This petition is filed by accused No.5 under

section 439 of The Code of Criminal Procedure,

1973 (hereinafter referred to as the 8Cr.P.C.9, for

brevity) seeking bail in Crime No.40/2022 of

Shiggaon Police Station registered for the offences

punishable under Sections 212, 307, 504, 506 of

the Indian Penal Code (hereinafter referred to as

8IPC9, for brevity) and Sections 25(1a), 27(1) and

29 of Arms Act, 1959.

2.

The case of the prosecution is that, one

Veerabasappa @ Mutappa has filed the complaint

stating that on 19.04.2022 at about 9.30 p.m., he

- 3 -

along

with

his

friends

Nijaguna,

Vasantkumar(injured), Basavaraj and Praveen had

been to Rajashree Theater to watch KGF-2 movie.

At about 10.00 p.m., watching movie, his friend

Basavaraj laid his leg on the front seat which was

vacant. At that time, a person entered the theater

and asked Basavaraj to remove the leg. The

injured-Vasantkumar told that person that if he

wants to sit in that seat he will make him to

remove the leg from the seat, for that the said

person started quarrel with injured and warned

that when he comes outside the theater he will

take away his life and went from the place. Again

that person came inside the theater with another

person and asked Vasantkumar to come outside.

The injured-Vasantkumar raised from seat, he fired

with pistol and another person holding mobile

torch.

Those

persons

abused

him

in

filthy

language and uttering to die and left from the

- 4 -

place. Thereafter, the injured3Vasantkumar was

taken to Shiggaon Government Hospital. The said

complaint

came

to

be

registered

in

Crime

No.40/2022 of Shiggaon Police Station for the

offences punishable under Sections 307, 504, 506

read with Section 34 of IPC and Section 25 of Arms

Act, 1959. The Police after the investigation filed

charge sheet for the offences punishable under

Sections 212, 307, 504, 506 of IPC and Sections

25(1a), 27(1) and 29 of Arms Act, 1959. The

petitioner/accused No.5 came to be arrested on

29.05.2022 and he is in judicial custody. The

petitioner

filed

Criminal

Miscellaneous

No.581/2022 seeking bail and the same came to be

rejected by the Principal District and Sessions

Judge,

Haveri

by

order

dated

16.08.2022.

Therefore, petitioner/accused No.5 is before this

Court seeking bail.

- 5 -

3.

Heard the arguments of learned counsel

appearing for the petitioner and learned High Court

Government Pleader for the respondent-State.

4.

It would be the contention of learned

counsel for the petitioner that only accusation

against this petitioner/accused No.5 is that he

along with accused Nos.3 and 4 sold country made

pistol to accused No.1 for Rs.30,000/- along with

cartridge. It is his further submission that there is

no recovery from this petitioner/accused No.5 to

show that he is doing business in arms. As the

charge sheet is filed, the petitioner is not required

for custodial interrogation. With this, he prayed to

allow the petition.

5.

Per

contra,

learned

High

Court

Government

Pleader

would

contend

that

the

voluntary

statement

of

this

petitioner/accused

- 6 -

No.5 itself shows that he along with accused Nos.3

and

4

sold

country

made

pistol

along

with

cartridge to accused No.1 for Rs.30,000/- and

received Rs.8,000/- cash and remaining balance of

Rs.22,000/- through phone-pay of accused No.3.

It is his further submission that the test report

revealed that the pistol is recovered from accused

No.1 is firearms and this is a country made pistol

and empty cartidges are fired from that pistol.

The injured sustained grievous injuries. The Bank

accounts of accused Nos.1 and 3 revealed that

accused No.1 has made payment of Rs.22,000/- on

24.02.2022 through phone pay. The petitioner is

the resident of Bihar, if he is granted bail there

are chances of selling again country made pistols

to other criminals and he may flee from justice and

not available for trial. The charge sheet material

shows prima facie case against the petitioner for

the alleged offences. The offence alleged