Karnataka High Court
Sri Marudupandy vs State By The Station House Officer on 9 July, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:26214
CRL.P No. 4401 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 4401 OF 2024 (439)
BETWEEN:
SRI MARUDUPANDY S/O MARIMUTHU
AGED ABOUT 39 YEARS
R/AT. NO.1, NORTH STREET
KULASEKARAPPERI
TIRUVENGADAM
TENKASHI
TAMIL NADU
PINCODE-527 753
...PETITIONER
(BY SRI RANGANATH REDDY R., ADVOCATE)
AND:
Digitally
signed by
SHILPA R 1. STATE BY
TENIHALLI
Location: THE STATION HOUSE OFFICER
HIGH
COURT OF ATTIBELE POLICE STATION
KARNATAKA
BANGALORE RURAL
REPT BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
VIDHANA SOUDHA
AMBEDKAR VEEDI ROAD
BANGALORE-560 001.
PINCODE-562 106
2. INVESTIGATION NOW TRANSFERRED TO
-2-
NC: 2024:KHC:26214
CRL.P No. 4401 of 2024
ASSISTANT COMMISSIONER OF POLICE
CRIMINAL INVESTIGATION DEPARTMENT
REPT BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
VIDHANA SOUDHA,
AMBEDKAR VEEDI ROAD,
BANGALORE-560 001.
...RESPONDENTS
(BY SRI CHANNAPPA ERAPPA, HCGP FOR R1 & R2)
THIS CRL.P IS FILED U/S. 439 CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE CRIME.NO.
417/2023 REGISTERED BY ATTIBELE POLICE STATION,
REGISTERED IN III ADDL. CIVIL JUDGE AND JMFC AT ANEKAL
AS C.C. NO.61/2024 WHICH IS NOW TRANSFERRED TO CID
BANGALORE, FOR THE OFFENCE PUNISHABLE UNDER SECTION
9B, 12 OF EXPLOSIVES ACT, 1884 AND SEC. 286, 338, 36,
304-ii, 37 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused No.7 in Crime No.417/2023 registered by Attibele Police Station, Bengaluru registered in III Addl. Civil judge and JMFC at Anekal for offence punishable under Sections 286, 338, 304-ii, 36 and Section 37 of IPC -3- NC: 2024:KHC:26214 CRL.P No. 4401 of 2024 and Section 9B and 12 of Explosives Act 1884 is before this Court under Section 439 of IPC.
2. Heard learned counsel for both parties.
3. On the complaint by Logeshwarn dated 07.10.2023 Attibele Police Station, Bangaluru registered FIR in Crime No.417/2023 for the aforesaid offences against Ramaswami Reddy and 5 others. During the course of investigation, the petitioner was arrested on 05.12.2023 and remanded to judicial custody. Investigation in the case is completed and the charge sheet has been filed against 5 accused persons. The bail application filed by the petitioner before the jurisdictional Trial Court in Crl.Misc.No.5113/2024 was rejected on 08.04.2024. Therefore, he is before this Court.
4. Learned counsel for the petitioner reiterating the grounds urged in the petition submits that charge sheet is filed only as against 5 persons, who are arrayed as accused Nos.1, 2, 3, 6 and 7 in the charge sheet. Statutory bail has been granted to accused Nos.1, 2, 3 and 6 in the present case. Except the petitioner, all other -4- NC: 2024:KHC:26214 CRL.P No. 4401 of 2024 accused are on bail. The petitioner is the owner/driver of the container lorry, which had supplied the fire crackers to the shop of accused Nos.1, 2, 3 and 6. He submits that the incident in question had taken place after the sparks were found inside the shop of the aforesaid accused persons. He submits that incident in question had taken place accidentally. Accordingly, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader has opposed the petition. He submits that in the incident in question 17 persons have died. However, he does not dispute the fact that accused Nos.1, 2, 3 and 6 have been granted statutory bail in the present case. Accordingly, he prays to dismiss the petition.
6. From a perusal of the averments made in the FIR, it is found that the first informant, his friends and relatives were summoned by accused No.1 Ramaswami Reddy, who is the owner of the fire crackers shop, in the name and style of 'Sri Balaji Traders'. On 07.10.2023, when the first informant, his friends and relatives were -5- NC: 2024:KHC:26214 CRL.P No. 4401 of 2024 working in the shop of Ramaswami Reddy at about 3:30 p.m, the container of fire crackers had arrived. The petitioner allegedly is the owner come driver of the said container lorry. Ramaswami Reddy had asked the first informant and his friends to unload the container and shift the fire cracker boxes into the shop. All of a sudden, the first informant saw fire sparkles inside the shop and people in and around it started running. From the aforesaid statement in the FIR, it is very clear that the fire sparks were found inside the shop of accused No.1 and as a result of the same, fire crackers started bursting and in that incident 17 people have died. It is not in dispute that the accused Nos.1, 2, 3 and 6 have been granted statutory bail in the present case and the prosecution has not challenged the same. The allegation against the petitioner is that he has supplied the fire crackers to the shop of accused Nos.1, 2, 3 and 6 without taking proper care and precaution. Be that as it may, the petitioner, who has no other criminal antecedents is in custody from 05.12.2023. Investigation in the case is completed and the charge -6- NC: 2024:KHC:26214 CRL.P No. 4401 of 2024 sheet has been filed. Considering the nature of allegations against the petitioner, I am of the considered opinion that prayer made by him is required to be answered affirmatively. Accordingly, the following order:
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail, arising out of Crime No.417/2023 registered by Attibele Police Station, Bengaluru registered in the Court of III Addl. Civil judge and JMFC at Anekal offence punishable under Sections 286, 338, 304-ii, 36 and Section 37 of IPC and Section 9B and 12 of Explosives Act 1884, subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of `2,00,000/- with two sureties for the likesum, out of which one has to be local surety, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless -7- NC: 2024:KHC:26214 CRL.P No. 4401 of 2024 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;
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/-
JUDGE NJ List No.: 19 Sl No.: 16