Karnataka High Court
S Muniraju vs The State Of Karnataka on 1 October, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:40945
CRL.P No. 10248 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 10248 OF 2024
BETWEEN:
S. MUNIRAJU
AGED 39 YEARS
S/O SHAMANNA
R/AT NO.152
THOMAHALLI
BYRANAHALLI
KOLAR TALUK
KOLAR DISTRICT - 563 130.
...PETITIONER
(BY SRI RAGHAVENDRA B.M, ADV.)
AND:
THE STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER
HOSAKOTE POLICE STATION
BENGALURU RURAL DISTRICT - 560 013
Digitally REP BY STATE PUBLIC PROSECUTOR
signed by
NANDINI MS HIGH COURT OF KARNATAKA
Location: High AT BENGALURU - 560 003.
Court of
Karnataka ...RESPONDENT
(BY SRI CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C (U/S 483 BNSS)
PRAYING TO ALLOW THE PETITION AND BE PLEASED TO ENLARGE
THE PETITIONER ON BAIL IN CR.NO.282/2024, FOR THE OFFENCE
U/S 288,105,125 OF BNS, 2023, U/S. 3,4,5,9(B) OF EXPLOSIVE ACT,
1884, PENDING BEFORE PRL. CIVIL JUDGE (JR.DN) AND JMFC
COURT, HOSAKOTE, BANGLAORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:40945
CRL.P No. 10248 of 2024
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.4 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, is 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, Petitioner was arrested on 04.09.2024 and remanded to judicial custody. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.2063/2024 was rejected on 20.09.2024. Therefore, he is before this Court. -3-
NC: 2024:KHC:40945 CRL.P No. 10248 of 2024
4. Learned counsel for the petitioner submits that petitioner has been arraigned as accused on the allegation that he supplied explosive material to deceased Pavan, who used to prepare crude bombs by using the explosive material and hunt wild boars. He submits that petitioner does not have any criminal antecedents. Major portion of the investigation in the case is complete. Accused nos.2,3 and 6 have been granted regular bail by this Court in Crl.P. No. 9935/2024 and 9982/2024 disposed off on 27.09.2024. He accordingly, pray to allow the petition.
5. Per contra, learned HCGP has opposed the petition 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 he advising his son, he had continued to indulge in this activity. -4-
NC: 2024:KHC:40945 CRL.P No. 10248 of 2024 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, petitioner was arrested. The allegation against him is that he had supplied the explosive materials to Pavan from the shop of accused No.6. 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 explosive material to Pavan. Accused nos.2, 3 and 6 as against whom similar allegations are found have been granted regular bail by this Court in Crl.P. No. 9935/2024 and Crl.P.No.9982/2024 disposed off on 27.09.2024. Considering the nature of allegations found as against the petitioner, who does not have any criminal antecedents and also having regard to the facts and circumstances of the case, I am of the opinion -5- NC: 2024:KHC:40945 CRL.P No. 10248 of 2024 that petitioner has made out a case for grant of regular bail. Accordingly, the following order:
7. The petition is allowed. The petitioner is 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) Petitioner 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 petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;-6-
NC: 2024:KHC:40945 CRL.P No. 10248 of 2024
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
(S VISHWAJITH SHETTY) JUDGE KK