Karnataka High Court
Srinivasamurthy M V vs State Of Karnataka on 27 September, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:40334
CRL.P No. 9935 of 2024
C/W CRL.P No.9982 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9935 OF 2024
C/W
CRIMINAL PETITION NO. 9982 OF 2024
IN CRL.P NO. 9935/2024:
BETWEEN:
SRINIVASAMURTHY M.V
S/O VENOGUPAL
AGED ABOIUT 39 YEARS
R/AT NO. 26, KARANJI RAOD
ARADHANA BUILDING
MALUR TLAUK, KOLAR - 563 130.
...PETITIONER
(BY SRI ANAND R.V, ADV.)
AND:
STATE OF KARNATAKA
Digitally BY HOSAKOTE POLICE STATION
signed by BENGAURU RURAL DSITRICT
NANDINI MS PIN - 560 067, REP BY STATE PUBLIC
Location: PROSECUTOR, ATTACHED HIGH COURT
High Court of BUILDINGS, BENGALURU - 560 001.
Karnataka
...RESPONDENT
(BY SRI CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.282/2024
(HOSKOTE P.S) BENGALURU RURAL DISTRICT)ON THE FILE OF
PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT AT HOSKOTE, FOR
THE OFFENCE P/U/S 288,105,125 OF BNS AND SEC.3,4,5 OF
EXPLOSIVE SUBSTANCES ACT AND SEC.9(B) OF INDIAN EXPLOSIVE
ACT AND SEC.25(1)(A) OF ARMS ACT.
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NC: 2024:KHC:40334
CRL.P No. 9935 of 2024
C/W CRL.P No.9982 of 2024
IN CRL.P NO. 9982/2024:
BETWEEN:
1. NAGARAJU
S/O LATE SEETHAPPA
AGED ABOUT 45 YEARS
R/AT YELACHAMANAHALLI
VILLAGE, JADIGENAHALLI HOBLI
HOSAKOTE TALUK PINCODE - 562 114.
2. NARAYANASWAMY
S/O THIMMAIAH
AGED ABOUT 52 YEARS
R/AT DOMMALURU VILLAGE
LAKKUR HOBLI, MALUR TALUK
KOLAR DISTRICT PIN CODE - 563 101.
...PETITIONERS
(BY SRI DAYANANDA B.V, ADV.)
AND:
THE STATE BY HOSKOTE POLICE STATION
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
...RESPONDENT
(BY SRI CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C (U/S 483 BNSS)
PRAYING TO GRANT/ENLARGE THEM ON BAIL IN CRIME/FIR
NO.282/2024, FOR THE OFFENCES P/U/S 288,105,125 OF BNS,
SEC.3,4,5 OF THE EXPLOSIVE SUBSTANCES ACT, 1908, SEC.9(B) OF
INDIAN EXPLOSIVE ACT, U/S 25(1A) OF ARMS ACT, AND THE
PETITIONERS ARE SHOWN AS A2 AND A3 IN THE REMAND
APPLICATION AND THE SAME CASE IN NOW PENDING ON THE FILE
OF PRINCIPAL CIVILJUDGE (JR.DN) AND JMFC COURT, AT
HOSAKOTE, BENGALURU RURAL DISTRICT.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:40334
CRL.P No. 9935 of 2024
C/W CRL.P No.9982 of 2024
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused Nos.2, 3 and 6 in Crime No.282/2024 registered by Hosakote Police Station, Bengaluru, for the offences punishable under Sections 288, 105 and 125 of BNS, 2023, Sections 3, 4 and 5 of the Explosive Substances Act, 1908 and Section 9B of the Explosive Act, 1884, are before this Court under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.282/2024 was registered by Hosakote Police Station, Bengaluru, for the aforesaid offences against Pavan and others on the basis of the first information dated 30.08.2024 received from Nagesh, father of accused No.1 - Pavan, who had died in the incident that had taken place on 30.08.2024. During the course of investigation of the case, accused Nos.2 and 3 were arrested on 01.09.2024 and accused No.6 was arrested on 06.09.2024. They were produced before the jurisdictional Court and remanded to judicial custody. Bail application filed by them before the jurisdictional Sessions Court in Crl.Misc.No.2031/2024 and Crl.Misc.No.2065/2024 -4- NC: 2024:KHC:40334 CRL.P No. 9935 of 2024 C/W CRL.P No.9982 of 2024 were rejected on 20.09.2024. Therefore, they are before this Court.
4. Learned counsel for the petitioners submits that petitioners have been arraigned as accused on the allegation that they supplied explosive material to deceased Pavan, who used to prepare crude bombs by using the explosive material and hunt wild boars. They submit that petitioners do not have any criminal antecedents. Major portion of the investigation in the case is complete and charge sheet has been filed. Father of accused No.6 is a licensed dealer for explosive materials. They, accordingly, pray to allow the petitions.
5. Per contra, learned HCGP has opposed the petitions on the ground that investigation in the case is still under progress.
6. In the first information dated 30.08.2024 submitted by father of deceased Pavan, it is stated that Pavan, who was a student was preparing crude bombs in their house and using the same for hunting the wild boars. It is stated that the meat of the wild boars was being used by the inmates of the house of the first informant and the remaining meat was being sold to the public by Pavan. First informant has stated that inspite of -5- NC: 2024:KHC:40334 CRL.P No. 9935 of 2024 C/W CRL.P No.9982 of 2024 he advising his son, he had continued to indulge in this activity. On 30.08.2024 at about 09.30 a.m. when the first informant was in his house Pavan was preparing crude bomb and the bomb had suddenly exploded and Pavan, who had sustained grievous injuries in the incident had died at the spot. First informant also had suffered injuries and he was admitted to Hospital. Based on his statement recorded in hospital, FIR was initially registered against the deceased Pavan and others. During the course of investigation, petitioners herein were arrested. The allegation against them is that they had supplied the explosive materials to Pavan from the shop of accused No.6. Undisputedly, father of accused No.6 is a licensed dealer in explosive materials. It is not the case of the prosecution that accused persons used to participate along with deceased Pavan for preparing crude bombs. The only allegation against them is that they were supplying explosives material to Pavan. Considering the nature of allegations found as against the petitioners, who do not have any criminal antecedents and also having regard to the facts and circumstances of the case, I am of the opinion that petitioners have made out a case for grant of regular bail. Accordingly, the following order:- -6-
NC: 2024:KHC:40334 CRL.P No. 9935 of 2024 C/W CRL.P No.9982 of 2024
7. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.282/2024 registered by Hosakote Police Station, Bengaluru, for the offences punishable under Sections 288, 105 and 125 of BNS, 2023, Sections 3, 4 and 5 of the Explosive Substances Act, 1908 and Section 9B of the Explosive Act, 1884, subject to the following conditions:
a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;-7-
NC: 2024:KHC:40334 CRL.P No. 9935 of 2024 C/W CRL.P No.9982 of 2024
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
SD/-
(S VISHWAJITH SHETTY) JUDGE DN