(Prayer: This Criminal Petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to that the petition may be allowed and the petitioner/ Accused No.5 may please be released on Regular Bail, In C.C.No.1556/2025 (Athani P.S.Crime No.335/2025), pending before Principal Civil Judge and JMFC Court, Athani, for the offences punishable under Sections 309(5) of Bharatiya Nyaya Sanhita, 2023 and 25(1a), 25(1b) and 27(2) of ARMS Act, 1959, in the interest of justice.)

Oral Order

1. Heard the arguments of Sri Iranagouda K. Kabbur, learned counsel for petitioner and Sri Abhishek Malipatil, learned counsel for respondent State and perused the material placed before the Court.

2. This petition is filed by the petitioner/accused No.5 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner/accused on bail in C.C.No.1556/2025 (Athani P.S.Crime No.335/2025), pending before Principal Civil Judge and JMFC Court, Athani, for the offences punishable under section 309(5) of Bharatiya Nyaya Sanhita, 2023 and 25(1A), 25(1B) and 27(2) of arms act, 1959, by allowing this criminal petition.

3. It is the brief case of prosecution as per the complaint averments, FIR and charge sheet material that accused Nos.1 and 2 with the help of other accused persons have tried to commit the offence of robbery in the jewelry shop of the complainant pointing pistol to the complainant. But upon hearing the screaming of the complainant, the other persons gathered. Therefore, the accused ran away from the spot. Therefore, with these allegations a complaint was lodged, crime was registered and the offences were foisted against the accused persons as stated above.

4. Learned counsel for petitioner/accused No.5 submitted that there is no allegation against the petitioner/accused No.5 that he has played main role for committing the offence of robbery. The offence is foisted mainly against accused Nos.1 to 3. The allegation against accused No.5/petitioner is that he has given pistol to accused No.3. Therefore, considering the allegations and the petitioner is in custody since 04.09.2025, prays to enlarge the petitioner/accused No.5 on bail, by imposing conditions.

5. The learned HCGP has vehemently objected for grant of bail to the petitioner and prays to reject the bail petition.

6. Upon perusal of the charge sheet materials it is seen that it was decided by accused Nos.1 to 3 to commit the offence of robbery and told accused No.5/petitioner to bring one pistol. The allegation against the petitioner is that he has purchased the pistol from accused No.6. As per the prosecution case, accused Nos.1 and 2 have trespassed into the shop of the complainant for committing the offence of robbery. The allegation against accused No.5 is that he has supplied pistol to accused Nos.1 to 3. The petitioner is in custody since 04.09.2025. Though the petitioner is resident of Maharashtra State, but by imposing stringent conditions and without expressing any opinion on merits of the case and considering the fact that the petitioner is in custody for nearly about 08 months, the petitioner is entitled to be enlarged on bail by allowing this petition. Hence, I proceed to pass the following:

ORDER

          i) The petition is allowed.

          ii) The petitioner/accused No.5 is ordered to be enlarged on bail in C.C.No.1556/2025 (Athani P.S.Crime No.335/2025), pending before Principal Civil Judge and JMFC Court, Athani, registered for the offences punishable under section 309(5) of Bharatiya Nyaya Sanhita, 2023 and 25(1A), 25(1B) and 27(2) of arms act, 1959, by allowing this criminal petition, subject to the following conditions.

          a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- along with two local sureties of Belagavi District, for the like sum each, to the satisfaction of the trial Court.

          b) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court.

          c) The petitioner shall not tamper and threaten the prosecution witnesses in any manner.

          d) The petitioner shall mark his attendance before the concerned police station on every Saturday between 11.00 a.m. to 02.00 p.m. till completion of trial.

          e) The petitioner shall attend the Court regularly during the trial without fail. If not attend for consecutive two times it entails cancellation of bail.

          iii) Violation of any of the conditions imposed would entitle the prosecution to move for cancellation of bail.