- 1 - NC: 2025:KHC:3123 CRL.P No. 2200 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2200 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. C.H. NAGESH S/O HUCCHEGOWDA AGD 46 YEARS, R/AT CHAKKENAHALLI VILLAGE, HARIHARA POST, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN-562 117. …PETITIONER (BY SRI. SAMPATH A., ADVOCATE) AND: 1. STATE BY JAVAGAL POLICE STATION ARASIKERE RURAL CIRCLE, HASSAN REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, AMBEDKAR VEEDI, BENGALURU-560 001. 2. SRI.VINAY E V AGED 45 YEARS,POLICE INSPECTOR, ARASIKERE RURAL CIRCLE, HASAN-573 103. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL SPP) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3123 CRL.P No. 2200 of 2023 THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.2735/2021 ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC ARSIKERE CHARGE SHEETED FOR THE OFFENCE P/U/S SECTION 4 AND 5 OF THE EXPLOSIVE SUBSTANCE ACT AND SECTION 286 OF THE INDIAN PENAL CODE BASED ON COMPLAINT AND FIR IN CRIME NO.63/2020 BOTH DATED 17.06.2020 REGISTERED BY THE JAVAGAL POLICE STATION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is preferred by accused No.2 seeking quashing of the impugned proceedings in C.C.No.2735/2021 pending on the file of the II Additional Civil Judge and JMFC, Arsikere for the offences punishable under Sections 4 and 5 of the Explosive Substances Act, 1908 and Section 286 of the Indian Penal Code, 1908. 2. Heard learned counsels for the parties and perused the material on record. 3. A perusal of the material on record will indicate that at the first instance, respondent No.2 filed a complaint - 3 - NC: 2025:KHC:3123 CRL.P No. 2200 of 2023 against one Suresh B. P. - accused No.1 for the offences punishable under Sections 4 and 5 of the Explosive Substances Act, 1908 and Section 286 of the Indian Penal Code, 1908. After investigation, the respondents came to the conclusion that the petitioner had supplied the aforesaid explosive substances to accused No.1 and consequently, arraigned the petitioner as accused No.2 in the impugned proceedings, which are assailed in the present proceedings. 4. Learned counsel for the petitioners invited my attention to the complaint, FIR, statement of witnesses, documents, charge sheet etc., in order to point out that there is absolutely no material to establish that the petitioner had supplied explosives or explosive substances to accused No.1 so as to incriminate the petitioner for the offence alleged to have committed by accused No.1 and as such, the impugned proceedings deserve to be quashed. - 4 - NC: 2025:KHC:3123 CRL.P No. 2200 of 2023 5. Per contra, the learned Additional State Public Prosecutor submits that there is no merit in the petition and the same is liable to be dismissed. 6. As rightly contended by learned counsel for the petitioner, a perusal of the FIR will indicate that no allegations have been made against the petitioner who had undisputedly not been arraigned as an accused in the FIR. So also, a perusal of the Statement of Witnesses will indicate that the name of the accused has not cropped up anywhere in the statements nor in any other material to establish that the petitioner had supplied the explosive substances in question to accused No.1 and consequently, in the absence of any material, oral or documentary to establish that the petitioner had supplied the explosives to accused No.1, I am of the considered opinion that continuation of the impugned proceedings qua the petitioner - accused No.2 would amount to abuse of the process of law warranting interference by this Court in the present petition. - 5 - NC: 2025:KHC:3123 CRL.P No. 2200 of 2023 7. Hence the following: ORDER a. The petition is hereby allowed. b. The impugned proceedings in C.C.No.2735/2021 pending on the file of the II Additional Civil Judge and JMFC, Arsikere is quashed qua the petitioner. SD/- (S.R.KRISHNA KUMAR) JUDGE RB