MANGALURU: Dakshina Kannada Principal District and Sessions Court on Wednesday adjourned the further hearing on the anticipatory bail application of activist Mahesh Shetty Thimarodi to October 4. The public prosecutor filed objections against the bail application in the morning session and later, the case was called at 3 pm. Thimarodi’s counsel Dinesh Hegde Ulepady requested the court to grant anticipatory bail on the grounds that the case was filed without any prima facie evidence under the provisions of the Arms Act.
Thimarodi’s legal counsel argued that the complaint does not mention the complete details of the seized items and the two seized talwars (swords) require proper details such as condition and width. Thimarodi’s counsel also argued that the condition of the gun seized has not been specified, and the design and description of any arm are essential to decide whether they fall under the category of exemption under the Act and argued that certain arms are exempted from obtaining permission under law.
“The police cannot register a case under the Arms Act without proper description of the arms. Moreover, the Act does not contemplate filing of cases if the arms are in a distrusted/defective status. The punishment prescribed for the alleged offence is two to seven years, hence Mahesh Shetty is entitled to bail,” argued his counsel.
The Special Investigation Team probing the Dharmasthala case had lodged a complaint against Thimarodi and upon searches at his house, swords and a gun was found and the Belthangady police registered a case under sections of the Arms Act. Despite the issuance of notices, Thimarodi failed to appear before the police. Meanwhile, Thimarodi had filed the bail application in anticipation of his arrest in the case.