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THE EVENT OF HIS ARREST IN CRIME NO.56/2026 DATED 15.07.2026 REGISTERED BY THE RESPONDENT-CAMP POLICE STATION, BELAGAVI, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 109, 126(2), 118(1), 352, 351(2), 351(3), 189(2), 191(2), 191(3) READ, WITH SECTION 190 OF THE BHARATIYA NYAYA SANHITA, 2023 AND SEC 25(1-A) OF THE ARMS ACT 1959 PENDING BEFORE 5TH ADDL. CIVIL JUDGE AND JMFC COURT, BELAGAVI.THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER

This petition is filed by the petitioner/accused No.1 seeking anticipatory bail under Section 482 of BNSS (U/s.438 of Cr.P.C.) in connection with Crime No.56/2026 of Camp Police Station, Belagavi, registered for the offences punishable under Sections 109, 126(2), 118(1), 352, 351(2), 351(3), 189(2), 191(2), 191(3) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-A) of the Arms Act, pending on the file of learned V Addl. Civil Judge and JMFC Court, Belagavi.

The brief facts of the prosecution case in nutshell is as follows:

On 14.07.2026 night at 08.30 p.m., the complainant was working at Union Gymkhana Club, Belagavi. At that time, some unknown persons came to the club and asked for the petitioner herein. Therefeafter, five persons entered the Gymkhana hall and compared the face of the complainant with the photo in the mobile. Thereafter, they have abused the complainant in Marathi language. One of them assaulted the complainant with pistol at his head. When those persons try to assault him he managed to escape. In an effort to escape from the place, the petitioner has filed a bullet at him from his revolver and he has escaped from the said bullet. Hence, the defacto complainant lodged the complaint. Apprehending arrest at the hands of the respondent-police, the petitioner/accused has filed this petition seeking anticipatory bail.

Heard Sri Jagadish Patil, learned counsel appearing for the petitioner and Sri Dayanand Sangreshi, learned HCGP appearing for the respondent-State.

The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in the case. It is further submitted that no incriminating material has been recovered from the petitioner and that the de facto complainant has not sustained any injury. The petitioner is ready and willing to abide by any conditions that may be imposed by this Hon’ble Court. It is also contended that the ingredients necessary to constitute an offence under Section 109 of BNS (section 307 of IPC) are not made out in the present case. Hence, the learned counsel for the petitioner prays that this Hon’ble Court may be pleased to grant anticipatory bail to the petitioner.

Per contra, learned HCGP appearing for the respondent/State contended that the petitioner has criminal antecedents and several cases have been registered against him and he is a rowdy sheeter. If the petitioner is enlarged on bail, he may tamper the prosecution witness. Hence, learned HCGP prayed to dismiss the petition.

The perusal of the material available on record clearly demonstrated that, the petitioner has not sustained any injury. The only allegation against the petitioner is that he fired towards the defacto complainant. However, his car got damaged. The alleged offences are not punishable with death or imprisonment for life.

It is well established principles of law that while granting bail, the Court has to consider the nature of the offence, circum