R. Babu vs State By Mandya Rural Police on 23 June, 2020

[Cites 6, Cited by 0]

Karnataka High Court

R. Babu vs State By Mandya Rural Police on 23 June, 2020

Equivalent citations: AIRONLINE 2020 KAR 1212

Bench: P.S. Dinesh Kumar

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 23RD DAY OF JUNE, 2020

                         BEFORE

    THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

           CRIMINAL PETITION No.2277 OF 2020

BETWEEN :

R. BABU
S/O RAJASHEKAR
AGED ABOUT 51 YEARS
RESIDING AT C/O BSR ENTERPRISES
NO.230, 1ST BLOCK
KAVERI EXTENSION
KUSHALANAGAR
KODAGU DISTRICT
PIN CODE NO.571 234                         ... PETITIONER

(BY SHRI. C.N. RAJU, ADVOCATE)
(THROUGH VIDEO CONFERENCE)


AND :
STATE BY MANDYA RURAL POLICE
MANDYA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE
PIN CODE NO:560 001                      ... RESPONDENT

(BY SHRI. R.D. RENUKARADHYA, HCGP)

(THROUGH VIDEO CONFERENCE)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CR.NO.107/2020 OF MANDYA RURAL
P.S., MANDYA FOR THE OFFENCE P/U/S 285 OF IPC, SECTION 3
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AND 5 OF EXPLOSIVE SUBSTANCES ACT AND SECTION 9B OF
EXPLOSIVE ACT.

     THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:-

                             ORDER

This petition under Section 438 of Cr.P.C., is filed seeking anticipatory bail by accused No.2 in FIR No.107/2020, registered in Mandya Rural Police Station, for the offences punishable under Sections 3 & 5 of Explosive Substances Act, 1908, Section 9B of Explosive Act, 1884 and Section 285 of IPC.

2. Police Sub Inspector, Mandya Rural District, submitted a report stating inter alia that whilst he was on his routine rounds, based on information received by an informer, he went to Survey No.81/1 of Ragimuddanahalli Village and found that accused were attempting to conduct blast in a quarry illegally. Upon seeing the police, accused ran way from the spot and police were unable to apprehend them. The police recovered an earth moving equipment of Hitachi make, a plastic bag and three big covers containing explosives. The 3 plastic bag contained 35 detonators and 603 gelatins. Accordingly, the aforesaid FIR has been registered.

3. Heard Shri Raju C.N., learned advocate for petitioner and Shri Renukaradhya R.D., learned HCGP for the State.

4. Shri Raju, submitted that petitioner is an authorised dealer in explosives and permanent resident of Kushal Nagar. He is in no way connected with the case and he has been falsely implicated. Accordingly, he prayed for allowing this petition.

5. Learned HCGP argued opposing the petition.

6. I have carefully considered rival submissions and perused the material on record.

7. Perusal of report submitted by the Police Sub Inspector shows that he went to the spot based on source information. Though he made attempts, he was not able to apprehend the accused. The petitioner claims to be a dealer in explosives and he has produced a copy of the licence. He claims to be a permanent resident of Kushal 4 Nagar. The incident has taken place in Mandya. The police have seized the earth moving equipment and some explosives. Keeping in view the facts and circumstances of the case, particularly the fact that petitioner is an authorized dealer in explosives in Kushal Nagar, in the opinion of this Court, it would be just appropriate to allow this petition. Hence, the following:

ORDER

(i) In the event of arrest or voluntary surrender of petitioner before the jurisdictional Police or Magistrate on or before 30.06.2020, he shall be released on bail upon his executing a self bond for a sum of Rs.50,000/- (Rupees Fifty thousand) with two sureties for the like sum to the satisfaction of the Investigating Officer or jurisdictional Magistrate;

(ii) Petitioner shall join investigation and fully cooperate with the investigating officer and appear before him as and when called upon;

(iii) Petitioner shall mark his attendance before the jurisdictional Police on third Sunday of every month between 5 10.00 a.m. & 12.00 p.m till the charge sheet is filed;

(iv) Petitioner shall not leave Kushal Nagar, Kodagu District, without prior permission of jurisdictional Magistrate till charge sheet is filed;

(v) Petitioner shall not tamper with the evidence;

(vi) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or Investigating Officer;

(vii) Petitioner shall not involve himself in any criminal activities; and

(viii) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail. Petition allowed.

Sd/-

JUDGE Yn.

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