SANTOSH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners under Section 438 of Cr.P.C. seeking anticipatory bail in the event of their arrest in respect of Cr.No.28/2020 registered by the Besagaraghalli Police Station for the offences punishable under Section 286 of IPC, Sections 3 , 4 and 5 of Explosive Substances Act, 1884 Sections 9(a) and 9(b) of Explosives Act, 1884.

(2.) Brief facts of the case is that the respondent-Police have registered a case against the accused persons on the basis of the report made by the Station House Officer alleging that on 3.4.2020, the Station House Officer along with his staffs one Sri.Gangadhar CPC 40, Pradeep Kumar CPC 335 and Dhananjaya CPC 271 were patrolling in their official Jeep No.KA-11-G-383 in the jurisdictional villages of Marliga, Gollaradoddi and giving awareness about the Corona virus to the public at about 6.45 pm and when they were in Arakalludoddi Village, they got information that one Sri.Santosh s/o Marimallaiah and Sri.Mallayya residents of Sinappana Doddi Village have illegally stored ammonium nitrate, gelatin sticks and battis which were used for blasting the stone in a shed besides the Shanideva Temple. It is further alleged that when the police reached the spot at 7.00 p.m. along with panchas, the accused persons escaped from the spot. Thereafter they came to know that the accused persons stored explosive materials dangerous to human life and hence, registered the FIR for the said offences.

(3.) The learned counsel appearing for the petitioners submits that allegations made in the complaint are false and baseless. He further submits that there is no records forthcoming to show that the accused persons have stored the ammonium nitrate and gelatin sticks. Moreover, accused No.2 is aged about 72 years and he is not in a position to move out of his house. He further submits that the petitioners have been falsely implicated in this case while making frivolous allegations. In the event of arrest, the petitioners would be put to great hardship and injustice.