- 1 - HC-KAR NC: 2026:KHC:13198 CRL.P No. 2061 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2061 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. SHAMS TABREEJ S/O ABDUL SUKOOR AGED ABOUT 37 YEARS. R/ATNO.1543, NEAR INDIRA CANTEEN, KYATAMARANAHALLI BADAVANE, KALYANGIRI, MYSORE CITY – 570 019. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: STATE OF KARNATAKA BY ARAKERE POLICE STATION, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13198 CRL.P No. 2061 of 2026 MYSURU DISTRICT REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU – 560 001. …RESPONDENT (BY SRI. B LAXMAN, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.195/2025 OF THE RESPONDENT NO.1 ARAKERE POLICE STATION, MANDYA DISTRICT FOR THE OFFENCES PUNISHABLE U/S 288, 3(5) OF BNS AND UNDER SECTION 3, 5 OF EXPLOSIVE SUBSTANCES ACT PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT S.R.PATNA AT MANDYA DISTRICT AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13198 CRL.P No. 2061 of 2026 ORAL ORDER 1. This petition is filed by the petitioner who is arrayed as sole accused in Crime No.195/2025 filed by the respondent- Police for the offences punishable under Section 288 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 3 and 5 of Explosive Substances Act, 1908. Factual matrix of the case: 2. The case of the prosecution is that on 25.12.2025 at 03.15 p.m. a complaint came to be registered by the complainant against unknown person who was transporting electronic detonators in Honda Activa Scooter bearing registration number KA-09-JL-6019 without any permit or license. Based on the said information, the complainant along with other staff and two panchas were waiting near the Mahadevapura – Mysuru road at Chikkaankanahalli Gate. At about 03.30 p.m, it is stated that one scooter came from Mahadevapura – Mysuru road, on seeing the Police, the rider of the scooter tried to turn back the said scooter on the same direction. However, the complainant and others chased and caught hold him. On enquiry the complainant came to know - 4 - HC-KAR NC: 2026:KHC:13198 CRL.P No. 2061 of 2026 that the said vehicle was the same in which they were transporting electronic detonators. The respondent-Police seized the same. Thereafter, a case came to be registered against the petitioner. The investigation is under progress. 3. Heard Sri. Gaurav Subramanyam, learned counsel for the petitioner and Sri. B. Laxman, learned High Court Government Pleader for respondent. 4. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences. He was working as a labour and he was going to his work on the scooter. However, a false case has been registered against the petitioner stating that he was transporting electronic detonators in order to show the statistics to their higher officials. It is further submitted that the petitioner is a hard working labourer who is aged about 37 years. He is a permanent resident of Kyatamaranahalli Badavane, Mysore. He is the earning member of the family. The entire family is depending on his income. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide the conditions in the event of his - 5 - HC-KAR NC: 2026:KHC:13198 CRL.P No. 2061 of 2026 release on bail. Making such submissions learned counsel for the petitioner prays to allow the petition. 5. Per Contra, the learned High Court Government Pleader for respondent vehemently submitted that the electronic detonators were being transported by him on his motorcycle. It was seized red handedly by the complainant and his officials. The petitioner was not having any license/permit to keep the same. Using the explosive substances without any valid permission is an offence and it causes hazardous to the environment. Therefore, it is not appropriate to grant the relief as prayed for. Hence, the petition has to be rejected. Making such submissions learned High Court Government Pleader prays to reject the petition. 6. Heard learned counsel for the respective parties and perused the averments of the complaint. The petitioner is stated to have been transporting electronic detonators on his motorcycle. However, the investigating authority has not made proper investigation as to where the detonators was being used etc., - 6 - HC-KAR NC: 2026:KHC:13198 CRL.P No. 2061 of 2026 7. On careful reading of the averments of the complaint, it appears that prima-facie, the petitioner has made out a case to grant bail. Without adverting the merits of the case, it is appropriate to grant him bail by imposing suitable conditions. 8. Hence, I proceed to pass the following: ORDER i. This Criminal Petition is allowed. ii. The petitioner is enlarged on bail in Crime No.195/2025 filed by respondent – Police for the offences punishable under Section 288 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and under Section 3 and 5 of Explosive Substances Act, 1908 on executing a personal bond for a sum of Rs.1,00,000/- with one (01) surety for the like sum of the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2026:KHC:13198 CRL.P No. 2061 of 2026 iii. The petitioner shall not commit any similar offence till disposal of the present case. iv. The petitioner shall appear before the Trial Court on all hearing dates, without fail. v. The petitioner shall not tamper the prosecution witnesses. In case, if, the petitioner violates any of the conditions stated above, liberty is reserved to the prosecution to take appropriate steps for cancellation of the bail. Sd/- (S RACHAIAH) JUDGE NM