Karnataka High Court
Sri.K.Vijaykumar vs State Of Karnataka on 4 July, 2022
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.6934 OF 2021
BETWEEN:
SRI. K. VIJAYKUMAR,
S/O. K. VEERUPAKSHAPPA,
AGED ABOUT 31 YEARS,
R/AT SIDDESHWARA NILAYA,
SHANTINAGAR, RAYADURGA TOWN,
ANANTHPURAM DISTRICT,
ANDHRA PRADESH - 515 865. ... PETITIONER
[BY SRI. A. MOHAMMED TAHIR AND
SRI. MOHAMMED AKHIL, ADVOCATES]
AND:
STATE OF KARNATAKA
BY RURAL P.S., SHIVAMOGGA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001. ... RESPONDENT
[BY SRI. R.D. RENUKARADHYA, HCGP.,
AND SRI. V.S. HEGDE, S.P.P.-II]
***
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.
NO.24/2021 OF SHIVAMOGGA RURAL POLICE STATION NOW
NUMBERED AS C.C. NO.870/2021 PENDING BEFORE THE JMFC.,
3RD COURT, SHIVAMOGGA, REGISTERED FOR OFFENCES
PUNISHABLE UNDER SECTIONS 286, 304 AND 201 OF IPC,
SECTION 9B OF THE EXPLOSIVES ACT, 1884, AND SECTIONS 3(a),
(b) AND 5 OF THE EXPLOSIVE SUBSTANCES ACT, 1908 PENDING
TRIAL, IN THE ENDS OF LAW AND JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY
THE COURT MADE THE FOLLOWING:
2
ORDER
This petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner/accused No.4 on bail in Crime No.24/2021 of Shivamogga Rural Police Station, Shivamogga District, pending on the file of the Court of JMFC, III Court, Shivamogga, in C.C. No.870/2021.
2. Crime No.24/2021 of Shivamogga Rural Police Station was registered on a complaint lodged by the Police Sub-Inspector of the said Police Station for offence punishable under Sections 286 and 304 of IPC, Section 9B of the Explosives Act, 1884 and Section 5 of the Explosive Substances Act, 1908 against 3 persons. On completion of the investigation, charge-sheet has been field for offence punishable under Sections 286, 304, 201 of IPC, Section 9B of the Explosives Act, 1884 and Sections 3(a)(b) and 5 of the Explosive Substances Act, 1908.
3. Heard the learned counsel for petitioner and the learned SPP-II for respondent/State and perused the material on record.
3
4. Brief facts of the case as per the prosecution are that, on 21.01.2021, around 10.20 p.m., a very loud sound of explosion was heard from the land in Sy. No.2 of Kallugangur village of Shivamogga, belonging to accused Nos.11 and 12 where a stone crusher was run by accused Nos.10, which resulted in the death of 5 persons [accused Nos.5 to 9]. The explosion was caused as a consequence of illegal purchase and transportation of electric detonators, electric wires, gelatin sticks and gel tubes by the accused persons. A suo motu case was registered against 3 persons. Accused Nos.1 to 4 and 10 to 15 were apprehended by the Police. Petitioner/accused No.4 came to be arrested on 13.07.2021. Charge-sheet came to be filed against 15 accused persons, showing accused Nos.5 to 9 as dead.
5. It is alleged that the land bearing Sy. No.2, of Kallugangur, Shivamogga, was owned by accused Nos.11 and 12 and the said land was leased to accused No.10 to run stone crusher. Accused No.10 used to get illegal consignment of explosive substances like gelatin sticks, 4 etc, from accused Nos.1 to 4 from Rayadurg, Anantapur. Further, accused Nos.1 to 3 with an ulterior motive of making unlawful gain and more money in violation of law and the terms of licence, were transporting and selling the explosive substances and they were assisted by accused Nos.4 to 7.
6. The learned SPP-II appearing for the respondent/State has vehemently contended that the petitioner is a close relative of accused No.2 and he is in charge of delivery of illegal consignment of explosives owned by accused Nos.1 to 3. He contends that accused No.10 was carrying illegal quarry in the land of accused Nos.11 and 12 and accused Nos.1 to 3 viz, owners and licence dealers of explosive substances, have in clear violation of law have transported and supplied the explosive substances to accused No.10. It is contended that the petitioner is not only an employee of accused Nos.1 to 3, but he is also in-charge of and care taking, managing the delivery of illegal consignments of explosive substances pertaining to accused Nos.1 to 3. 5
7. The learned SPP-II would further contend that after the arrest of the petitioner, under P.F. No.54/2021, certain incriminating materials have been seized at his instance which clearly shows his involvement in the illegal transportation of the explosive substances. He would contend that this Court while rejecting the petitions filed by accused Nos.2, 3 and 10 in Criminal Petition No.4433/2021 c/w Criminal Petition No.4425/2021 on 06.08.2021, has taken into consideration the serious nature of the offence and dismissed the petitions.
8. The learned SPP-II has also contended that due to huge explosions, several vehicles were damaged and 4 vehicles were destroyed. It is his contention that the petitioner was not only selling the explosive substances, but also managing, supplying, transporting and delivering the illegal consignments of the explosive substances in violation of law and illegally gaining monetary benefit at the cost of several lives and destruction of property.
9. I have perused the charge-sheet material. 6
10. It is alleged in the charge-sheet that, accused Nos.1 to 3 by violating the permitted terms of licence by transporting the explosive substances, were making unlawful gain and for this purpose, they have taken a house belonging to one Smt. Shanthamma, w/o. Thimmappa, on rent to use as their office and they had appointed accused Nos.4 to 7 to assist them. It is alleged that the petitioner herein i.e, accused No.4 in spite of knowing that accused Nos.1 to 3 were carrying on illegal activities, was also involved with them. It is further alleged that accused Nos.10 to 12 were purchasing explosive substances which was sent by accused Nos.1 to 4 through accused No.8 and his associates and running the illegal stone crusher.
11. According to the prosecution, on 21.01.2021, as per the directions of accused Nos.1 to 4, the explosive substances were transported from Ganesh Enterprises which was in the name of accused No.1, without taking any precaution and also in violation of the rules, in a vehicle which was not meant to transport such explosive 7 substances and accused Nos.5 to 7 were in the said vehicle. Accused Nos.10 to 12 with the assistance of accused Nos.8 and 9 are alleged to have approached accused Nos.1 to 3 for purchase and delivery of explosive substances. Explosion took place in the land bearing Sy. No.2, situated at Kalluganguru Village which belongs to accused No.12, portion of which was taken on lease by accused No.10 for running the crusher. In the said unfortunate incident, accused Nos.5 to 9 died on the spot.
12. The learned counsel appearing for the petitioner contends that accused No.4 was only an employee under accused No.2 working as a driver. It is contended that the petitioner is neither the owner nor in-charge of any of the business establishment owned by accused Nos.1 to 3. The learned counsel has filed a memo along with certain documents to show that the petitioner was working as a driver and he was appointed as a driver with Supreme Traders with effect from 05.08.2020. He therefore, contends that the various Sections now invoked against the petitioner cannot be made applicable to him and there is no 8 material to show that the petitioner has transported the explosive substances at the instance of accused Nos.1 to 3 or that he was also present when the consignment was transported in the vehicle. He contends that the charge- sheet is already filed and therefore, the petitioner is not required for any investigation and further detention of the petitioner is not necessary. He submits that the petitioner was arrested on 13.02.2021 and he is languishing in judicial custody since then. He submits that there is no criminal antecedents against the petitioner and therefore, by imposing any condition/s, he may be enlarged on bail.
13. According to the prosecution, after the arrest of the petitioner under P.F. No.54/2021, a laptop, registers pertaining to Ganesh Enterprises, Hanuman Enterprises and Supreme Traders belonging to accused Nos.1 to 3 as well as the vehicle were seized. Further, it is alleged that the petitioner has destroyed certain documents such as registers etc, pertaining to the above business establishment run by accused No.3.
9
14. In so far as seizure of the laptop which belongs to accused No.2 and other documents viz, registers etc. pertains to the above establishments are concerned, it is the case of prosecution that the said laptop and documents were seized from the house of the petitioner and therefore, it is alleged that he was in-charge of the above business establishments and he has played an important role by illegally transporting the explosive substances. However, at this stage, there is no material to show that the petitioner was in-charge or he was looking after the above establishments as a Manager or in any other capacity. There is no material to show that the petitioner was appointed by accused Nos.1 to 3 to look after their business. From the charge-sheet material it can be seen that the petitioner was appointed as a driver. In the charge-sheet, the avocation of the petitioner is shown as a driver. Apart from that, admittedly, in none of the above business establishments, the petitioner's name is shown as either the owner, Manager or in-charge of the said business.
10
15. According to the prosecution, the petitioner has destroyed certain registers etc. A mahazar has been drawn in this regard on 16.02.2021 in Sy. No.263 of Gollapalli village, Raydurga Taluk, Anantapur District, where the petitioner is said to have destroyed certain documents. According to the mahazar, some ashes were found at the spot and there is nothing to show that it was the register maintained by accused Nos.1 to 3 which were destroyed by the petitioner herein.
16. According to the prosecution, accused Nos.1 to 3 had the licence to deal with the explosive substances, but in violation of the terms of the licence they were involved in procuring and transporting explosive substances.
17. The main allegations are against accused Nos.1 to 3. Accused Nos.11 to 15 are already enlarged on bail and accused No.10 is said to have been enlarged on bail on medical grounds. The allegations against the petitioner i.e, accused No.4 that he being a relative of accused No.2 was also responsible for procurement and transportation of the explosive substances is a matter which has to be 11 established in the course of trial. At this stage there are no sufficient material to deny the relief of bail to the petitioner. Petitioner is under incarceration from 13.02.2021. He has been interrogated and not required for any further investigation/interrogation.
18. The learned SPP-II submitted that accused Nos.1 to 3, have criminal antecedents. However, no said criminal antecedents against the petitioner are brought to the notice of the Court. Taking into consideration the above facts and circumstances of the case, this Court is of the view that the relief sought by the petitioner can be granted by imposing stringent conditions. Hence, the following:
ORDER Petition is allowed.
Petitioner/accused No.4 in Crime No.34/2021 of Shivamogga Rural Police Station, Shivamogga District, pending in C.C. No.870/2021 on the file of the JMFC 3rd 12 Court, Shivamogga, shall be enlarged on bail, subject to following conditions:
(1) He shall execute a personal bond in a sum of `2,00,000/- [Rupees Two Lakhs Only] with two local sureties for likesum to the satisfaction of the jurisdictional Court.
(2) He shall mark his attendance before the concerned Police Station on every 2nd and 4th Sunday, till conclusion of the trial or until further orders.
(3) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court if there is any change in address.
(4) He shall not tamper with the prosecution witnesses/evidence in any manner.
(5) He shall not involve in any criminal activities.
(6) He shall appear before the trial Court on all dates of hearing without fail.
Sd/-
JUDGE Ksm*