Karnataka High Court
Laxaman S/O Ashok Bhairawadagi vs The State Through on 27 August, 2021
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.201160 OF 2021
CONNECTED WITH
CRIMINAL PETITION NO.201163 OF 2021
IN CRL.P. NO.201160/2021
BETWEEN:
LAXAMAN,
S/O. ASHOK BHAIRAWADAGI
AGE: 37 YEARS, OCC: SHOT FIRER &
MANAGER IN M/S. MAHESH TRADERS
R/O. C/O. M/S. MAHESH TRADERS
JYOTI NAGAR, SIDAGI
DIST: VIJAYAPUR-586 128.
... PETITIONER
(BY SRI. NANDKISHORE BOOB, ADVOCATE)
AND:
THE STATE THROUGH
HORTI POLICE STATION
NOW REPRESENTED BY THE
ADDL. SPP, HCKB
AT KALABURAGI.
... RESPONDENT
(BY SRI. MALLIKARJUN SAHUKAR, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CRIMINAL PROCEDURE CODE PRAYING TO RELEASE THE
PETITIOENR ON BAIL, IN CRIME NO.89/2021 OF HORTI POLICE
STATION, VIJAYAPURA, FOR OFFENCES PUNISHABLE UNDER
SECTIONS 4, 5 AND 5(B) OF EXPLOSIVE SUBSTANCES ACT,
1908 AND SECTION 5 OF EXPLOSIVES ACT 1884, PENDING ON
THE FILE OF ADDL. CIVIL JUDGE AND JMFC, INDI.
IN CRL.P. NO.201163/2021
BETWEEN:
KRISHAN @ KISHANGOPAL
S/O. GOPAL @ SOHANLAL MOONDRA
AGE : 58 YEARS, OCC: BUSINESS
R/O. M/S. MAHESH TRADERS
JYOTI NAGAR, SIDAGI
DIST: VIJAYAPUR-586 128.
... PETITIONER
(BY SRI. NANDKISHORE BOOB, ADVOCATE)
AND:
THE STATE THROUGH
HORTI POLICE STATION
NOW REPRESENTED BY THE
ADDL. SPP, HCKB
AT KALABURAGI.
... RESPONDENT
(BY SRI. MALLIKARJUN SAHUKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CRIMINAL PROCEDURE CODE PRAYING TO RELEASE THE
PETITIOENR ON BAIL IN THE EVENT OF HIS ARREST IN CRIME
NO.89/2021 OF HORTI POLICE STATION, VIJAYAPURA, FOR
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OFFENCES PUNISHABLE UNDER SECTIONS 4, 5 AND 5(B) OF
EXPLOSIVE SUBSTANCES ACT, 1908 AND SECTION 5 OF
EXPLOSIVES ACT 1884, PENDING ON THE FILE OF ADDL. CIVIL
JUDGE AND JMFC, INDI.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Criminal Petition No.201160/2021 is filed under Section 439 of Cr.P.C. by Accused No.3.
Criminal Petition No.201163/2021 is filed under Section 438 of Cr.P.C. by Accused No.2.
Both the petitions arise out of Crime No.89/2021 of Horti Police Station, Vijayapura, registered against accused Nos.1 to 3 for offences punishable under Sections 4, 5 and 5(b) of Explosive Substances Act, 1908 and Section 5 of Explosives Act, 1884.
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2. Heard the learned counsel for petitioners and learned High Court Government Pleader for respondent/State.
3. The first informant namely the PSI of Horti Police Station, Vijayapur has lodged a complaint alleging that on 17.07.2021 at about 2.00 p.m., he received a credible information that accused No.1, owner of Sai Stone Crusher, Sonakhalli Village is making preparations to blast the stones illegally for mining activities, without obtaining any license or permit from the Government. Immediately, he along with his staff and panch witnesses went to the spot at about 3.30 p.m., He noticed one Mahadev Chougale - Manager of Sai Stone Crusher, present at the spot, who informed him that as per the instructions of accused No.1, mining activities using explosive substances are being carried.
4. It is the further case of prosecution that the blasting of stones was carried out using blasting machine 5 supplied by M/s. Mahesh Traders, using explosive materials.
5. The learned counsel for petitioners has contended that the petitioners are innocent and they are now falsely implicated. He contends that accused No.2 namely the owner of M/s. Mahesh Traders is having trading license and doing business for the past 25 years. He has obtained necessary license and permit from the authority. He has relied on the agreement between M/s. Mahesh Traders and Sai Stone Crusher as well as the quarry lease license issued by the department and the license issued in respect of M/s. Mahesh Traders. He submits that the petitioners have not violated any conditions of the license and as per terms of license, the petitioners were conducting their business. He submits that the petitioners are ready and willing to cooperate with the investigation and abide by conditions. 6
6. Learned High Court Government Pleader has contended that the petitioners have been illegally carrying on stone blasting in contravention of the rules and regulations. Offences alleged are serious in nature since certain explosive substances have been seized from the spot. He submits that no permit or license was produced when the raiding team went to the spot. Therefore, he contends that there is a prima facie case made out against the petitioners and hence, they are not entitled for the relief they have sought for. Accordingly, seeks to reject the petition.
7. Accused No.2 is the owner of M/s. Mahesh Traders. Accused No.3 is the Manager of the said Firm. According to the learned counsel for petitioners, all necessary permissions were obtained from the competent authority and the activities were being carried on in accordance with law.
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8. According to the prosecution, when they went to the spot, one Mahadev Chougale - Manager of the said Firm was present at the spot and on enquiry, he informed that they have been doing stone blasting and they have no license or permit to carry out the said activity. From the spot, as per mahazar, 92 blasting wires are seized. It is alleged that they were using boosters gilatin and detonator wires for blasting the stones. According to the petitioners, they have the necessary permit and license obtained by the competent authority. The allegations that without obtaining any license or permit, the said activity was being carried on by the accused persons etc., have to be investigated and the same has to be established in due course. Accused No.3 is already arrested and interrogated. Accused No.2 can be directed to appear before the Investigating Officer and cooperate with the investigation. Hence, the following :
ORDER Criminal petitions are allowed.8
Petitioner/Accused No.3 in Crl.P.No.201160/2021 shall be enlarged on bail in Crime No.89/2021 of Horti Police Station, Vijayapur, subject to following conditions :-
i. Petitioner/Accused No.3 shall execute a personal bond in a sum of `2,00,000/-
(Rupees Two Lakhs Only) with two sureties for likesum to the satisfaction of the jurisdictional Court.
ii. He shall not tamper with the prosecution evidence/witnesses either directly or indirectly;
iii. He shall furnish proof of his residential address and shall inform the court, if there is any change in the address; iv. He shall not indulge himself in any criminal activities;
v. He shall be regular in attending the court proceedings.
Petitioner/Accused No.2 in Crl.P.No.201163/2021 shall be released in the event of his arrest in Crime No.89/2021 of 9 Horti Police Station, Vijayapur, subject to following conditions :
i. Petitioner/ Accused No.2 shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond in a sum of `2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum. ii. He shall furnish proof of his residential address and shall inform the Investigating Officer if there is any change in the address. iii. He shall not tamper with the prosecution witnesses either directly or indirectly. iv. He shall make himself available for the purpose of investigation as and when required and he shall cooperate with the investigation.10
v. He shall be regular in attending the court proceedings.
vi. He shall not involve in any criminal activities.
Sd/-
JUDGE snc