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Judgment
20 paragraphs · 622 wordsM.G.S. Kamal, J
The petitioner, who is accused No.1 in Crime No.30/2026 registered at Begur Police Station for the offences punishable under Sections 126(2), 329(3), 352, 351(2), 324(5) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1)(A), 5 and 27(1) of the Arms Act, 1959, is before this Court seeking grant of bail.
A complaint has been lodged by one M. Somashekar alleging that he was carrying on the business of stone crushing and that a dispute had arisen between the accused and the complainant with regard to the business affairs of the said Stone-Crushing Unit, in which the accused and the complainant were partners.
It is submitted that civil proceedings are now pending between the parties. It is alleged that, on 06.02.2026 at about 11:00 a.m., while the complainant was present at the Stone-Crushing Unit, accused No.1- petitioner came to the crushing unit and picked up a quarrel with the complainant. When questioned, accused No.1-petitioner allegedly held a gun-like weapon to his own head and threatened to shoot himself if the matter was not settled.
Based on the above allegations, a case was registered in Crime No.30/2026 at Begur Police Station for the aforesaid offences.
Learned counsel for accused No.1-petitioner, drawing the attention of this Court to the order dated 05.02.2026 passed by the Co-ordinate Bench in Civil Misc. Petition No.32/2024, by which the dispute between the complainant and the petitioner herein was referred for resolution through arbitration and conciliation, submits that the present complaint containing the above allegations came to be filed two days after passing of the said order. He further submits that, in any event, the allegation against the petitioner herein is only that he threatened to kill himself. Hence, he seeks grant of bail.
Learned High Court Government Pleader for respondent-State does not dispute that, even according to the averments made in the complaint, accused No.1- petitioner herein and the complainant are business partners and that civil disputes between them are pending consideration. This Court, vide order dated 05.02.2026 passed in Civil Misc.Petition No.32/2024, had appointed an Arbitrator and directed the parties to resolve their disputes through arbitration and conciliation. The present complaint has been filed two days thereafter.
Heard the learned counsel for parties and perused the records.
Perusal of the contents as noted above indicates that the petitioner had threatened to shoot himself if the dispute was not resolved. There is no allegation of any overt act committed against the complainant.
Considering the allegations and the circumstances narrated therein, this Court deems it appropriate to grant bail to accused No.1-petitioner.
Accordingly, I pass the following:
ORDER
(i) Criminal Petition is allowed.
(ii) Accused No.1-petitioner is directed to be enlarged on bail in Crime No.30/2026 for the offences punishable under Sections 126(2), 329(3), 352, 351(2), 324(5) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1)(A), 5 and 27(1) of the Arms Act, 1959, subject to the following conditions:
a) Accused No.1-petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two local sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) Accused No.1-petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) Accused No.1-petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) Accused No.1-petitioner shall not involve in similar offences in future;
e) Accused No.1-petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off;
f) Communicate copy of this order to the trial Court and concerned prison authorities forthwith.
