Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:38079 CRL.P No. 12669 of 2025 C/W CRL.P No. 12643 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12669 OF 2025 C/W CRIMINAL PETITION NO. 12643 OF 2025
IN CRL.P No. 12669/2025
BETWEEN:
1. RAMASHETTY S/O CHIKKAMASANASETTY, AGED ABOUT 58 YEARS, R/AT: UPPARA BEEDI, KUNEGALLI VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA -571 442. 2. SOMANNA S/O MALLASETTY, AGED ABOUT 47 YEARS, R/AT: UPPARA BEEDI, KUNEGALLI VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA -571 442. …PETITIONERS (BY SRI. ANIL KUMAR, ADVOCATE FOR SRI. PARAMESHWARAPPA C., ADVOCATE)
AND:
STATE OF KARNATAKA BY KUDERU POLICE STATION, CHAMARAJNAGAR-571 316. REPRESENTED BY
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:38079 CRL.P No. 12669 of 2025 C/W CRL.P No. 12643 of 2025
THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH THE IN CRIME NO.10/2025 OF THE KODERU POLICE STATION, PENDING ON THE FILE OF THE COURT OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT AT YELANDUR FOR THE OFFENCES PUNISHABLE UNDER SECTION 4, 5 OF THE EXPLOSIVE SUBSTANCES ACT, 1908 AND SECTION 9B(1)(b) OF THE EXPLOSIVE ACT, 1884 AND SECTION 325 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023. IN CRL.P NO. 12643/2025
BETWEEN:
1. RAMASHETTY S/O CHIKKAMASANASETTY, AGED ABOUT 58 YEARS, R/AT: UPPARA BEEDI, KUNAHALLI VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA -571 442. 2. SOMANNA S/O MALLASETTY, AGED ABOUT 47 YEARS, R/AT: UPPARA BEEDI, KUNAHALLI VILLAGE,
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HC-KAR NC: 2025:KHC:38079 CRL.P No. 12669 of 2025 C/W CRL.P No. 12643 of 2025
KOLLEGALA TALUK, CHAMARAJANAGARA -571 442. ...PETITIONERS (BY SRI. ANIL KUMAR, ADVOCATE FOR SRI. PARAMESHWARAPPA C., ADVOCATE)
AND:
STATE OF KARNATAKA BY KUDERU POLICE STATION, CHAMARAJNAGAR-571 316. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. ...RESPONDENT (BY SRI.
K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH THE IN CRIME NO.9/2025 OF THE KODERU POLICE STATION, PENDING ON THE FILE OF THE COURT OF THE PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM COURT AT YELANDUR, CHAMARAJANAGARA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTION 4, 5 OF THE EXPLOSIVE SUBSTANCES ACT, 1908 AND SECTION 9B(1)(b) OF THE EXPLOSIVE ACT, 1884 AND SECTION 325 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:38079 CRL.P No. 12669 of 2025 C/W CRL.P No. 12643 of 2025
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
COMMON ORAL ORDER
Heard both sides and perused the material on record.
2. Petitioners are common in both the petitions.
3.
Learned counsel for the petitioners has contended that FIR in both the cases are registered against unknown persons. However, the police are making hectic efforts to arrest the petitioners, without any basis and only on the ground that they were arrested in a similar case registered by Rampura Police Station, Chamarajanagara in Cr.No.36/2025. He submitted that in the said case, petitioners have been enlarged on bail and they are co-operating with the investigation.
4. Crl.P.No.12669/2025 arises out of Cr.No.10/2025 and Crl.P.No.12463/2025 arises out of Cr.No.9/2025 and both the cases are registered at Kuderu Police Station, Chamarajanagar, for the offence punishable under Section 4 and 5 of the Explosive Substances Act,
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HC-KAR NC: 2025:KHC:38079 CRL.P No. 12669 of 2025 C/W CRL.P No. 12643 of 2025
1908, under Section9B(1)(b) of the Explosive Act, 1884 and under Section 325 of BNS, 2023.
5. The complaint was lodged on 28.01.2025 by one Gurusiddaiah, who is an agricultural labourer by occupation and owns one cow and a calf. It is alleged that on the said date i.e., 28.01.2025, as usual, the complainant had taken his cow and calf for grazing and had left them in the fallow land belonging to one Shivappa of Yalakkuru Gudde. At about 1:00 p.m., while the cattle were grazing, the complainant heard a loud explosive sound near the place where his cow was feeding, followed by the cow’s loud cries. On turning back, he noticed that the cow’s mouth had been severely injured and was bleeding profusely. Upon inspection, it was revealed that some unknown miscreants had allegedly placed an explosive substance concealed within green fodder, which the cow had bitten, causing an explosion and serious injuries to the said cow. The complainant thereafter
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HC-KAR NC: 2025:KHC:38079 CRL.P No. 12669 of 2025 C/W CRL.P No. 12643 of 2025
immediately took the injured cow to the Government Veterinary Hospital at Santemarhalli for treatment.
6. FIRs are registered against unknown persons. At this stage, except suspicion raised against the petitioners, there is no other material to show that the petitioners have committed the offence alleged in the FIR. The prosecution has to establish its case in due course. Petitioners have undertaken to co-operate with the investigation of the case. Hence, the following:
ORDER
1. Petitions are allowed.
2. Petitioners/accused Nos.1 and 2 in Crime Nos.9 and 10 registered by Kuderu Police Station, Chamarajanagar, shall be released in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall
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HC-KAR NC: 2025:KHC:38079 CRL.P No. 12669 of 2025 C/W CRL.P No. 12643 of 2025
execute a personal bond in each case, for a sum of Rs.1,00,000/-(Rupees one lakh only) each, with a surety for the likesum. b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) They shall co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings.
Sd/- (MOHAMMAD NAWAZ) JUDGE
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