Actor KRK granted bail in Mumbai firing case

Mumbai: The Andheri railway court on Friday granted actor Kamaal R Khan cash bail of Rs 25,000 in a firing case in which Oshiwara police arrested him last week. Lodged in Arthur Road Jail, Khan is set to be released on Saturday.

Actor's lawyer Sana Raees Khan argued in court that the arrest was illegal, arbitrary and contrary to law as a mandatory notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, was never served on the applicant before the arrest.

She also argued that the applicant was never informed of the specific grounds of arrest, either orally or in writing. She further argued that no ballistic report or forensic opinion was on record connecting the alleged recovered bullet to the applicant's licensed firearm, and that the applicant's licensed firearm was already seized, eliminating any apprehension of misuse.

She argued that no motive was alleged or established against the applicant as there was no allegation that the applicant aimed at the building or informant. She said the allegation was an afterthought of a hearsay witness whose name was not mentioned in the remand report, and who claimed to have heard the firing from the applicant's building, which she said proved the absurdity and falsity of the malicious allegation.

Khan argued that the applicant holds a valid licence for the firearm in question, the effective range of which is approximately 20 metres, whereas the distance between the balcony of the complainant and the residence of the applicant is in excess of 1,500 metres, making the alleged act physically and practically impossible.

Khan vehemently submitted that the allegation that some cartridges were missing from his gun would be violative of section 30 of the Arms Act which merely imposes fine as BNS does not criminalise the same and mere non-accounting of cartridges would be at the most an administrative breach by the licensing authority and not a criminal office. Also, mere possession of 22 cartridges also would not incriminate him because Arms rules permit a licensed arm holder to buy 200 cartridges in an annual calendar year.

Meanwhile, Oshiwara police were awaiting the ballistic report in the case. Versova police have sent a proposal to the Mumbai police commissioner office for cancellation of KRK's weapon licence.