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HIGH COURT OF KARNATAKA
VINAYAKUMAR ALIAS VINAY – Appellant
Versus
STATE OF KARNATAKA – Respondent


1. Charge sheet is filed against the accused alleging

that accused Nos. 1 and 2 without prior permission

from the competent authority was preparing to use

explosive which could endanger human life and it is also

alleged that the petitioner-accused No.3 had supplied

the said explosive to the accused Nos. 1 and 2. Learned

Sessions Judge accepted the charge sheet and took

cognizance of the offences punishable under sections 5

and 6 of the Explosive Substance Act, 1908 and Section

- 3 -

9B(1)(a)(b) of the Explosive Substance Act, 1964.

Taking exception to the same, the accused No.3 is

before this court.

2. Learned counsel appearing for the petitioner submits

that in the absence of any corroborative material the

filing of charge sheet against the petitioner, only on the

statement of the co-accused is impermissible. Hence,

he submits that the charge sheet filed against the

petitioner is untenable.

3. On the other hand, learned HCGP appearing for the

respondent-State

submits

that

petitioner

having

supplied explosive substance to the accused Nos.1 and

2 has committed aforesaid offences alleged against him

and the police have rightly filed the charge sheet

against the petitioner and the

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