- 1 - NC: 2025:KHC-K:2213 CRL.P No. 200514 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200514 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: NINGEPPA S/O OGEPPA NEELAJAGI, AGE:37 YEARS, OCC: AGRICULTURE, R /O. KALLATTI, GALLI, TERDAL TQ. JAMAKHANDI, DIST. BAGALKOT-587 301. …PETITIONER (BY SRI MOINAKHTAR NADAF, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE PSI, CHADACHAN PS, VIJAYAPURA, REP. BY THE ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P IS FILED U/S. 482 OF BNSS PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT TO ENLARGE THE PETITIONER/ ACCUSED NO. 5 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CHADACHAN PS CRIME NO.119/2018 REGISTERED AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE U/S. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2213 CRL.P No. 200514 of 2025 25(1)(A), 25(1-B)(a), 25(1-B)(C), 29(a), 29(b) OF INDIAN ARMS ACT WHICH IS PENDING BEFORE THE COURT OF ADDL. CIVIL JUDGE AND JMFC INDI IN CC NO.80/2021 BY IMPOSING ANY CONDITIONS THAT THIS HON’BLE COURT DEEMS FIT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused No.5 seeking anticipatory bail in Crime No.119/2018, registered by Chadachan police station, Vijayapur, for the offence punishable under Sections 25(1)(a), 25(1-B)(a), 25(1-B)(C), 29(a) and 29(b) of the Indian Arms Act, which is pending in C.C.No.80/2021 on the file of Additional Civil Judge and JMFC, Indi. 2. It is the case of the prosecution that the respondent – police received a credible information that one Sayyed Husaini was having possessed country made pistols in his house. After receiving the said information, - 3 - NC: 2025:KHC-K:2213 CRL.P No. 200514 of 2025 on 29.08.2018, the complainant along with his staff and panchas went to the house and conducted the search and found that there were two country made pistols and four live bullets. On enquiry, the accused did not give satisfactory explanation. Hence, he was arrested and a complaint came to be registered against the accused persons. The respondent - police after conducting the investigation, submitted the charge sheet. 3. Heard the learned counsel for the petitioner Sri Moinakhtar Nadaf and learned High Court Government Pleader Sri Jamadar Shahabuddin for the respondent – State. 4. It is the submission of learned counsel for the petitioner that the petitioner, who is arrayed accused No.5 is not connected to the alleged crime. Further, it is submitted that registration of the FIR after conducting search and seizure is contrary to the settled principle of law. Hence, the petitioner may be enlarged on bail by - 4 - NC: 2025:KHC-K:2213 CRL.P No. 200514 of 2025 imposing suitable conditions. Making such submissions, he prays to allow the petition. 5. Per contra, the learned High Court Government Pleader vehemently opposed the said submissions and he further submitted that the petitioner and other accused persons are the associates of the alleged crime. The accused No.1 had kept two country made pistols in his house along with live bullets. The petitioner being accused No.5 assisted other accused persons in procuring the said pistols from other States. Therefore, it is not appropriate to grant bail to the petitioner. Making such submissions, he prays to reject the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint and charge sheet, it appears from the records that the petitioner, who is arrayed as accused No.5 stated to have assisted other accused persons in procuring the country made pistols. - 5 - NC: 2025:KHC-K:2213 CRL.P No. 200514 of 2025 7. Be that as it may, some of the accused in this case have been granted bail by the Trial Court on considering their overt-acts. Having regard to the same, I am of the considered opinion that the petitioner is also entitled for the relief as prayed for. Hence, I proceed to pass the following: ORDER The criminal petition is allowed. The respondent - police are directed to release the petitioner/accused No.5 in the event of his arrest in Crime No.119/2018, registered by Chadachan police station, Vijayapur, for the offences punishable under Section 25(1)(a), 25(1-B)(a), 25(1-B)(C), 29(a) and 29(b) of the Indian Arms Act, which is pending in C.C.No.80/2021, on the file of Additional Civil Judge and JMFC, Indi, subject to the following conditions: a) The petitioner shall not threaten or tamper the prosecution witnesses. - 6 - NC: 2025:KHC-K:2213 CRL.P No. 200514 of 2025 b) The petitioner shall appear before the Trial Court on all hearing dates without fail. c) The petitioner shall not leave the jurisdiction of the Court till disposal of the case. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 23 CT:PK