Andhra Pradesh High Court grants bail to man arrested after posing for photographs with 'toy' air pistol in cinema theater

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The Andhra Pradesh High Court on Tuesday granted bail to a 33-year-old man who was arrested after carrying a 'toy' air pistol to a cinema theater and posing for photographs as a hero along with the gun.

Allegedly, when the man was giving said poses, the same was captured by the media persons and the same was telecasted. When the police came to know about the same through the live telecast, they visited the cinema theatre and arrested the man along with the air gun.

Thereafter a case under Sections 290, 506 (2) read with section 34 of the Indian Penal Code and under Section 25 of the Arms Act, 1959, was registered against the man and one other in the above crime.

The man had told the police that his brother-in-law, the co-accused, had purchased the said air gun online for the purpose of playing with his children and he brought it from his house to the cinema theater. 

Granting relief to the two men, the bench of Justice Cheekati Manavendranath Roy noted that the present bail applicant and the other co-accused in the case were arrested on March 25 and 26 respectively and are in judicial custody since then. 

Court also pointing out that the offences punishable under Sections 290, 506(2) IPC are bailable in nature.

Further, regarding the crime under the Arms Act, Court held,

"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."

Resultantly, the Criminal Petitions was allowed and the man was ordered to be released on bail on execution of self bond for Rs.25,000 each with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class.

Case Title: Criminal Petition No .2550 of 2022