Karnataka High Court
Mahantgouda S/O Adiveppagouda vs The State Of Karnataka on 17 February, 2020
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.200081/2020
AND
CRIMINAL PETITION NO.200082/2020
CRIMINAL PETITION NO.200081/2020
Between:
Mahantgouda S/o. Adiveppagouda,
Age: 33 years, Occ: Business,
R/o. Bannatti Village,
Tq: Sindagi, Dist. Vijayapura -586 101.
.. Petitioner
(By Sri. Avinash A. Uplaonkar, Advocate)
And:
The State of Karnataka
R/by Addl. SPP
High Court of Karnataka,
Kalaburagi Bench 585107.
(Through Farahatabad P.S.,
Dist: Kalaburgi - 585 101).
... Respondent
(By Sri. Mallikarjun Sahukar, High Court
Government Pleader)
***
This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to direct the respondent Police to release
Crl.P.No.200081/2020
& Crl.P.No.200082/2020
2
the accused/petitioner on bail in Farahatabad Police
Station Crime No.156/2019 in the event of his arrest for
the offences punishable under Sections 3, 4, 5 and 6 of the
Explosive Substances Act, 1908, pending on the file of the
II Additional Civil Judge and JMFC at Kalaburagi, in the
interest of justice and equity.
CRIMINAL PETITION NO.200082/2020
Between:
1. Sanganna S/o. Adiveppagouda Biradar,
Age: 24 years, occ: Driver
2. Mahesh S/o. Goudappagouda Harnal,
Age: 27 years, Occ: Agriculture,
(Accused No.1 and 2)
Both are R/o. Bannatti village,
Tq: Sindhagi, Dist: Vijayapura . 586101.
.. Petitioners
(By Sri. Shivanand V. Pattanashetti, Advocate)
And:
The State of Karnataka,
R/by Addl. SPP
High Court of Karnataka,
Kalaburagi Bench 585 107.
(Through Farahatabad P.S.,
Dist: Kalaburgi - 585 101.
... Respondent
(By Sri. Mallikarjun Sahukar, High Court Government
Pleader)
***
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to grant the regular bail to the
Crl.P.No.200081/2020
& Crl.P.No.200082/2020
3
petitioners/accused No.1 and 2 in Farahatabad P.S. Crime
No.156/2019 for the offences punishable under Sections 3,
4, 5 and 6 of the Explosive Substances Act, 1908, pending
on the file of the II Additional Civil Judge and JMFC at
Kalaburagi, in the interest of justice and equity.
These Criminal Petitions coming on for Orders, this
day, the Court made the following:
ORDER
Criminal Petition No.200081/2020 is filed under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as the "Cr.P.C.") by accused No.3, whereas Criminal Petition No.200082/2020 is filed by accused Nos.1 and 2 under Section 439 of Cr.P.C., both with respect to Crime No.156/2019 of Respondent - Farahatabad Police Station for the offences punishable under Sections 3, 4, 5 and 6 of the Explosive Substances Act, 1908 (hereinafter for brevity referred to as the "Act").
2. The summary of the case of the prosecution is that on 24-12-2019, while the complainant who is Crl.P.No.200081/2020 & Crl.P.No.200082/2020 4 the Police Inspector of respondent - Farahatabad Police Station was on night rounds, he received a credible information about a Bolero pickup vehicle carrying Nitrite mixture without any permit or licence. Immediately, he secured two panchas and joined by his staff and panchas, at about 01:00 am, on the same day, he, led by his team members went near Farahatabad Bus stand and waiting for the informed vehicle to come. They noticed a white colour Bolero vehicle coming from Jewargi side and despite giving stop signal, the driver of the said vehicle did not stop the vehicle and drew the same towards Kalaburagi side. Getting suspicious, the Police and his raiding team also chased him in their Departmental jeep. They could able to intercept and stop the said Bolero vehicle at 01:15 hours near Central Prison of Kalaburagi. There were two inmates in the said vehicle including the driver, who were identified as (1) Crl.P.No.200081/2020 & Crl.P.No.200082/2020 5 Sanganna S/o. Adiveppagouda Biradar and (2) Mahesh S/o. Goudappagouda Harnal (petitioners in Criminal Petition No.200082/2020). On enquiry, they also revealed the name of owner of the vehicle as Mahantgouda, S/o. Adiveppagouda (petitioner in Criminal petition No.200081/2020). When the vehicle was inspected, the raiding team noticed that the said vehicle was a Bolero pickup goods vehicle bearing Registration No.KA-28/C-6352, carrying explosives in the form of nitrite mixture (blasting) in 44 boxes, each containing nine pieces and one detonating fuse bundle, confirming that they were explosives by their description mentioned on the boxes. The raiding team also ascertained from the driver and the other inmate of the vehicle that they did not possess any permit or licence to transport them. On enquiry, the inmates of the vehicle also revealed that as per the instructions of the owner, they were carrying those Crl.P.No.200081/2020 & Crl.P.No.200082/2020 6 explosives to deliver them to one Sri. Ranjith Singh and Sri. Bharat Singh.
The complainant has also stated that, on enquiry, he noticed that, with some mala fide intention, to cause injury to the public health, they were transporting the said explosives. He seized them in the presence of panchas and prepared a seizure panchanama in that regard. After returning to the Police Station along with the goods, he registered a complaint in their Station Crime No.156/2019 against the present petitioners for the offences punishable under Sections 3, 4, 5 and 6 of the Act.
3. Learned counsels for the petitioners in both petitions in their argument submitted that, goods were being transported in accordance with law, duly having necessary licence in that regard. The petitioner in Criminal Petition No.200081/2020 has Crl.P.No.200081/2020 & Crl.P.No.200082/2020 7 also produced a document which is said to be the original licence in Form LE-3 which is shown to be a licence to possess, for use of Nitrate Mixture, Safety Fuse, Detonating Fuse, Ordinary/Electric/Non Electric Detonators, which licence is said to be valid till 31-03-2023, after its alleged renewal in the year 2018. He has also produced the alleged Pass (Form RE-12-Annexure-L1) said to have been issued by the Consignor for Transport of a Consignment of Explosives, in their photocopy versions. The said petitioner has also produced a Certificate shown to be in Form LE-10 which is shown to be a Shot Firer's Certificate issued by the Deputy Chief Controller of Explosives, Mangalore.
Learned counsels for the petitioners also submitted that though the copies of these documents were also shown to the Police when they stopped the vehicle for inspection, but the Police without Crl.P.No.200081/2020 & Crl.P.No.200082/2020 8 appreciating them, have blindly seized the goods along with the vehicle and arrested the accused Nos.1 and 2. With this, they submit that since the alleged transport was in no way violating any of the laws, much less, committing any alleged offences, petitioners deserve their enlargement on bail.
4. Learned High Court Government Pleader who has filed his common statement of objection has stated that the allegation is, carrying the explosives in a large quantity without any proper documentation or licence in that regard, as such, the complainant has rightly seized the goods and the vehicle. Since the offences are very serious in nature, none of the petitioners deserve their enlargement on bail.
However, learned High Court Government Pleader concedes that the alleged licence in Form LE-3 and Certificate in Form LE-10 are genuine Certificates issued by the Departments shown therein. Crl.P.No.200081/2020 & Crl.P.No.200082/2020 9
However, learned High Court Government Pleader did not forget to submit that, still, there is violation of Rules 47 and 50 of the Explosives Rules, 2008 (hereinafter for brevity referred to as the "Rules").
5. The main allegation against the petitioners in these two petitions is, transporting certain quantity of explosives in a motor vehicle in the night, without any licence or permit. However, the contention of the petitioners is that, they had all the valid and authenticated document justifying their alleged transportation of explosives. A perusal of the licence in Form LE-3 and Form LE-10, at this stage, and prima facie would go to show that the petitioner in Criminal Petition No.200081/2020 claims to have been possessing a valid licence for storage of certain quantity of explosives shown in the licence. Crl.P.No.200081/2020 & Crl.P.No.200082/2020 10
Learned High Court Government Pleader submits that the alleged quantity of explosives that was seized in the alleged transportation was falling within the quantity shown in the licence at Form LE-3.
6. However, the said aspect has to be ascertained during the course of investigation and trial follows, if any. At present, for the purpose of present petitions, suffice it to observe that, the petitioners claim to have been in possession of a valid licence and permission which is said to be required for storage and transportation of certain quantity of certain categories of explosives. In that view of the matter, whether the alleged act attracts any of the alleged offences which are Sections 3,4,5 and 6 of the Act, is a question which may have to be looked into by the Investigating Officer, during investigation and subsequently in the trial, if any, follows thereafter. Even according to the prosecution, for the purpose of Crl.P.No.200081/2020 & Crl.P.No.200082/2020 11 investigation, either continuation of the petitioners who are accused Nos.1 and 2 (in Crl. Petition No.200082/2020) in judicial custody or arrest of the petitioner who is accused No.3 (in Crl.Petition No.200081/2020) is required. However, the apprehension of the prosecution about the accused fleeing from justice can be checked by imposing reasonable conditions.
7. In that view of the matter, I am of the view that imposing certain conditions, the accused can be enlarged on bail.
Accordingly, I proceed to pass the following:-
ORDER [I] Both the Criminal Petitions, i.e. Criminal Petition No.200081/2020 and Criminal Petition No.200082/2020 are allowed;Crl.P.No.200081/2020
& Crl.P.No.200082/2020 12
[II] In case the Farahatabad Police apprehends the petitioner, i.e. Mahantgouda S/o. Adiveppagouda, Aged about 33 years, R/o. Bannatti village, Sindagi Taluk, Vijayapura District (in Criminal Petition No.200081/2020), in their Station Crime No.156/2019 for the offences punishable under Section 3, 4, 5, and 6 of the Explosive Substances Act, 1908, he be enlarged on bail, subject to the conditions that:
i) The accused No.3/petitioner shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with two local solvent sureties for the likesum to the satisfaction of the enlarging authority/ Court.
ii) The accused No.3/petitioner shall voluntarily surrender before the Magistrate, within ten days from today.
iii) The accused No.3/petitioner shall appear before the Investigating Officer on every Wednesday between 9.00 a.m. and 1.00 p.m. and mark his attendance till the final report is filed.Crl.P.No.200081/2020 & Crl.P.No.200082/2020 13
iv) The accused No.3/petitioner shall not hamper or tamper the prosecution witnesses and materials in any manner.
v) The accused/petitioner to give in writing about the change in his address, if any, to the Investigating Officer as and when such change occurs and obtain an acknowledgement in that regard.
[III] The petitioners, i.e. (1) Sanganna S/o. Adiveppagouda Biradar, aged about 24 years and (2) Mahesh, S/o. Goudappagouda Harnal, aged about 27 years, both residents of Bannatti village, Sindagi Taluk, Vijayapura District (in Criminal Petition No.200082/2020) be enlarged on bail, in Crime No.156/2019 for the offences punishable under Sections 3, 4, 5, and 6 of the Explosive Substances Act, 1908, subject to the conditions that:
(i) Each of the accused/petitioners shall execute a personal bond for a sum of Crl.P.No.200081/2020 & Crl.P.No.200082/2020 14 `1,00,000/- (Rupees One Lakh Only) with two local solvent sureties for the likesum to the satisfaction of the enlarging Court;
(ii) No single surety can extend his suretyship for more than two accused;
(iii) The accused/petitioners shall not hamper or tamper the prosecution witnesses and materials in any manner;
(iv) The accused/petitioners shall appear on all the dates of hearing before the Trial Court;
(v) The accused/petitioners to give in writing about the change in their address, if any, to the Trial Court as and when such change occurs and obtain an acknowledgement in that regard.
Sd/-
JUDGE BMV*