Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37708 CRL.P No. 12601 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12601 OF 2025 BETWEEN:
1.
MR.GANESH H.M S/O. MUNISHAMAPPA AGED ABOUT 28 YEARS R/AT NO. 105 HANCHALA, MDAMANGALA PO SULIKUNTE HOBLI, BANGARPET TQ KOLAR DT- 563114
2.
MR. MUNIRAJU @ N. MUNIRAJU S/O NARAYANA SWAMY, AGED ABOUT 38 YEARS R/@ HANCHALA, MDAMANGALA PO SULIKUNTE HOBLI, BANGARPET TQ KOLAR DT-563114
3.
MR. SHIVA KUMARA S/O. NAGARAJAPPA AGED ABOUT 32 YEARS R/@ BIGILLI BENJANAHALLI KOLAR TALUK AND DT-563102
4.
MR. SHIVA KUMAR.K.V S/O. VENKATESHAPPA AGED ABOUT 31 YEARS R/@ KEMPASANDRA HALEPALYA PO. TEKAL HOBLI MALUR TALUK KOLAR DT. 563 137
5.
NAVEEN KUMAR.N S/O. NARASHIMHAPPA AGED ABOUT 33 YEARS
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:37708 CRL.P No. 12601 of 2025
R/@ OBATTI VILLAGE HALEPALYA PO TEKAL HO, MALUR TQ KOLAR DT- 563 137 …PETITIONERS (BY SRI. SANDESH CHOUTA, SR. ADVOCATE FOR SRI. MAHENDRA GOWDA. C.R., ADVOCATE)
AND:
STATE OF KARNATAKA BY KALASIPALYA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001 …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO.156/2025 ON THE FILE OF THE HONBLE V ACJM, BENGALURU, REGISTERED BY THE KALASIPALYA POLICE FOR THE ALLEGED OFFENCE P/U/S. 4 AND 5 OF EXPLOSIVE SUBSTANCES ACT 1908, SEC. 6 A AND 9B OF THE EXPLOSIVES ACT 1884 AND SEC. 61(1)(a) AND (b) OF BNS, 2023.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Apart from other objections, office has raised objection regarding maintainability of the petition.
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HC-KAR NC: 2025:KHC:37708 CRL.P No. 12601 of 2025
2. This petition is preferred under Section 483 of the BNSS, 2023 for grant of bail to the petitioners in a case registered in Crime No.156/2025 of Kalasipalya Police Station, Bengaluru City, for the offence punishable under Section 4 and 5 of the Explosive Substances Act, 1908, Section 6(A) and 9(B) of the Explosives Act, 1884 and Section 288, 61(1)(a) and 61(1)(b) of the BNS, 2023.
3. The Court which has rejected the bail petition is a Special Court for the Trial of NIA cases. Offences i.e., Section 4 and 5 of the Explosive Substance Act, 1908 are schedule offences under the Act.
4. A plain reading of Section 21(4) of the NIA Act, 2008, indicates that an appeal lies to the High Court against an
order of the Special Court, granting or refusing of bail.
5. Hence, office objections regarding maintainability is upheld.
6.
Learned counsel for the petitioners would submit that he may be permitted to file an appeal under Section 21(4) of the NIA, Act, 2008, challenging refusal of the bail by the Special Court.
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HC-KAR NC: 2025:KHC:37708 CRL.P No. 12601 of 2025
7. In light of the above submission, petition is dismissed as withdrawn, with liberty as sought for.
8. Registry shall return the certified copies of the document furnished along with the petition, retaining photocopies of the same, forthwith.
Sd/- (MOHAMMAD NAWAZ) JUDGE
LDC List No.: 1 Sl No.: 10