ACHAPANDA MAHESH GANAPATHY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 438 of Cr.P.C. seeking for his release on bail in the event of his arrest for the offences punishable under Sections 448, 504, 506, 323, 307 read with Section 34 of IPC and Sections 3 & 25 of Indian Arms Act, 1969 in Crime No. 155/2014.

(2.) THE prosecution registered a case against the petitioner in view of the complaint lodged by Sri. N.Raju alleging that on 18.11.2014, when the petitioner along with his associates were removing the unauthorized sand from the river, he lodged a complaint with jurisdictional police. In view of that, on 19.11.2014 at about 10.30 p.m., the petitioner along with his associates came to the house of the complainant, holding the revolver and threatened to kill him and his family members and he fired from the said gun in the house. However, nobody was hurt due to firing.

(3.) ON a petition filed under Section 438 for seeking anticipatory bail, the II Additional Sessions Judge, Virajpet granted anticipatory bail in respect of all other accused persons except the petitioner. The order passed by the court below is contrary to law and the petitioner is also entitled to be released on bail.