- 1 - NC: 2025:KHC:9195 CRL.P No. 1193 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1193 OF 2025 BETWEEN: MR. SHIVAKUMAR AGED 35 YEARS S/O LATE SANNA MADAIAH R/AT KASABA HOBLI HEGGADADEVANAKOTE TALUK PADUVAKOTE PO MYSURU DISTRICT - 571 189. …PETITIONER (BY SRI AKSHAY KUMAR JAIN, ADV., FOR SRI VENKATESH SOMAREDDI, ADV.,) AND: STATE OF KARNATAKA BY BRAMHAVARA POLICE STATION INSPECTOR OF POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHAPALATHA, ADDL. SPP, A/W SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH FIR IN CRIME NO.285/2024 OF BRAHMAVAR POLICE STATION REGISTERED FOR THE OFFENCE P/U/S 3, 5 AND 6 OF EXPLOSIVE SUBSTANCES ACT, 1908, SECTION 9B OF EXPLOSIVE ACT, 1884 AND SECTION 288 OF BNS, 2023 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, UDUPI. Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9195 CRL.P No. 1193 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.5 in Crime No.285/2024 registered by Brahmavar Police Station, Udupi District for the offence punishable under Section 288 of BNS, 2023 and Sections 3, 5 & 6 of the Explosive Substances Act, 1908 and Section 9B of the Explosive Act, 1884 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.285/2024 was registered by Brahmavar Police Station, Udupi District for the aforesaid offences against Richard Rodrigues and three others, on the basis of first information dated 13.12.2024 received from Sri Ashok Malabagi attached to Brahmavar Police Station, Udupi District. During the course of investigation of the case, the petitioner herein was arrested on 15.12.2024 and subsequently remanded to judicial - 3 - NC: 2025:KHC:9195 CRL.P No. 1193 of 2025 custody. He has been arraigned as accused No.5 in remand application. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.412/2024 was dismissed on 13.01.2025. Therefore, he is before this Court. 4. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that accused Nos.2 to 4 have been granted regular bail by this Court in Crl.P.No.1164/2025 disposed of on 13.02.2025. The petitioner has no other criminal antecedents and allegation against him is that he had supplied the explosive to other accused persons. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. 6. This Court has granted regular bail to accused Nos.2 to 4 in Crl.P.No.1164/2025 disposed of on 13.02.2025. In the order passed in Crl.P.No.1164/2025 it - 4 - NC: 2025:KHC:9195 CRL.P No. 1193 of 2025 is observed that, based on the voluntary statement of accused No.1 the other accused persons have been arraigned as accused in the present case. The allegation against the petitioner is that he had supplied explosive to other accused persons, which was used for explosion of rocks in vacant sites. For attracting the alleged offences punishable under Sections 3 and of the 4 of the Explosive Substances Act, 1908, the basic requirements are the accused person should have caused an explosion unlawfully and maliciously. From the averments made in the first information it cannot be said that act was committed by accused persons with any malice and therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.285/2024 registered by Brahmavar Police - 5 - NC: 2025:KHC:9195 CRL.P No. 1193 of 2025 Station, Udupi District for the offence punishable under Section 288 of BNS, 2023 and Sections 3, 5 & 6 of the Explosive Substances Act, 1908 and Section 9B of the Explosive Act, 1884, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS