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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 2^ND DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO.200835/2021

BETWEEN:

RAMAGOPALREDDY

S/O GIDDA REDDY

AGE. 44 YEARS, OCC. BUSINESS,

R/O. 4-111-4, NEW POSTAL COLONY,

BALAJI NAGAR, SHANTHANAPURAM,

KARNOOL DIST, (AP).

...PETITIONER

(BY SRI. MAHANTESH PATIL, ADV.)

AND

THE STATE OF KARNATAKA

R/BY ADDL. SPP,

HIGH COURT OF KARNATAKA,

KALABURAGI BENCH,

THROUGH YERAGERA P.S.,

DIST. RAICHUR-585107.

…RESPONDENT

(BY SRI. GURURAJ V. HASILKAR, HCGP)

THIS CRIMINAL PETITION IS FILED U/S. 439 OF

CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN

CRIME NO.36/2021 OF NETAJI P.S. DIST.RAICHUR, FOR

THE OFFENCES P/U/SEC.3 OF EXPLOSIVE SUBSTANCES

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ACT-1908, PENDING BEFORE III ADDL. CIVIL JUDGE AND

JMFC, RAICHUR.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

The petitioner has filed this petition under

Section 439 of Cr.P.C. for admitting him on bail in

Crime No.36/2021 of Netajinagar Police Station,

Raichur for the offences punishable under Section 3 of

Explosive Substances Act, 1908.

2.

The brief facts leading to the case are that

on

17.03.2021

evening

at

about

5.30

p.m.

complainant has received credible information as well

as complaints from the villagers that on Bolammana

Doddi Road outskirts of Raichur District for forming

the layout explosives were being used to blast the

stones and it is endangering to adjoining property

owners as well as public at large. Then complainant

reported the matter to the police and along with the

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police and revenue officials went to Sy.No.747 and

there it is found that explosive substances were used

to blast the stones. The accused No.1 - Ramulu was

present at the spot and on enquiry he disclosed that

at the instance of owner and other accused he by

using explosives on 16.03.2021 at 4.15 p.m. blasted

the stones without any license or permission. As such

on the basis of the complaint, FIR came to be issued

against the accused by names Ramulu, Tulaja Ram,

Nisar Ahmed Zaheer as well as owner who used

explosive substances unauthorizedely for forming

Shilpa Medicare Layout. In the meanwhile the

petitioner was also implicated in this case on the

ground that accused No.2 after arrest disclosed the

name of the present petitioner for having purchased

the same and then only the present petitioner was

implicated. The petitioner was a accused in UTP

No.199/2021 in Davanagere Jail and body warrant

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was issued and his presence was secured under body

warrant. Then he has moved a regular bail petition

before the sessions Court. But the Sessions Court has

rejected the bail petition filed by the petitioner. Hence

petitioner has approached this court seeking regular

bail.

3.

Heard the learned counsel for the petitioner

and learned HCGP and perused the records.

4.

Learned

counsel

for

the

petitioner

contended that the present petitioner was implicated

only on the basis of the voluntary statement of

accused No.2 and he is not dealing in explosives and

is no way concerned. He has not participated in

blasting of stones and his presence was secured when

he was in custody in other crime in Davanagere. It is

also asserted that he has already been granted bail by

the Principal District and Sessions Judge, Davanagere

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and copy of the same is produced which is in

Crl.Misc.No.296/2021. He undertakes to abide by the

terms and conditions imposed by this court.

5.

Per contra, learned HCGP seriously resisted

the bail petition on the ground that the accused by

using explosive material blasted the stones in

Sy.No.747 of on Bolammana Doddi Road outskirts of

Raichur District for forming layout for Shilpa Medicare.

The offences alleged are serious in nature and matter

is still at the stage of investigation and present

petitioner has provided the explosives to the accused.

H