THIS CRL.P. IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN RESPECT OF THE CR.NO.37/2026 REGISTERED BY THE BAGEPALLI P.S. FOR THE OFFENCE P/U/S THE BNS 2023 (U/S 288, 125) EXPLOSIVE SUBSTANCES ACT 1908 (U/S 4, 5, 6) EXPLOSIVES ACT 1884 (U/S 9(B) THE BNS 2023 U/S 3(5) PENDING BEFORE THE PRL. CIVIL JUDGE (JR.DN) AND J.M.F.C COURT AT BAGEPALLI.

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

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

1. The petitioner has filed this petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth referred to as 'BNSS, 2023') seeking anticipatory bail in Crime No.0037/2026, registered by the respondent for the offences punishable under Sections 288, 125 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (henceforth referred to as 'BNS'), under Sections 4, 5 and 6 of the Explosives Substances Act, 1908, under Section 9(B) of the Explosives Act, 1884, pending consideration before the Principal Civil Judge (Junior Division) and J.M.F.C. Court at Bagepalli.

2. The petitioner contends that the Police Sub-inspector (for short 'PSI'), Bagepalli, lodged a complaint on 02.02.2026, wherein he alleged that he received credible information about some people trying to quarry stones situated on the land in Lagumaddepalli Village, Bageplli Taluk, using explosives. The PSI claimed that when he visited the spot along with his staff and other paraphernalia, the persons committing the offence ran away and one of them was caught, who disclosed that the owner of the land in survey No.69/5 had paid money to remove the rock in the land. He also alleged that the apprehended accused along with the other accused had drilled holes in the rock and tried to explode them by using explosive substances. The PSI alleged the accused had not obtained any permit from the appropriate authority for using explosives to blast the rock. Based on this, a case in Crime No.0037/2026 was registered against the accused Nos.1 to 3 for the aforesaid offences.

3. The petitioner contends that he was not named in the First Information Report (for short 'FIR') or in the complaint, but the respondent had shown the name of the owner of the land in question as Mr.Achari. He contends the allegation against him is that he had engaged accused No.1 to blast the rock. He contends that the land in survey No.69/5 stands in his name and he has not engaged any person to blast the rock. Nonetheless, the respondent police are trying to arraign him as an accused on the ground that the petitioner is the owner of the land. He contends that he sought for grant of anticipatory bail in Crl.Misc.No.70/2026, which was rejected in terms of the order dated 12.02.2026. Therefore, he is before this Court.

4. Learned counsel for the petitioner submitted that the petitioner is the owner of the land bearing Sy.No.69/5, Lagumaddepalli Village and that he has not engaged any of the accused to blast the rock using explosive substances. He submits that the FIR shows one Mr.Achari is the owner of the land in question and that it was he who had engaged the accused to blast the rock. However, the police after coming to know that the petitioner is the owner are trying to implicate the petitioner in the alleged offence. He submits that the petitioner apprehends arrest and therefore prays that an order be granted directing the respondent police to release him in the event of his arrest. He submits that the offences alleged are neither punishable with death nor life imprisonment and that the petitioner is willing to abide by any conditions that may be imposed by this Court.

5. Per contra, the learned High Court Government Pleader contended that the petitioner is the owner of the land in question where the accused were engaged to blast the rocks using explosive substances. She