Karnataka High Court
Sri Anil Kumar A vs State By The Station House Officer on 8 November, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2023:KHC:40029
CRL.P No. 10959 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 10959 OF 2023
BETWEEN:
SRI ANIL KUMAR A
S/O LATE SIDDA REDDY
AGED ABOUT 49 YEARS
NO.105, 11TH MAN ROAD
16TH CROSS, WILSION GARDEN
PIN CODE - 560 027.
...PETITIONER
(BY SRI SANDESH J CHOUTA, SR. COUNSEL FOR
SRI G. RAKESH RAJ, ADV.)
AND:
1. STATE BY THE STATION
HOUSE OFFICER
ATTEBELE POLICE STATION
BANGALORE RURAL
Digitally signed PIN CODE - 562 106.
by NANDINI MS
Location: High 2. INVESTIGATION NOW TRANSFERRED
Court of
Karnataka TO ASSISTANT COMMISSIONER
OF POLICE, CRIMINAL INVESTIGATION
DEPARTMENT, BANGALORE - 560 001.
...RESPONDENTS
(BY SRI RAMGASWAMY R, HCGP)
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.417/2023 REGISTERED BY ATTIBELE
POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 427, 285,
286, 304, 337, 338 OF IPC AND SECTION 9B OF EXPLOSIVES ACT
PENDING ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND
J.M.F.C., ANEKAL.
-2-
NC: 2023:KHC:40029
CRL.P No. 10959 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Accused no.5 in Crime No.417/2023 registered by Attibele Police Station, Bengaluru District, for the offences punishable under Section 9B of Explosive Act, 1884, and Sections 427, 285, 286, 304, 337, 338 of IPC, is before this Court under Section 439 Cr.PC.
2. Heard the learned Counsel for the parties.
3. On the complaint by Lokeshwaran dated 07.10.2023, the Station House Officer of Attibele Police Station had registered FIR in Crime No.417/2023 for the aforesaid offences against Ramaswami Reddy and five others. Petitioner is arrayed as accused no.5 in the FIR. During the course of investigation, petitioner was arrested on 08.10.2023. His bail application filed before the Court of III Addl. District & Sessions Judge, Anekal, in Crl. Misc. No.5472/2023 was rejected on 30.10.2023. Therefore, he is before this Court.
4. Learned Senior Counsel appearing for the petitioner submits that even if the entire case of the prosecution is -3- NC: 2023:KHC:40029 CRL.P No. 10959 of 2023 presumed to be true, no case for the alleged offences can be made out against the petitioner. Petitioner is the son of the owner of the building which was leased to accused no.1 for sale of fire crackers. He submits that accused no.4 - mother of the petitioner has been granted anticipatory bail by the Sessions Court. Major portion of the investigation is already completed. Petitioner has no criminal antecedents, and accordingly, prays to allow the petition.
5. Per contra, learned HCGP has opposed the petition. He submits that as many as 13 people have died in the incident in question. Investigation in the case is under progress. Accordingly, the prays to dismiss the petition.
6. From the complaint averments, it is seen that the complainant and his friends and relatives were summoned by accused no.2 - Naveen Reddy who is the owner of fire cracker shop known as Sri Balaji Traders and he had assured to pay Rs.600/- to Rs.700/- per day and had asked the complainant and his friends and relatives to work in his fire cracker shop. He also had assured to provide them separate accommodation for their stay. On 07.10.2023, the complainant, his friends and -4- NC: 2023:KHC:40029 CRL.P No. 10959 of 2023 relatives had commenced work in the shop of Naveen Reddy and at about 3.30 p.m., a container load of fire crackers had arrived and Naveen Reddy had asked the complainant and his friends to unload the container and shift the fire cracker boxes into the shop. All of a sudden, the complainant saw fire sparkles in the shop and people in and around started running. Even Naveen Reddy suffered burn injury on his hand. Thereafter, the police as well as the fire force arrived to the spot and in the incident, 13 people had died. In the complaint, it is alleged that the owners of the shop had not provided sufficient protection in the shop and also had not arranged system for extinguishing fire in the shop. However, no allegation is made in the complaint as against the petitioner herein or his mother who is the owner of the building which would attract the alleged offence against them. Petitioner who has no criminal antecedents, is in custody from 08.10.2023.
7. Undisputedly, the unfortunate incident has taken place accidentally. Except the allegation that the petitioner is the son of the owner of the building which was leased for the purpose of sale of fire crackers, there is no allegation against him. Under the circumstances, I am of the opinion that the petitioner -5- NC: 2023:KHC:40029 CRL.P No. 10959 of 2023 has made out a case for grant of regular bail. Accordingly, the following order:
7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.417/2023 registered by Attibele Police Station, Bengaluru District, for the offences punishable under Section 9B of Explosive Act, 1884, and Sections 427, 285, 286, 304, 337, 338 of IPC, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless 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;-6-
NC: 2023:KHC:40029 CRL.P No. 10959 of 2023
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 KK