- 1 - NC: 2025:KHC:6534 CRL.P No. 1164 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1164 OF 2025 BETWEEN: 1. SHRI. HARISH, AGED ABOUT 52 YEARS, S/O. BANGARU SWAMI, RESIDING AT NO. 2-145R (3A3), ASHRAYA COLONY, KUMPALA, KOTEKAR POST, MANGALURU, DAKSHINA KANNADA - 575 022. 2. SHRI. NAGAPPA LAMANI @ NAGESH, AGED ABOUT 36 YEARS, S/O. UMALEPPA, RESIDING AT KODAGALI TANDA, ILAKAL TALUK, HIREKODAGALI, BAGALKOT - 587 125. 3. SHRI. MUTTAPPA MADAR AGED ABOUT 39 YEARS, S/O. DONKAPPA, RESIDING AT KATHARAKI, BADAMI, BAGALKOT - 587 116. …PETITIONERS (BY SRI. PALLAVA R, ADVOCATE) AND: THE STATE OF KARNATAKA BY BRAHMAVARA PS, BRAHMAVARA, UDUPI - 576 213, REPRESENTED BY THE LEARNED SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6534 CRL.P No. 1164 of 2025 (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO GRANT REGULAR BAIL TO THE PETITIONERS HEREIN WHO ARE ARRAYED AS ACCUSED NO.02, 03 AND 04 IN CONNECTION WITH CRIME NO.285/2024 REGISTERED BY THE RESPONDENT BRAHMAVARA POLICE FOR THE OFFENCES P/U/S 9B OF EXPLOSIVES ACT, 1884 AND SECTIONS 3, 5, 6 OF EXPLOSIVE SUBSTANCES ACT, 1908 AND SECTION 288 OF BNS ACT, 2023 ON THE ADDL. CIVIL JUDGE AND JMFC, UDUPI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. This petition under Section 483 of BNSS, 2023 is preferred by accused Nos.2 to 4 in Crime No.285/2024 of Brahmavara Police Station, Udupi, praying to enlarge them on regular bail. 3. Complaint is lodged by the Sub Inspector of Police, Brahmavar Police Station alleging that the accused - 3 - NC: 2025:KHC:6534 CRL.P No. 1164 of 2025 have caused explosion of rocks / boulders using explosive substances and a compressor tractor, without any license or permit. 4. Receiving an information on 13.12.2024, at about 04:00 p.m. that accused No.1 Richard Rodrigues has stored explosive substances in his vacant land and he has caused explosion of rocks / boulders using explosive substances, complainant along with his staff and panchas went to the spot at about 05:00 p.m. and seized explosive substances such as Dynamo condenser, Megger battery with blue electric wire, 83 number of Detonators, explosive paste tubes, compressor rubber pipe, compressor jack (drilling machine), drilling rods and compressor tractor. 5. In the complaint it is alleged that when the police conducted raid in the land of accused No.1, the workers who were present there, fled away. 6. Learned High Court Government Pleader has contended that accused No.1 entrusted the work of blasting the rocks using explosive substances to accused - 4 - NC: 2025:KHC:6534 CRL.P No. 1164 of 2025 No.2 and the said accused, with the help of accused Nos.3 and 4 have caused explosion of rocks / boulders using explosive substances without having any license or permit. 7. At this stage it appears that on the basis of the statement made by accused No.1, petitioners are arraigned as accused Nos.2 to 4 in the FIR. It is the contention of the learned counsel for petitioners that the offences under the Explosive Substances Act, 1908 will not attract to the present case and Section 288 of the BNS 2023 will also not attract. He contended that even otherwise, petitioners are not the owners of the land and therefore, question of obtaining license to cause explosion by the petitioners does not arise. He contended that petitioners are arrested and interrogated. They are in judicial custody since 15.12.2024. Further interrogation of the petitioners is not necessary. They have undertaken to furnish adequate surety and abide by other conditions. - 5 - NC: 2025:KHC:6534 CRL.P No. 1164 of 2025 8. In the above facts and circumstances, by imposing conditions, the relief sought by the petitioners can be granted. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioners/accused No.2 to 4 in Crime No.285 /2024 of Brahmavar Police Station, Udupi shall be released on bail subject to following conditions: a) They shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) They shall furnish proof of their residential address and shall inform the Investigating Officer/Court, if there is any change in the address. - 6 - NC: 2025:KHC:6534 CRL.P No. 1164 of 2025 c) They shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) They shall not tamper with the prosecution witnesses either directly or indirectly. e) They shall appear before the trial Court on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 3