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2026 DAILYLAW 30593 (KAR)

SRI MALLIKARJUN RAKKASAGI v. THE STATE OF KARNATAKA

CRL.P/9018/2026 · 2026-07-23

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010416842026 NC: 2026:KHC:38176 CRL.P No. 8840 of 2026 C/W CRL.P No. 8846 of 2026 CRL.P No. 9018 of 2026 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8840 OF 2026 C/W CRIMINAL PETITION NO. 8846 OF 2026 CRIMINAL PETITION NO. 9018 OF 2026 CRIMINAL PETITION NO. 9028 OF 2026 IN CRL.P NO. 8840/2026 BETWEEN: SRI JOHN MILTON D. S/O. MR. DANIEL D. AGED ABOUT 30 YEARS, R/AT NO.416/A, NT BLOCK, OORGAUM, KGF, KOLAR DISTRICT - 563 120 …PETITIONER (BY SRI. BHAT GANAPATHI NARAYANA, ADVOCATE) AND: THE STATE OF KARNATAKA THE STATION HOUSE OFFICER, ANEKAL POLICE STATION, BANGALORE - 560 001 REPRESENTED BY ITS PUBLIC PROSECUTOR. …RESPONDENT (BY SRI. RANGASWAMY .R, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010416842026 NC: 2026:KHC:38176 CRL.P No. 8840 of 2026 C/W CRL.P No. 8846 of 2026 CRL.P No. 9018 of 2026 AND 1 OTHER THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ORDER FOR RELEASE OF THE PETITIONER, IN THE EVENT OF ARREST ARISING OUT OF CR.NO.169/2026 REGISTERED BY ANEKAL P.S., PENDING BEFORE THE PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, AT ANEKAL, FOR THE OFFENCE P/U/S 5 OF EXPLOSIVE SUBSTANCES ACT, 1908, U/S 9B(1)(B) OF EXPLOSIVE ACT, 1884, U/S 21(4), 21(5), 4(1), 21(4A), 4(1A), 21(1) OF MMDR ACT, 1957, U/S 288 OF BNS, 2023. IN CRL.P NO. 8846/2026 BETWEEN: 1. SRI VENKATESH S/O. LATE. DORAISWAMY, AGED ABOUT 42 YEARS, R/AT. NO.36, 6TH CROSS, 30TH MAIN, BSK 3RD STAGE, BANGALORE - 560 085 2. SRI. VADIVELU S/O. LATE. DORAISWAMY, AGED ABOUT 47 YEARS, R/AT. NO.36, 6TH CROSS, 30TH MAIN, BSK 3RD STAGE, BANGALORE - 560085 3. SRI. KRISHNAMURTHY S/O. LATE. DORAISWAMY, AGED ABOUT 39 YEARS, R/AT. NO.36, 6TH CROSS, 30TH MAIN, BSK 3RD STAGE, BANGALORE - 560 085 …PETITIONERS (BY SRI. BHAT GANAPATHI NARAYANA, ADVOCATE) - 3 - HC-KAR CNR: KAHC010416842026 NC: 2026:KHC:38176 CRL.P No. 8840 of 2026 C/W CRL.P No. 8846 of 2026 CRL.P No. 9018 of 2026 AND 1 OTHER AND: THE STATE OF KARNATAKA THE STATION HOUSE OFFICER, ANEKAL POLICE STATION, BANGALORE - 560 001 REPRESENTED BY ITS PUBLIC PROSECUTOR. …RESPONDENT (BY SRI. RANGASWAMY .R, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO RELEASE OF THE PETITIONER IN THE EVENT OF ARREST P/U/S 5 OF EXPLOSIVE SUBSTANCE ACT, 1908 AND SEC.9B(1)(B) OF EXPLOSIVE ACT 1884 AND SEC.21(4), 21(5), 4(1), 21(4A), 4(1A), 21(1) OF MINES AND MINERALS REGULATIONS OF DEVELOPMENT ACT 1957 AND SEC.288 OF BNS 2023 IN CRIME NO.169/2026 OF ANEKAL POLICE STATION, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC COURT AT ANEKAL. IN CRL.P NO. 9018/2026 BETWEEN: 1. SRI. MALLIKARJUN RAKKASAGI S/O. LATE. YENKAPPA, AGED ABOUT 49 YEARS, R/AT. AMBARISH, SURAGAJAKKANAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 106 2. SRI. RAMITH SINGH S/O. MR. HARISH SINGH, - 4 - HC-KAR CNR: KAHC010416842026 NC: 2026:KHC:38176 CRL.P No. 8840 of 2026 C/W CRL.P No. 8846 of 2026 CRL.P No. 9018 of 2026 AND 1 OTHER AGED ABOUT 36 YEARS, R/AT. THAMMANAYAKANAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 106 3. SRI. MARUTHI S/O. MR. MANJUNATH, AGED ABOUT 29 YEARS, R/AT. THAMMANAYAKANAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 106 …PETITIONERS (BY SRI. BHAT GANAPATHI NARAYANA, ADVOCATE) AND: THE STATE OF KARNATAKA THE STATION HOUSE OFFICER, ANEKAL POLICE STATION, BANGALORE - 560 001 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR. HIGH COURT OF KARANATAKA, BENGALURU. …RESPONDENT (BY SRI. RANGASWAMY .R, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT BAIL IN FAVOUR OF THE PETITIONER REGISTERED BY THE RESPONDENT POLICE I.E., ANEKAL POLICE STATION IN CRIME NO.169/2026 FOR THE OFFENCE P/U/S 5 OF THE EXPLOSIVE SUBSTANCES ACT 1908, SECTION 9B(1)(B) OF THE EXPLOSIVE ACT 1884, SECTIONS 21(4), - 5 - HC-KAR CNR: KAHC010416842026 NC: 2026:KHC:38176 CRL.P No. 8840 of 2026 C/W CRL.P No. 8846 of 2026 CRL.P No. 9018 of 2026 AND 1 OTHER 21(5), 4(1), 21(4A), 4(1A), 21(1) OF THE MINES AND MINERALS REGULATION OF DEVELOPMENT ACT, 1957 AND SECTION 288 OF THE BNS 2023 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT ANEKAL, BY ALLOWING THE ABOVE PETITION. IN CRL.P NO. 9028/2026 BETWEEN: 1. M/S. VELMURUGAN EXPLOSIVES PARTNERSHIP FIRM, REGISTERED UNDER THE PARTNERSHIP ACT, REP BY ITS PARTNERS OFFICE AT: NO.282/1 & 282/2A, KOTTANGEREI VILLA, PEDDASIGGARAPALLI POST, ANKONDAPPALLI, KRISHNAGIRI REP BY ITS AUTHORIZED SIGNATORIES 2. MR. MOTHISH KUMAR M.D. S/O DEENADAYAL M. AGED ABOUT 29 YEARS, R/AT 1/3, PLOT NO.36, 1ST FLOOR, NANASU VILLAGE LAYOUT, NEAR PRESTIGE PARK GROVE, CHIKKA BANAHALLI VILLAGE, BENGALURU 3. MR. P. JAGADEESAN AGED ABOUT 47 YEARS R/AT NO 30, KRISHNA NAGAR, NEAR HERO SHOWROOM, BERAGAI ROAD, SHOOLAGIRI TOWN, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMILNADU - 635 117 …PETITIONERS (BY SRI. BHAT GANAPATHI NARAYANA, ADVOCATE) - 6 - HC-KAR CNR: KAHC010416842026 NC: 2026:KHC:38176 CRL.P No. 8840 of 2026 C/W CRL.P No. 8846 of 2026 CRL.P No. 9018 of 2026 AND 1 OTHER AND: THE STATE OF KARNATAKA THE STATION HOUSE OFFICER, ANEKAL POLICE STATION, BANGALORE - 560 001 REPRESENTED BY ITS PUBLIC PROSECUTOR. …RESPONDENT (BY SRI. RANGASWAMY .R, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ORDER FOR RELEASE OF THE PETITIONER IN THE EVENT OF ARREST P/U/S 5 OF EXPLOSIVE SUBSTANCES ACT 1908 AND SECTION 9B(1)(B) OF EXPLOSIVE ACT 1884 AND SECTION 21(4), 21(5), 4(1), 21(4A), 4(1A), 21(1) OF MINES AND MINERALS REGULATION OF DEVELOPMENT ACT 1957, AND SECTION 288 OF BNS 2023 IN CRIME NO.169/2026 OF ANEKAL POLICE STATION ON THE FILE OF THE PRL.CIVIL JUDGE AD JMFC COURT AT ANEKAL. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 to 3 and 5 to 9 in Crime No.169/2026 registered by Anekal Police Station, Bengaluru, for the offences punishable under Section 5 of the Explosive Substances Act, 1908, Section 9B(1)(b) of the Explosive Act, 1884, Sections - 7 - HC-KAR CNR: KAHC010416842026 NC: 2026:KHC:38176 CRL.P No. 8840 of 2026 C/W CRL.P No. 8846 of 2026 CRL.P No. 9018 of 2026 AND 1 OTHER 21(4), 21(5), 4(1), 21(4A), 4(1A) and 21(1) of the Mines and Minerals Regulation of Development Act, 1957 and Section 288 of BNS, 2023, are before this Court in these petitions filed under Section 483 of BNSS, 2023 and Section 482 of BNSS, 2023, seeing regular bail and anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.169/2026 was registered by Anekal Police Station, Bengaluru, for the aforesaid offences against one Malikarjun and others based on the first information dated 03.06.2026 received from Smt. Munirathna, police officer attached to Anekal Police Station, Bengaluru. In the said case, accused Nos.1 to 3 were arrested on 03.06.2026 and remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5270/2026 was rejected on 15.06.2026. Therefore, they are before this Court in Crl.P.No.9018/2026. Apprehending arrest in the case, accused Nos.5, 7 to 9 had filed Crl.Misc.No.5272/2026 and accused No.6 had filed Crl.Misc.No.5281/2026 before the jurisdictional Sessions Court, which were rejected on - 8 - HC-KAR CNR: KAHC010416842026 NC: 2026:KHC:38176 CRL.P No. 8840 of 2026 C/W CRL.P No. 8846 of 2026 CRL.P No. 9018 of 2026 AND 1 OTHER 15.06.2026 and 17.06.2026 respectively. Therefore, they are before this Court in Crl.P.No.8840/2026, 8846/2026 and 9028/2026. 4. Learned counsel for the petitioners submits that accused Nos.1 to 3 are the workers in the quarry, which belongs to Smt. Papamma, who has a valid quarry license. Accused No.5 is the Manager of the quarry and accused No.6 is the person having explosives license with whom Smt. Papamma had entered into an agreement. Accused Nos.7 to 9 are the children of Smt. Papamma. He submits that FIR has been registered only for the reason that explosives were found to be stocked in the quarry in a manner endangering the safety of public and workers. Accused No.4, who was arrested in the present case has been granted regular bail by this Court in Crl.P.No.8855/2026. Accordingly, he prays to allow the petitions. 5. Per contra, learned HCGP, who has opposed to petitions, however, does not that there is no damage to any person or property as a result of the alleged act committed by the - 9 - HC-KAR CNR: KAHC010416842026 NC: 2026:KHC:38176 CRL.P No. 8840 of 2026 C/W CRL.P No. 8846 of 2026 CRL.P No. 9018 of 2026 AND 1 OTHER accused persons. He submits that accused Nos.5 and 6 had the responsibility of storing the explosive in a proper manner. 6. Perusal of the material on record would go to show that FIR was registered in the present case based on the first information received from police officer attached to Anekal Police Station, Bengaluru, for the reason that explosives were found stored in the quarry of Smt. Papamma in a haphazard manner, endangering the safety of public and the workers in the quarry. Undisputedly, no damage has been caused to the life or property of anybody. Accused No.4, who was working as a supervisor in the quarry, has been granted regular bail by this Court in Crl.P.No.8855/2026 disposed off on 10.07.2026. The alleged offences are not punishable with death or life imprisonment. Major portion of the investigation is already completed. It is not in dispute that petitioners herein do not have any criminal antecedents. Considering the aforesaid aspects of the matter and nature of allegations found in the first information, I am of the opinion that the prayer made by the petitioners is required to be granted. Accordingly, the following order:- - 10 - HC-KAR CNR: KAHC010416842026 NC: 2026:KHC:38176 CRL.P No. 8840 of 2026 C/W CRL.P No. 8846 of 2026 CRL.P No. 9018 of 2026 AND 1 OTHER 7. The petitions are allowed. The petitioners/accused Nos.1 to 3 are directed to be enlarged on bail in Crime No.169/2026 registered by Anekal Police Station, Bengaluru, for the offences punishable under Section 5 of the Explosive Substances Act, 1908, Section 9B(1)(b) of the Explosive Act, 1884, Sections 21(4), 21(5), 4(1), 21(4A), 4(1A) and 21(1) of the Mines and Minerals Regulation of Development Act, 1957 and Section 288 of BNS, 2023, subject to the following conditions: a) Petitioners/accused Nos.1 to 3 shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners/accused Nos.1 to 3 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners/accused Nos.1 to 3 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners/accused Nos.1 to 3 shall not involve in similar offences in future; - 11 - HC-KAR CNR: KAHC010416842026 NC: 2026:KHC:38176 CRL.P No. 8840 of 2026 C/W CRL.P No. 8846 of 2026 CRL.P No. 9018 of 2026 AND 1 OTHER e) The petitioners/accused Nos.1 to 3 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. 8. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners/accused Nos.5 to 9 in the event of their arrest in Crime No.169/2026 registered by Anekal Police Station, Bengaluru, for the offences punishable under Section 5 of the Explosive Substances Act, 1908, Section 9B(1)(b) of the Explosive Act, 1884, Sections 21(4), 21(5), 4(1), 21(4A), 4(1A) and 21(1) of the Mines and Minerals Regulation of Development Act, 1957 and Section 288 of BNS, 2023, subject to the following conditions: 1. The Petitioners/accused Nos.5 to 9 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. - 12 - HC-KAR CNR: KAHC010416842026 NC: 2026:KHC:38176 CRL.P No. 8840 of 2026 C/W CRL.P No. 8846 of 2026 CRL.P No. 9018 of 2026 AND 1 OTHER 2. Petitioners/accused Nos.5 to 9 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners/accused Nos.5 to 9 shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners/accused Nos.5 to 9 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 65