MAHESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the arguments of petitioner's counsel and the HCGP for respondent State.

(2.) This bail petition is filed by the accused No.7 under section 439 of Cr.P.C., seeking his release on bail for the alleged of fence punishable under sections 302, 353, 307 read with section 34 of IPC, section 25, 27 of Indian Arms Act, 1959, registered in respondent Police Station Crime No.245/2013. After the investigation, the police have also filed the charge sheet for the of fence punishable under sections 302, 307, 353, 120B, 212, 201, 384, 388 read with section 149 of IPC and under section 3, 25(1b)(c) of Indian Arms Act, 1959 and also under section 3(1)(i) , 3(1) (ii), and 3(2) , 3(4) of the Karnataka Control of Organized Crime Act, 2000 and now the matter is pending before the Special Court, Belagavi.

(3.) The factual matrix of the case is that the complainant is working as a police constable since 13 years at Karwar district police and higher officials appointed him as gunman to the deceased Ramachandra Narayan Naik, aged about 58 years, who was a businessman and residing in K.C.Road Palace, Ankola. The routine of the said R.N.Naik is that, he would leave the house and come back around 1.30 p.m. for lunch and around 4-6 p.m. he would go out from the home. During the said time the complainant used to accompany as a gunman and the department had provided 9 mm pistol and 10 bullets.