MALLIKARJUN BHEEMAPPA HUBLI, SRI GADDEKAL VEERAREDDY Vs. STATE OF KARNATAKA BY SHO REP BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) PETITIONERS who are arrayed as Accused Nos. 5 and 8 in S.C. No. 131/2013 pending on the file of Fast Track Court -13, Bangalore city registered for the offences under Sections 307, 201, 212, 120(B) of IPC r/w Sections 3, 5 and 27 of the Indian Arms Act, 1959 are before this court seeking for grant of regular bail. It is the case of the prosecution that these two petitioners along with five other accused have attempted to commit murder of CW -1 with fire arms in connection with business transaction dealing in real estate and further they were found in possession of illegal fire arms and ammunitions which they had secured from accused No. 3 in the case.

(2.) LEARNED counsel for the petitioners submitted the allegations insofar as these two petitioners who are now arrayed as Accused 5 and 8 in this case is that they had received fire arms and ammunitions from Accused No. 3 and no other overt act is attributed to them. Having regard to the overt act that has been attributed to them since the allegation is that they had received the fire arm and ammunitions from accused No. 3, the offence that could be made out against them is only under Section 212 of IPC and under Sections 3, 5 r/w 27 of Indian Arms Act, 1959. Learned counsel submits that the said offences are not punishable with extreme penalties. They are in custody since 1.11.2012. Learned counsel further submits that accused No. 4 in this very case has been granted bail by this court in Crl. P. No. 2494/2013 and as the case of these two petitioners stand in the same shoes as that of accused No. 4, they be granted the reliefs as sought for by them.