of the alleged weapon. Merely because of his acquaintance with the person who owned the pistol, accused No.2-petitioner has been implicated.

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Learned HCGP opposing the petition submits that the accused was found in possession of the arm, which is contrary and in violation of the provisions of the Arms Act and the same requires to be tried. Hence, seeks for rejection of the petition.

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Heard and perused the records.

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NC: 2026:KHC:20045 CRL.P No. 14562 of 2025

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HC-KAR

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Perusal of charge sheet indicates that the

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respondent-police after investigation filed the report for the offences punishable under Sections 3 and 25(1B)(a), of the Indian Arms Act, 1959.

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Section 3 of the Indian Arms Act, 1959 reads as under;

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'' 3. Licence for acquisition and possession of firearms and ammunition. -¹ [(1)] No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:

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Provided that a person may, without himself holding a licence, carry any firearm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder.

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² [(2) Notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry, at any time, more than [two firearms];

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⁴ [Provided that a person who has in his possession more firearms than three at the commencement of the Arms (Amendment) Act, 1983, may retain with him any three of such firearms and shall deposit, within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section.[Provided that a person who has in his possession more firearms than two at the commencement of the Arms (Amendment) Act, 2019, may retain with him any two of such firearms and shall deposit, within one year from such commencement, the remaining firearm with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section after which it shall be delicensed within ninety days from the date of expiry of aforesaid one year:

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5 - NC: 2026:KHC:20045 CRL.P No. 14562 of 2025

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HC-KAR

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Provided further that while granting arms licence on inheritance or heirloom basis, the limit of two firearms shall not be exceeded.]

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(3)Nothing contained in sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice.

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(4) The provisions of sub-sections (2) to (6) (both inclusive) of section 21 shall apply in relation to any deposit of firearms under the proviso to sub-section (2) as they apply in relation to the deposit of any arm or ammunition under sub-section (1) of that section.]''

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Section 25(1B)(a), of the Indian Arms Act, 1959 reads

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as under;

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'' 25. Punishment for certain offences.-

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(1B) Whoever-

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(a) acquires, has in his possession or carries any firearm or ammunition in contravention of section 3;

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(b) xxx

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..
…

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shall be punishable with imprisonment for a term which shall not be less than [two years but which may extend to five years and shall also be liable to fine] *and shall also be liable to fine:

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Provided that the Court may for any adequate and special reasons to be record in the judgment impose a sentence of imprisonment for a term of less than [two years]. ''

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The punishment prescribed for the offence punishable

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under Sections 3 and 25(1B)(a), of the Indian Arms Act, 1959

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is not less than 2 years, which may extend to 5 years. Since,

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HC-KAR

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the minimum punishment prescribed itself is for a period of 2 years and accused No.2-petitioner herein being in custody for close to one year and since the charge sheet is already been filed. Further, petitioner is stated to be from Kollegala and he is a local resident. This Court deems it appropriate to grant bail. Accordingly, the following:

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ORDER

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(i) Criminal Petition is allowed .

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(ii) The petitioner is directed to be enlarged on bail in Crime No.62/2025 of Mambali Police Station registered for the offences punishable under Sections 3 and 25(1B)(a), of the Indian Arms Act, 1959, subject to the following conditions:

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a) Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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NC: 2026:KHC:20045 CRL.P No. 14562 of 2025

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HC-KAR

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off;

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f) Communicate copy of this order to the trial Court and concerned Prison authorities forthwith.

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SD/(M.G.S. KAMAL) JUDGE

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RL

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List No.: 2 Sl No.: 4

Mahammad Arshad Ulla v. the State of Karnataka

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Mahammad Arshad Ulla v. the State of Karnataka

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