Andhra Pradesh High Court Grants Bail To Man Arrested For Carrying "Toy Gun" To Movie Theatre

Justice Cheekati Manavendranath Roy observed that the offenses under section 290 and 506 IPC are bailable offenses and charges under section 25 of Arm act are prima facie not made out because the gun used by the petitioner was a "toy gun".

"The offences punishable under Sections 290, 506(2) IPC are bailable in nature. As regards the offence punishable under Section 25 of the Arms Act, 1959, is concerned, the pistol which was seized from the possession of A-1 is an air gun. It is a toy gun. Therefore, prima facie Section 25 of the Arms Act is not attracted to the facts of the case."

The case before the court was that the petitioner, a 33 year old went to the cinema theater on the date of release of a film along with one air gun and gave stills as a hero along with the gun. The said poses given by him were captured by the TV people and the same was telecasted. After police came to know about the same through the live telecast, they visited the cinema theater and arrested him with his gun. He informed the police that the gun was purchased online by his brother-in-law as a gift for his children. Subsequently, the brother-in-law was also arrested by the police.

Court recorded that the petitioner was arrested in connection with the above crime on 25 March, 2022 and his brother was arrested on 26 March, 2022 in the above crime and since then they have been in judicial custody.

It was observed that offences punishable under Sections 290, 506(2) IPC are bailable in nature. As regards the offence punishable under Section 25 of the Arms Act, 1959, is concerned, the pistol which was seized from the possession of A-1 is an air gun. It is a toy gun. Therefore, prima facie Section 25 of the Arms Act is not attracted to the facts of the case

The Court also observed that 7 witnesses have been examined in this case which proves that there is significant progress in the investigation against him. In view thereof, the court granted him bail on the certain condition.

"Resultantly, both the Criminal Petitions are allowed. The petitioners are ordered to be released on bail on execution of self bond for Rs.25,000/-(Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Pithapuram" Court said.

Case Title: MAROJU VAIKUNTA BALABJI @ BALAJI Versus THE STATE OF ANDHRA PRADESH

Citation: 2022 LiveLaw (AP) 64

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