IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 14794 OF 2025

[(439(Cr.PC) / 483(BNSS)]

BETWEEN:

SRI GURU (A1) S/O RASPATHE,

AGED ABOUT 43 YEARS,

R/AT" HAKKIPIKKI CAMP, OPP. TREE PARK,

MULEKATTE, BOMMANAKATTE, BHADRAVATHI,

SHIVAMOGGA - 577 302.

…PETITIONER

(BY SRI. CHIDANANDA SWAMY B.A., ADVOCATE)

AND:

THE STATE OF KARNATAKA

BY PAPER TOWN POLICE STATION,

BHADRAVATHI,

Digitally signed by

REP BY ITS STATE PUBLIC PROSECUTOR,

LAKSHMINAR AYANA

MURTHY RAJASHRI HIGH COURT OF KARNATAKA,

Location: HIGH

BENGALURU - 560 001.

COURT OF

KARNATAKA …RESPONDENT

(BY SRI. CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C

(UNDER SECTION 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN SC.NO.5040/2025 PENDING BEFORE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI, ARISING IN CRIME

NO.56/2025, REGISTERED BY PAPER TOWN POLICE, BHADRAVATHI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 288 AND 325 OF BNS, UNDER SECTIONS 5 AND 9B OF EXPLOSIVE ACT, 1884 AND UNDER SECTIONS 3 AND 5 OF EXPLOSIVE SUBSTANCES ACT, 1908, REGISTERED BY THE RESPONDENT POLICE CONDITIONALLY AND SET HIM AT LIBERTY.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by the sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.5040/2025, pending on the file of IV Additional District and Sessions Judge, Shivamogga, sitting at Bhadravathi (arising out of Crime No.56/2025 of Paper Town Police Station, Bhadravathi), registered for offences punishable under Sections 288 and 325 of Bharatiya Nyaya Sanhita, 2023, under Sections 5 and 9B of Explosive Act, 1884 and under Sections 3 and 5 of Explosive Substances Act, 1908.

2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent -

State.

3. Learned counsel for petitioner would contend that, the petitioner is in custody since 31.05.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There was no any intention on the part of the petitioner to cause explosion of the bombs prepared by him and accidentally, they exploded and caused death of a cattle and injury to a calf. There is no recovery at the instance of the petitioner. The petitioner is having a daughter studying in paramedical course and the petitioner is the only bread earner of the family. The petitioner is not having any criminal antecedents. With these, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioner is belonging to hakki pikki and he is a nomad and moves from one place to another place. If the petitioner is granted bail, there are chances of him flee from justice and not available for trial. The postmortem report indicates that, the death of the cattle is due to explosion of bombs. The FSL report indicates that, the soil seized from the spot contains explosive compositions such as potassium, chlorate, arsenic sulfide, sulfur and its decomposition products. The charge sheet materials show that, there is prima-facie case against the petitioner for offences alleged against him. The offences alleged against the petitioner are triable by the Sessions Court. The case is already committed in the Sessions Court and it is now listed for fixing date for trial. With these, he prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.

6. As per charge sheet the case of the prosecution is that, this petitioner has prepared bombs in order to kill wild boar and kept them for drying. On the date of incident, the cattle went near the place and fell down on the said bombs and they exploded. One cattle died and a calf was injured