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2025 DAILYLAW 73782 (KAR)

G R KUBENDRAPPA @ KUBERA v. THE STATE OF KARNATAKA

CRL.P/10602/2025 · 2025-08-14

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31621 CRL.P No. 10602 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10602 OF 2025 BETWEEN: G.R. KUBENDRAPPA @ KUBERA S/O RANGAPPA, AGED ABOUT 44 YEARS, OCC: PAINTER, R/O YALAGODU VILLAGE, BHARAMSAGAR HOBLI, CHITRADURGA TALUK AND DISTRICT -577 519. …PETITIONER (BY SRI. P.B. UMESH, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY JAGALUR POLICE STATION, DAVANAGERE RURAL SUB-DIVISION, DAVANAGERE DISTRICT-577 528. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001) …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482 BNSS) PRAYING TO DIRECT THE CONCERNED POLICE OF JAGALUR POLICE STATION, DAVANAGERE DISTRICT TO Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31621 CRL.P No. 10602 of 2025 ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.129/2025 OF JAGALUR POLICE STATION, (REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 288 R/W 3(5) OF BNS-2023 (CORRESPONDING PROVISION: SECTION 286 IPC R/W 34 IPC) AND SECTION 9B1 OF EXPLOSIVE ACT 1884, NOW PENDING ON THE FILE OF PRL. CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, JAGALUR, DAVANAGERE DISTRICT IN THE EVENT OF THE ARREST WITH SUCH CONDITIONS. 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. Petitioner is seeking anticipatory bail in a case registered in Crime No.129/2025 of Jagalur Police Station, for the offence punishable under Section 288 r/w 3(5) of BNS, 2023 and Section 9(b)(1) of the Explosives Act, 1984. 3. It is alleged in the complaint lodged by one Maruthi working as a Police constable at Jagalur Police Station that on 07.06.2025 between 9.30 – 10.00 p.m., - 3 - HC-KAR NC: 2025:KHC:31621 CRL.P No. 10602 of 2025 accused have illegally caused explosion in front of the Taluk Office, Jagalur Town. 4. As per complaint averments, he received the information at about 10.15 p.m., on 07.06.2025 and on that basis he lodged a complaint. 5. According to prosecution, contract was given by the Minority Development Corporation to one Chandramouli Oil and Engineering Works Company for undertaking drainage work and in that process, the site manager Arun Kumar (accused No.1), contractor-Sreejith (accused No.2) along with the petitioner and others, without any license or permit caused the explosion using explosive substances, having knowledge that the same is dangerous to human life and property. 6. As per the complaint, contract was given to one Chandramouli Oil and Engineering Works Company, for undertaking the work, wherein accused No.1 is working as a site Manager. Accused No.2 is said to be the Contractor. - 4 - HC-KAR NC: 2025:KHC:31621 CRL.P No. 10602 of 2025 7. Learned High Court Government Pleader contended that the petitioner herein has undertaken the work for Rs.50,000/- and he has received Rs.20,000/- to do the work. He contended that the petitioner is required for custodial interrogation and therefore, he is not required for further interrogation. 8. The allegations that the work was undertaken by the petitioner from other accused and he caused explosion illegally, is a matter which has to be established in due course. As per complaint averments, on receiving a credible information, the complainant has lodged the complaint against accused Nos.1 to 3 and others, wherein the petitioner is arraigned as accused No.3. Offences alleged are not punishable with death or imprisonment for life. Petitioner has undertaken to offer sufficient surety to ensure his presence before the trial Court and to cooperate with the investigation of the case. The apprehension of prosecution can be taken care of by imposing suitable conditions. Hence, the following: - 5 - HC-KAR NC: 2025:KHC:31621 CRL.P No. 10602 of 2025 ORDER i. Petition is allowed. ii. Petitioner/accused No.3 in Crime No. 129/2025 of Jagalur Police Station, Davanagere, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum and shall cooperate with the investigation. b) He shall furnish his residential address/contact number and shall inform the I.O in case of change in the address/contact number. c) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. d) He shall not commit similar offence. - 6 - HC-KAR NC: 2025:KHC:31621 CRL.P No. 10602 of 2025 e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 42