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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

CRIMINAL PETITION NO.8308 OF 2021

BETWEEN

PREM KUMARA A

S/O ARMUGAM

AGED 39 YEARS

R/AT NO 227, BYARATHI BANDE

KRISHNANAGAR, BENGALURU NORTH

DR SHIRVARAMA KARANTHA NAGAR

BENGALURU-562 149.

... PETITIONER

(BY SRI B. ANAND, ADVOCATES)

AND

STATE OF KARNATAKA

KENCHARALAHALLI POLICE

CHICKABALLAPUR DISTRICT

REP BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU-560 001.

... RESPONDENT

(BY SRI K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438

OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO

ENLARGE THE PETITIONER ON BAIL IN THE EVENT HIS ARREST

IN CR.NO.106/2021 OF KENCHARLAHALLI POLICE STATION,

CHIKKABALLPUARA DISTRICT FOR THE OFFENCES PUNISHABLE

UNDER SECTIONS 3,4 OF EXPLOSIVE SUBSTANCES ACT AND

SEC.4, 4(1),4(A), 21, 22, 23(a1) OF MMRD ACT.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

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ORDER

This petition is filed by the petitioner-accused under

Section 438 of Cr.P.C., for granting anticipatory bail in

Crime No.106/2021 of Kencharlahalli Police Station for the

offences punishable under Sections 3 and 4 of the

Explosive Substances Act, 1908, Section 4, 4(1), 4(A), 21,

22, 23(a1) of the Mines and Minerals Regulation of

Development Act 1957 (for short 'MMDR Act').

2.

Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader for

the respondent-State.

3.

The case of the prosecution is that the

complainant-Koshal Chouksey, ASP, Chintamani Sub-

Division has registered a suo moto case against one Kumar

alleging that when he was in the Police Station, he

received a credible information that in the limits of

Kencharlahalli Police Station, two unknown persons are

illegally blasting the stones with the help of electric current

and by using explosives. Accordingly, he along with his

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team

members

reached

the

Survey

No.60/p15

of

Murugamalla Village around 7.30 p.m. By seeing them,

the accused persons ran away from the spot. It is noticed

that the stones were blasted by using the explosives. In

the said place, they found a JCB Hitachi vehicle and

nobody were present on the spot. On enquiry with the

villagers, they came to know that one Kumar was blasting

the stones in the evening and in the night time without

knowing to anybody and he was not having any licence.

The said Kumar was unauthorizedly blasting the stones in

Survey No.60/P15 of Murugamalla Village without any

valid licence and they also came to know that the said

Kumar was getting the explosives from somewhere else

and he was blasting the stones. Based upon the complaint,

the Police have registered a case and made hectic efforts

to arrest this petitioner. Since, his name is Prem Kumara

A, he is apprehending his arrest in the hands of Police. He

moved a bail petition before learned Sessions Judge which

came to be rejected. Hence, he is before this Court.

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4.

Having heard the arguments and on perusal of

the records, the case was registered against one Kumar

and the Investigating Officer has not collected any material

to show that how this petitioner is connected with this

Crime. Sri Nareppa is the owner of the said property in

Survey

No.60/P15

of

Murugamalla

Village.

The

incriminating materials have already been seized by the

Police. Though the alleged offences are non-bailable, but

they are not punishable either with death or imprisonment

of life. Therefore, by imposing certain conditions, if the

bail is granted to the petitioner, no prejudice would be

caused to the prosecution case. Hence, I pass the following

ORDER

The respondent – Police are directed to release the

petitioner/accused on bail in the event of his arrest for the

offences punishable under Sections 3 and 4 of the

Explosive Substances