- 1 - HC-KAR NC: 2025:KHC-D:12827 CRL.P No. 103736 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103736 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: CHOKKALINGAN S/O. ARUNACHALAM, AGE. 74 YEARS, OCC. NIL, R/O. SUNNAMBUKARA STREET, PENNAGARAM, DHARMAPURI DISTRICT, STATE: TAMIL NADU, TQ. RON, DIST. GADAG, PIN-636 810. … PETITIONER (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY PUBLIC PROSECUTOR, THROUGH HANUMASAGAR POLICE STATION, PIN-582 209. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN PURSUANCE OF CRIME NO.28/1998 (SC NO.37/2000) REGISTERED BY HANUMSAGAR POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 5 OF INDIAN EXPLOSIVE SUBSTANCE ACT, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12827 CRL.P No. 103736 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The accused in S.C. No.37 of 2000 pending before the Court of the Principal District and Sessions Judge, Koppal, arising out of Crime No.28 of 1998 registered by Hanumasagar Police Station, Koppal, for offences punishable under Sections 3 and 5 of Indian Explosive Substance Act, is before this Court under Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that, on the merits of the case, the petitioner was arrested and was granted regular bail by the jurisdictional Sessions Court earlier. For the reason that, he had not appeared before the trial court, his presence was secured and he was remanded to judicial custody on 28.07.2025. The petitioner has no other criminal antecedents and is aged about 74 years. He shall cooperate before the trial Court for the purpose of - 3 - HC-KAR NC: 2025:KHC-D:12827 CRL.P No. 103736 of 2025 speedy disposal of the case. He was given to understand that his case was closed and therefore, he had returned to his native place at Tamil Nadu. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. She submits that the petitioner hails from Tamil Nadu and it would be very difficult to secure his presence, in the event he is enlarged on bail. Accordingly, she prays to dismiss the petition. 5. Perusal of the material on record would go to show that, the Circle Inspector of Police, Kushtagi Police Station had raided to a spot within the limits of Hanumasagara Police Station on 05.04.2018, and from the land quarrying Survey No.5, in which quarrying activity was being carried on by PKP quarrying, the petitioner who was found in illegal possession of the explosives, was apprehended and the explosive substances were recovered under Mahazar and thereafter FIR in Crime No.28 of 1998 - 4 - HC-KAR NC: 2025:KHC-D:12827 CRL.P No. 103736 of 2025 was registered against the petitioner. According to the learned counsel for the petitioner, the petitioner was working as a Watchman in the said quarry and after the alleged crime, the petitioner was arrested. 6. The material on record would go to show that, the petitioner who was arrested earlier on 05.04.1998, was subsequently granted regular bail by the jurisdictional Sessions Court 05.05.1998. After filing the of the charge sheet, the case was committed to the jurisdictional Sessions Court and petitioner was being tried for the alleged offences in S.C. No.37 of 2000 by the Court of Principal District and Sessions Judge at Koppal. The petitioner had failed to appear before the trial Court and therefore, coercive steps were taken against him to secure his presence and since he could not be secured, the case was transferred to the long pending case register. Subsequently, the petitioner was arrested on 28.07.2025 and on the said day, he was produced before the trial Court and remanded to judicial custody. - 5 - HC-KAR NC: 2025:KHC-D:12827 CRL.P No. 103736 of 2025 7. Be that as it may, the fact remains that on the merits of the case, the petitioner was granted regular bail in the present case. It is not in dispute that the petitioner has no criminal antecedents and is aged about 74 years. The maximum punishment for the alleged offences is imprisonment for a period of ten years. The petitioner has undertaken to cooperate before the trial Court for the purpose of speedy disposal of the case. He also has undertaken to regularly appear before the trial Court on all the dates of hearing, unless the trial Court exempts his appearance. The apprehension expressed by the learned HCGP can be taken care of by imposing appropriate conditions. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail is to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner - accused is directed to be enlarged on bail in S.C. No.37 of 2000 pending before the Court of the Principal District and - 6 - HC-KAR NC: 2025:KHC-D:12827 CRL.P No. 103736 of 2025 Sessions Judge, Koppal, arising out of Crime No.28 of 1998 registered by Hanumasagar Police Station, Koppal, for offences punishable under Sections 3 and 5 of Indian Explosive Substance Act, subject to the following conditions: (i) The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum, out of which one shall be a local surety, to the satisfaction of the jurisdictional Court; (ii) 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; (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences in future. (v) The petitioner shall not leave the jurisdiction of the Trial Court without - 7 - HC-KAR NC: 2025:KHC-D:12827 CRL.P No. 103736 of 2025 permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 30