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2011 Supreme(Kar) 118

High Court of Karnataka
V. JAGANNATHAN
Abdul Nazir Maudany
Versus
State of Karnataka
CRIMINAL PETITION No. 5869 of 2010
Decided on : 11-02-2011

Advocates Appeared:
For the Petitioner:B.V. Acharya, Senior Counsel for M/s Hegde Associates, Advocate.
For the Respondent: Ashok Haranahalli, A.G.

Headnote:CODE OF CIVIL PROCEDURE, 1908 - Section 439: [V. Jagannathan, J] Grant of Bail - Petitioner, one of the accused in Bomb Blast case - Mobile call history of main accused revealing that he was in contact with petitioner-accused and said period pertained to both before and after the blasts - Statement of witnesses also revealing that petitioner had gone to meet main accused at his house - Circumstances revealing connection of petitioner-accused in bomb blasts and offence of criminal conspiracy - Considering gravity of offence and interest of State, the Bail was refused to accused.

Judgment :-

1. The petitioner who is accused No.31 in Cr.No.483/08 (C.C.No.23444/08) is one of the 32 accused persons against whom a case is registered for the offences punishable under Sections 120-B, 121, 121-A,302,307,326,435 & 201 of IPC, Sections 3,4,5 & 6 of the Explosive Substances Act, 1908, Section 4 of the Prevention of Damage to Public Property, 1984 and Sections 3, 10, 11, 13, 16, 17, 18, 19 & 20 of the Unlawful Activities (Prevention) Act, 1967, and he is before this Court seeking bail under Section 439 of Cr.P.C.

2. Before going to the prosecution case in brief, it has to be mention at the outset that the petitioner moved for anticipatory bail earlier and the said petition was rejected by the trial court and this Court and the petitioner moved the Apex Court for anticipatory bail and in the meanwhile, as he was arrested, the petition before the Apex Court became infructuous. The Apex Court while disposing of the petition filed, made observations to the effect that if regular bail application is filed by the petitioner, the same shall be considered on merits without being influenced by the rejection of earlier anticipatory bail petitions. Keeping the aforesaid observations of the Apex Court, I proceed to refer to the prosecution case in brief before dealing with the contentions raised by the learned Senior Counsel appearing for the petitioner and the learned Advocate General appearing for the respondent-State.

3. A series of bomb blasts rocked Bangalore on 25.07.08 and it all started with a bomb explosion at 1.20 p.m., on theaforesaid date at the police station adjacent to the St. John’s Hospital near Madivala check post on Hosur road within the limits of Madivala police station and the said blast had a victim by name Smt. Sudha and leaving five to six injured at the spot. Some time later, another bomb explosion took place on the foot path opposite to the construction building on Hosur-Laskar road near Adugodi textile and one person by name Muniraju became the victim in the form of having several injuries and certain shops were also damaged which were in the vicinity. Similar such bomb blasts were also reported from other parts of the Bangalore City within the time of one hour and the police Inspector of Adugodi also visited the spot and near Koramangala, it was noticed on the following day i.e., on 26.07.08, an unexploded live bomb lying near the shop of one Sunil and it was found that the bomb along with electric wires were attached to the flower pot. A hotelier by name Vasudev Poojary also informed Ashoknagar police that on 25.07.08, there was huge explosion near Adugodi drainage and this was followed by one Sandeep Ged informing the police that on the same day there was explosion in front of his shop. One Raveendran Kanakaraj while proceeding with his friend Ramesh near Rajaram Mohan Ray circle also heard big bang and came to know that it was bomb explosion and this occurred at around 3 p.m., on 25.07.08. Sampangiramanagar Police were informed of this. Similar such incidents were also reported from other parts of the city namely from Byatarayanapura, Manjunathnagar and Thunganagar and respective jurisdictional police stations were informed and cases were registered in different crime numbers.

4. During the very same period, bomb blasts were also reported from other parts of the country i.e., from Jaipur, Ahmedabad, Surat and Delhi. The bomb blast at Jaipur took the lives of 63 persons injuring 150. 56 persons lost their lives and 200 were injured on account of the bomb blast at Ahmedabad city. The major catastrophe was averted at Surat city when IED’s were traced. Delhi was also not left out of these bomb explosions as on account of the five serial bomb explosion on 13.09.08, 30 persons were killed and 130 persons sustained injuries.

5. The police inspector of Madivala registered a suo-motto case in Cr.No.483/08 which is not pending in S.C.No.1478/10 on the file of the learned Sessions (Spl) Judge, Bangalor




















































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