Karnataka High Court
Si.Richard Rodrigues vs The State Of Karnataka on 7 March, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:9803
CRL.P No. 2339 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 2339 OF 2025
BETWEEN:
SRI. RICHARD RODRIGUES
S/O LATE BENEDICT RODRIGUES
AGED ABOUT 65 YEARS
SENIOR CITIZEN BENEFIT NOT CLAIMED
RESIDINNG AT D NO 1-76-4, NEELAVARA
BRAHMAVARA TALUK, UDUPI - 576 213.
...PETITIONER
(BY SRI ASHOK HARANAHALLI, SR. ADV., FOR
SRI AMRUTHESH C, ADV.)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY SHO
BRHAMAVARA POLICE STATION
UDUPI DISTRICT 574106
REP BY THE STATE PUBLIC PROSECUTOR
Digitally HIGH COURT OF KARNATAKA
signed by
NANDINI MS DR B R AMBEDKAR VEEDHI
Location: BENGALURU - 560 001.
High Court ...RESPONDENT
of Karnataka
(BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS)
PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT
OF ARREST BY THE RESPONDENT BRAHMAVARA P.S.UDUPI
DISTRICT IN CONNECTION WITH CR.NO.285/2024 REGISTERED FOR
THE OFFENCE P/U/S 288 OF BNS 2023 R/W SEC.3,5,6 OF
EXPLOSIVE SUBSTANCES ACT 1908 AND SEC.9B OF THE
EXPLOSIVES ACT BY THE RESPONDENT POLICE PENDING ON THE
FILE OF ADDL.CIVIL JUDGE AND J.M.F.C AT UDUPI.
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NC: 2025:KHC:9803
CRL.P No. 2339 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 in Crime No.285/2024 registered by Brahmavar Police Station, Udupi District for the offence punishable under Section 288 of BNS, 2023 and Sections 3, 5 & 6 of the Explosive Substances Act, 1908 and Section 9B of the Explosive Act, 1884 is before this Court under Section 482 of BNS, 2023 seeking anticipatory bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.285/2024 was registered by Brahmavar Police Station, Udupi District for the aforesaid offences against the petitioner herein and three others based on the first information dated 13.12.2024 received from Sri Ashok Malabagi, Police officer attached to Brahmavar Police Station. Apprehending arrest in the said case, the petitioner who was arraigned as accused No.1 in the FIR had filed Crl.Misc.No.23/2025 before the -3- NC: 2025:KHC:9803 CRL.P No. 2339 of 2025 jurisdictional Sessions Court, which was rejected on 05.02.2025. Therefore, he is before this Court.
4. Learned Senior Counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that the alleged explosion was not with any malicious intention. Therefore, offence punishable under section 3 and 4 of the Explosive Substances Act, 1908 cannot be invoked in the present case. The petitioner has no criminal antecedents and he is ready to cooperate with the Investigation Officer for the purpose of investigation. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP has opposed the bail petition.
6. This Court while granting regular bail to accused No.5 in Crl.P.No.1193/2025 has observed that for attracting the alleged offences punishable under Sections 3 & 4 of the Explosive Substances Act, 1908, the basic requirements are that the accused persons should have caused an explosion unlawfully and maliciously. From the -4- NC: 2025:KHC:9803 CRL.P No. 2339 of 2025 averments made in the first information it cannot be said that the act committed by accused persons was with any malice. It is under these circumstances, accused No.5 has been granted regular bail by this Court. The coordinate bench of this Court has granted regular bail to some of the other accused persons in Crl.P.No.1164/2025.
7. Undisputedly, the petitioner has no other criminal antecedents and he has undertaken to cooperate with the Investigation Officer for the purpose of investigation. Considering the aforesaid aspects of the matter and having regard to the nature of allegation found in the first information, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively.
8. Accordingly, the following:
ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in -5- NC: 2025:KHC:9803 CRL.P No. 2339 of 2025 the event of his arrest in Crime No.285/2024 registered by Brahmavar Police Station, Udupi District for the offence punishable under Section 288 of BNS, 2023 and Sections 3, 5 & 6 of the Explosive Substances Act, 1908 and Section 9B of the Explosive Act, 1884 subject to the following conditions:
1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioner shall not involve in similar offences in future;
Sd/-
(S VISHWAJITH SHETTY) JUDGE NMS