SRI MOURYA S GOWDA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 1842 OF 2024
C/W
CRIMINAL PETITION NO. 1109 OF 2024
CRIMINAL PETITION NO. 1418 OF 2024
CRIMINAL PETITION NO. 1453 OF 2024
CRIMINAL PETITION NO. 1454 OF 2024
CRIMINAL PETITION NO. 1912 OF 2024
CRIMINAL PETITION NO. 1959 OF 2024
CRIMINAL PETITION NO. 2262 OF 2024
CRIMINAL PETITION NO. 2532 OF 2024
IN CRL.P No. 1842/2024
BETWEEN:
SRI MOURYA S GOWDA
S/O SRI SRIDHARA H.B.,
AGED ABOUT 23 YEARS,
R/OF HARIHARAPURA VILLAGE
KASABA HOBLI,
K.R PETE TALUK
MANDYA DISTRICT-571 605
…PETITIONER
(BY SRI. ARUNASHYAM, SERNIOR COUNSEL FOR
SRI. K ABHINAV ANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO OF
NAGAMANGALA RURAL POLICE STATION,
MANDYA DISRICT-571432
REPRESENTED BY THE
LEARNED STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS
BENGALURU-560 001
2. SRI SATHEESHA
Digitally signed by
PANKAJA S
Location: HIGH
COURT OF
KARNATAKA
- 2 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
POLICE SUB-INSPECTOR
NAGAMANGALA RURAL POLICE STATION
MANDYA DISTRICT-571 432
…RESPONDENTS
(BY SRI. MAHESHA P, HCGP FOR R1 AND R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN
SPL.C.NO.159/2023 U/S 3, 5 OF EXPLOSIVE SUBSTANCES OF
ACT, 19008 AND SEC. 286 OF IPC, ON THE FILE OF THE PRL.
DISTRICT AND SESSIONS JUDGE, MANDYA DISTRICT,
MANDAYA, AS PER CHARGE SHEET ANNEXURE-C, ARISING OUT
OF CR.NO.248/2021 OF THE 1ST RESPONDENT NAGAMANGALA
RURAL POLICE STATION AS PER ANNEXURE-B.
IN CRL.P NO. 1109/2024
BETWEEN:
1. SRI. MOURYA S. GOWDA
S/O. SRI. SRIDHARA. H. B.,
AGED ABOUT 23 YEARS,
2. SRI. SRIDHARA. H. B.
S/O. BOREGOWDA,
AGED ABOUT 55 YEARS,
PETITIONERS 1 & 2 ARE
RESIDENTS OF HARIHARAPURA VILLAGE,
KASABA HOBLI, K.R. PETE TALUK,
MANDYA DISTRICT-571 605.
...PETITIONERS
(BY SRI. ARUNA SHYAM, SENIOR COUNSEL FOR
SRI. K ABHINAV ANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO OF
PANDAVAPURA POLICE STATION,
- 3 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
MANDYA DISTRICT-571 434,
REPRESENTED BY THE
LEARNED STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU-560 001.
2. SRI. PRABHAKAR. K
POLICE INSPECTOR,
PANDAVAPURA POLICE STATION,
MANDYA DISTRICT.
...RESPONDENTS
(BY SRI. MAHESHA P, HCGP FOR R1 & R2)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO
QUASH THE CRIMINAL CASE IN C.C.NO.978/2021 UNDER
SEC.3,5,9(b) OF EXPLOSIVE SUBSTANCES ACT, 1908,
SEC.286,511 OF IPC AND SEC.4(1),4(1-A),21,22 OF MINES
AND MINERALS (REGULATION AND DEVELOPMENT) ACT
ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C
PANDAVAPURA MANDYA DISTRICT AS PER ANNEXURE-C
ARISING OUT OF CR.NO.219/2020 OF THE 1ST
RESPONDENT POLICE STATION AS PER ANNEXURE B AND
B1 IN SO FAR AS THEY ARE CONCERNED AS ACCUSED 4
AND 5.
IN CRL.P NO. 1418/2024
BETWEEN:
1. SRI MOURYA S GOWDA
S/O SRI SRIDHARA H B
AGED ABOUT 23 YEARS
2. SRI SRIDHARA H B
S/O BOREGOWDA
AGED ABOUT 55 YEARS
PETITIONERS 1 & 2 ARE
RESIDENTS OF
HARIHARAPURA VILLAGE
KASABA HOBLI
- 4 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
K.R PETE TALUK
MANDYA DISTRICT - 571 605
...PETITIONERS
(BY SRI. ARUNA SHYAM, SENIOR COUNSEL FOR
SRI. K ABHINAV ANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO OF
PANDAVAPURA POLICE STATION
MANDYA DISTRICT - 571434
REPRESENTED BY THE
LEARNED STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001
2. SRI PRABHAKAR K
POLICE STATION
PANDAVAPURA POLICE STATION
MANDYA DISTRICT - 571 434
...RESPONDENTS
(BY SRI. MAHESHA P, HCGP FOR R1 & R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.981/2021
OF THE COURT OF THE LEARNED CIVIL JUDGE AND J.M.F.C
PANDAVAPURA MANDYA DISTRICT UNDER SEC.3,5 OF
EXPLOSIVE SUBSTANCES ACT 1908, SEC.286,427 OF IPC
AND SEC.4(1),4(1-A) 21 AND 22 OF MINES AND MINERALS
(REGULATION AND DEVELOPMENT) ACT AS PER CHARGE
SHEET ANNEXURE-C ARISING OUT OF CR.NO.220/2020 OF
THE 1ST RESPONDENT - PANDAVAPURA POLICE STATION
AS PER ANNEXURE-B IN SO FAR AS THEY ARE CONCERNED
AS ACCUSED 2 AND 3.
- 5 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
IN CRL.P NO. 1453/2024
BETWEEN:
1. SRI MOURYA S GOWDA
S/O SRI SRIDHARA H.B
AGED ABOUT 23 YEARS
2. SRI SIRDHARA H.B
S/O BOREGOWDA
AGED ABOUT 55 YEARS
PETITIONERS 1 & 2 ARE
RESIDENTS OF HARIHARAPURA VILLAGE
KASABA HOBLI, K.R PETE TALUK
MANDYA DISTRICT-571 605
...PETITIONERS
(BY SRI. ARUNA SHYAM, SENIOR COUNSEL FOR
SRI. K. ABHINAV ANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO OF
PANDAVAPURA POLICE STATION
MANDYA DISTRICT-571434
REPRESENTED BY THE
LEARNED STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560 001
2. SRI PRABHAKAR R
POLICE INSPECTOR
PANDAVAPURA POLICE STATION
MANDYA DISTRICT-571 434
...RESPONDENTS
(BY SRI. MAHESHA, HCGP FOR R1 & R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE CRIMINAL CASE IN C.C.NO.979/2021 OF THE
COURT OF THE LEARNED CIVIL JUDGE AND JMFC
- 6 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
PANDAVAPURA, MANDYA DISTRICT U/S.3,5 OF
EXPLOSIVES SUBSTANCE ACT 1908 SEC.286,511 OF IPC
AND SEC.4(1),4(1-A),21,22 OF MINES AND MINERALS
(DEVELOPMENT AND REGULATION) ACT 1957 AS PER
CHARGE SHEET ANNEXURE C ARISING OUT OF
CR.NO.355/2020 OF THE Ist RESPONDENT PANDAVAPURA
POLICE STATION REGISTERED ON 12.12.2020 AS PER
ANNEXURE B IN SO FAR AS THEY ARE CONCERNED AS
ACCUSED NO.3,4.
IN CRL.P NO. 1454/2024
BETWEEN:
1. SRI MOURYA GOWDA
S/O SRI SRIDHARA
AGED ABOUT 23 YEARS
2. SRI SRIDHARA H.B
S/O BOREGOWDA
AGED ABOUT 55 YEARS
PETITIONERS 1 & 2 ARE
RESIDENTS OF HARIHARAPURA VILLAGE
KASABA HOBLI, K.R PETE TALUK
MANDYA DISTRICT-571 605
...PETITIONERS
(BY SRI. ARUNASHYAM, SENIOR COUNSEL FOR
SRI. K ABHINAV ANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRSENTED BY SHO OF
PANDAVAPURA POLICE STATION
MANDYA DISTRICT-571434
REPRSENTED BY THE LEARNED
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560 001
- 7 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
2. SRI PRABHAKAR K
POLICE INSEPCTOR
PANDAVAPURA POLICE STATION
MANDYA DISTRICT-571 434
...RESPONDENTS
(BY SRI. MAHESHA P, HCGP)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.982/2021
OF THE COURT OF THE LEARNED CIVIL JUDGE AND JMFC,
PANDAVAPURA, MANDYA DISTRICT, U/S 3, 5, 9B OF
EXPLOSIVE SUBSTANCES ACT, 1908, SEC. 286, 511 OF IPC
AND SEC. 4(1), 4(1-A), 21 AND 22 OF MINES AND
MINERALS (REGULATION AND DEVELOPEMTN) ACT, 1957,
AS PER ANNEXURE-C ARISING OUT OF CR.NO.306/2020 OF
THE 1ST RESPONDENT PANDAVAPURA POLICE STATION AS
PR ANNEXURE-B, IN SO FAR AS THEY ARE CONCERNED AS
ACCUSED 4 AND 5.
IN CRL.P NO. 1912/2024
BETWEEN:
SRI GANGOJI RAO D J @ GANGOJI
S/O LATE SRI. JAIMUNIRAO,
AGED ABOUT 45 YEARS,
R/AT
PERMANENT ADDRESS
DYAVASANDRA VILLAGE,
TARIDAL POST, TONDEBAVI HOBLI,
GOURIBIDANUR TALUK,
CHIKKABALLAPUR DISTRICT - 561208
PRESENT ADDRESS
ST
SAI LAYOUT, 1 STAGE,
SINGANAYAKANAHALLI,
YELAHANKA, BENGALURU - 560 064.
...PETITIONER
(BY SRI. ARUNA SHYAM, SENIOR COUNSEL FOR
SRI. K. ABHINAV ANAND, ADVOCATE)
- 8 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO OF
BAGEPALLI POLICE STATION,
CHIKKABALLAPURA DISTRICT - 561207
REPRESENTED BY THE
LEARNED STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS,
BENGALURU - 560 001.
2. CIRCLE INSPECTOR OF POLICE
BAGEPALLI CIRCLE, BAGEPALLI,
CHIKKABALLAPURA DISTRICT - 561 207
...RESPONDENTS
(BY SRI. MAHESHA P, HCGP)
THIS CRL.P FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.765/2023
OF THE COURT OF THE LEARNED CIVIL JUDGE AND JMFC,
BAGEPALLI, CHIKKABALLAPURA DISTRICT, U/S 3, 4 AND 5
OF THE EXPLOSIVE SUBSTANCE ACT, 1908 AND SEC. 286
AND 336 OF IPC AS PER CHARGE SHEET ANNEXURE-C,
ARISING OUT OF CR.NO.31/2021 OF THE 1ST
RESPONDENT - BAGEPALLI POLICE STATION, IN SO FAR
AS HE IS CONCERNED AS ACCUSED NO.3.
IN CRL.P NO. 1959/2024
BETWEEN:
1. SRI MOURYA S GOWDA
S/O SRI SRIDHARA H.B
AGED ABOUT 23 YEARS
2. SRIDHARA H.B
S/O BOREGOWDA
AGED ABOUT 55 YEARS
PETITIONERS 1 & 2 ARE
- 9 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
RESIDENTS OF HARIHARAPURA VILLAGE
KASABA HOBLI, K.R PETE TALUK
MANDYA DISTRICT -571 605
...PETITIONERS
(BY SRI. ARUNA SHYAM, SENIOR COUNSEL FOR
SRI. K. ABHINAV ANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO OF
PANAVAPURA POLICE STATION
MANDYA DISTRICT 574134
REPRESENTED BY THE
LEANRED STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560 001
2. SRI NAGARAJU B
S/O BARADIKOTEPPA
AGED ABOUT 22 YEARS
VILLAGE ACCOUNTANT
BANNAGADI CIRCLE
CHINNAKURULI HOBLI
PANDAVAPURA TALUK
NATIVE-HYRADA VILLAGE
HOOVINAHADAGALI TQ
BELLARI, KARNATAKA
...RESPONDENTS
(BY SRI. MAHESHA P, HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.5078/2022
U/S.3,5 OF EXPLOSIVE SUBSTANCE ACT 1908 AND
SEC.336,286 OF IPC ON THE FILE OF THE LEARNED III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA
DISTRICT SITTING AT SRIRANGAPATNA, ARISING OUT OF
CR.NO.142/2020 OF THE Ist RESPONDENT PANDAVAPURA
POLICE STATION.
- 10 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
IN CRL.P NO. 2262/2024
BETWEEN:
SRI GANGOJI RAO D.J @ GANGOJI
S/O LATE SRI J.MUNIRAO @ JAYAMANI
AGED ABOUT 45 YEARS,
R/AT
PERMANENT ADDRESS
DYAVASANDRA VILLAGE,
TRIDAL POST, TONDEBAVI HOBLI,
GOURIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT-561 208
PRESENT ADDRESS
ST
SAI LAYOUT, 1 STAGE
SINGANAYAKANAHALLI,
YELAHANKA, BENGALURU-560 064
...PETITIONER
(BY SRI. ARUNA SHYAM, SENIOR COUNSEL FOR
SRI. K. ABHINAV ANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO OF
GUDIBANDE POLICE STATION,
CHIKKABALLAPURA DISTRICT-561207
REPRESENTED BY THE
LEARNED STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU-560 001
2. SRI MANJUNATH M.N
POLICE INSPECTOR,
GUDIBANDE POLICE STATION,
CHIKKABALLAPURA DISTRICT-561209
...RESPONDENTS
(BY SRI. MAHESHA P, HCGP FOR R1 & R2)
- 11 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE CRIMINAL CASE IN C.C.NO.491/2021 OF THE
COURT OF THE LEARNED PRL. CIVIL JUDGE AND JMFC,
GUDIBANDE, CHIKKABALLAPURA DISTRICT, U/S 4 AND 6
OF THE EXPLOSIVE SUBSTANCES ACT, 1908 AS PER
CHARGE SHEET ANNEXURE-C, ARISING OUT OF
CR.NO.21/2021 OF THE 1ST RESPONDENT - GUDIBANDE
POLICE STATION, IN SO FAR AS HE IS CONCERNED AS
ACCUSED NO.2.
IN CRL.P NO. 2532/2024
BETWEEN:
SRI NAGENDRA B.R
S/O SRI. RAGHUNATH,
AGED ABOUT 39 YEARS,
R/AT NO.223, 'TIRUMALA NILAYA',
WARD NO.8, NEW EXTENSION,
KYATHAGANAHALLI ROAD, BIDADI,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT-562 109
...PETITIONER
(BY SRI. ARUNA SHYAM, SENOR COUNSEL FOR
SRI. K. ABHINAV ANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY SHO OF JIGANI POLICE-STATION,
ANEKAL TALUK,
BENGALURU DISTRICT-560 105
REPRESENTED BY
THE LEARNED STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU-560 001
2. SRI. SHEKAR B.K
POLICE INSPECTOR OF
JIGANI POLICE STATION,
- 12 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
ANEKAL TALUK,
BENGALURU DISTRICT-560 105
...RESPONDENTS
(BY SRI. MAHESHA P, HCGP FOR R1 & R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE CRIMINAL PROCEEDINGS IN
C.C.NO.20600/2021 U/S 4, 5 AND 6 OF THE EXPLOSIVE
SUBSTANCES ACT, 1908, ON THE FILE OF THE LEARNED
1ST ADDL. CIVIL JUDGE AND JMFC, ANEKAL AS PER
CHARGE SHEET ANNEXURE-C, ARISING OUT OF
CR.NO.45/2021 OF THE 1ST RESPONDENT - JIGANI POLICE
STATION AS PER ANNEXURE-B, IN SO FAR AS HE IS
CONCERNED AS ACCUSED NO.3.
THESE PETITIONS HAVING BEEN RESERVED FOR
ORDERS ON 14.10.2026 COMING ON FOR PRONOUNCEMENT
THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
CAV ORDER
1. These batch of petitions arise out of different crime
numbers registered by various police stations against the
accused persons for the offences punishable under the
Explosives Act, 1884, the Explosive Substances Act, 1908, and
the Mines and Minerals (Development and Regulation) Act,
1957, alleging that they supplied explosives to unauthorised
contractors for use in illegal quarrying activities.
2. For the sake of convenience, the details of the nine cases
are set out in the tabular column below:
- 13 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
Crl.P.
Crime No. & Police Offences Rank of
Station Alleged parties in
the charge
sheet
No.
Accused
No.3
1842/2024 Cr.No.248/2021 by Sections 3 &
Nagamangala PS 5 of
Explosives
Act
1109/2024 Cr.No.142/2020 by Sections 336,
Pandavapura PS 286 of IPC
and Sections
3, 5, 9(b) of
ES Act
Accused
Nos.2 and 3
Accused
Nos.2 and 3
1418/2024 Cr.No.220/2020 by Sections 3, 5
Pandavapura PS & 9B of
Explosives
Act, Sections
286, 511 of
IPC read with
Sections 22,
21, 4(1A),
4(1) of
MMDR
1453/2024 Cr.No.355/2020 by Sections 3, 5
Pandavapura PS & 9B of
Explosives
Act, Sections
286, 511 of
IPC read with
Sections 22,
21, 4(1A),
4(1) of
MMDR
Accused
Nos.3 and 4
- 14 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
1454/2024 Cr.No.306/2020 by Sections 3, 5
Pandavapura PS & 9B of
Explosives
Act, Sections
286, 511 of
IPC read with
Sections 22,
21, 4(1A),
4(1) of
MMDR
Accused
Nos.4 and 5
Accused
No.3
Cr.No.31/2021 by Sections 5, 3,
1912/2024
Bagepalli PS 4 of
Explosive
Substances
Act read with
Section 336,
286 of IPC
Cr.No.142/2020 by Sections 336,
1959/2024
Pandavapura PS 286 of IPC
and 3,5,9(b)
of ES Act
Accused
No.2 and
Accused
No.3
2262/2024 Cr.No.21/2021 by
Gudibande PS,
Chikkaballapur
Sections 4 &
6 of
Explosive
Substances
Act
Accused
No.2
2532/2024 Cr.No.45/2021 by Sections 4, 5
Jigani PS & 6 of
Explosive
Substances
Act
Accused
No.3
- 15 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
3. In all these cases, suo motu complaints have been filed
by the police alleging that accused persons were found to have
supplied explosive substances to the unauthorised contractors
who in turn used the same for illegal quarrying. After
investigation, police laid charge sheet against the
accused/petitioners.
4. Except in Crl.P.Nos.2262/2024, in all other aforesaid
petitions mentioned in the tabular column, the names of the
accused/petitioners were not mentioned in the FIR as accused,
however, they were implicated as accused persons while filing
the charge sheet based on the investigation materials as well
as the confession statement of the co-accused and the
statement of charge sheet witnesses.
5. Heard the learned counsel for the petitioners and the
learned HCGP.
6. Learned counsel for the petitioners would contend that
since there were no materials to connect the accused with the
seized explosives at the hands of accused No.1, the petitioners
cannot be subjected to rigmarole of criminal trial. In the
complaint, it is stated that the explosives alleged to have been
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CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
found in the spot and when police tried to apprehend, some
persons ran away from the spot. However, during investigation,
it is alleged that the persons who ran away from the spot have
been identified as accused/petitioners by some of the charge
sheet witnesses and based on the confession statement of the
co-accused, the petitioners have been implicated and charge
sheet has been laid against them for having supplied the
explosives. According to him, Rule 15 of the Explosive Rules,
2008 clearly propounds that the outer package should be
marked with the name of manufacturer, identification number
of package, the net weight of explosives, gross weight of the
package, date of manufacture and batch number. Further, Rule
24 also states that every licensee for manufacture, possession,
sale use or transport of explosives shall maintain records with a
stock book duly page numbered and certified by any officer
authorised under the rules. Rule 47 clearly states that the
official transport pass is to be issued by the consignor after
verifying an online indent submitted by the consignee every
licensed consignment of explosives during transit must be
accompanied by shipping invoice, way bill or dispatch note.
Thus, in order to create nexus between the explosives alleged
- 17 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
to have been found in the spot and the petitioners, the
respondents ought to found the name of the manufacturer and
identification number of the package and ought to have
checked the records of the petitioners i.e., the stock book and
any way bill issued in respect of the alleged unauthorised
contractor.
7. Learned counsel for the petitioners further contended that
the in the complaint/FIR, there was no allegation against the
petitioners, except in Crl.P.Nos.2262/2024, however, they have
been implicated only based on the confession statement of co-
accused and thus, without any corroborative material. As such,
continuation of proceedings against the petitioners would be
abuse of process of Court.
8. Learned counsel also contended that in order to infer
conspiracy, there should be direct evidence available and only
based on the confession statement of co-accused, it cannot be
said that the petitioners conspired with other accused in illegal
quarrying. Accordingly, he prays for allowing of the petitions.
9. In support of his contention, learned counsel for the
petitioners has placed reliance on the following judgments:
- 18 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
i) P.Krishna Mohan Reddy Vs. State of AP - 2025 SCC
Online SC 1157.
ii) Karan Talvar Vs. State of Tamil Nadu - 2024 SCC
Online SC 3803.
iii) Prem Prakash Vs. Union of India - (2024) 9 SCC
787.
iv) Vinodkumar Bhawarlal Jat Vs. State of Maharashtra
- 2026 SCC Online Bom 8983.
v) Abdullakoya Thangal Vs. State of Kerala - 2010 SCC
Online Ker 576.
vi) Madhushree Datta Vs. State of Karnataka & Another
- Crl.A.4884/2024.
vii) Nagaraja Vs. State of Karnataka -
WP.No.15535/2022 disposed of on 24.09.2026.
10. On the other hand, learned High Court Government
Pleader would contend that though in the complaint/FIR the
name of the petitioners were not mentioned, it was stated in
the complaint very clearly that when the police were trying to
apprehend, the petitioners/accused persons except in
Crl.P.No.2262/2024 ran away from the spot. Further, he would
- 19 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
contend that the petitioners/accused have been identified by
some of the charge sheet witnesses in Crl.P.No.1842/2024,
who are police officials, who participated in the raid and who
tried to apprehend the petitioners. Further, in all other
petitions, the co-accused have also given their confession
statement stating the involvement of petitioners/accused in the
crime by supplying the explosives for quarrying. In support of
his contention, he has relied on the judgment of the Hon'ble
Apex Court in the case of STATE OF KARNATAKA &
ANOTHER Vs. SADIQ PASHA - 2026 SCC Online SC 2059 .
Further, the agreement entered by the petitioner-Sridhar in
Crl.P.No.1842/2024 for supply of explosives for quarrying had
been expired and was not renewed. In all other petitions, the
petitioners supplied the explosives for illegal quarrying. Hence,
he would contend that whether the petitioners have supplied
the explosives or not for illegal quarrying is a matter of trial. As
such, the proceedings at this stage against them cannot be
quashed. Accordingly, he prays for dismissal of the petitions.
11. I have given my anxious consideration to the contentions
of the learned counsel for the petitioners and the learned High
Court Government Pleader and perused the material on record.
- 20 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
12. As could be gathered from records, in
Crl.P.No.1842/2024, the petitioner - accused No.3 has been
identified by CWs.1 to 4 and have stated that he fled from the
spot when they conducted the raid. However, in all other
petitions, it was stated by the co-accused that accused -
petitioners have supplied the explosives for illegal quarrying. As
regards the contention of the learned counsel for the petitioners
that since the explosives do not contain any specific numbers
as per aforesaid Rules to connect the same to the petitioners is
concerned, admittedly the explosives were seized from the spot
at the instance of the co-accused, who confessed that the same
supplied by the petitioners for illegal quarrying. As such, the
said aspect of the matter has to be tested in a full fledged trial.
The contention of the petitioners that the confession statement
of a co-accused cannot be the sole material to have nexus
between the illegal supply of explosives by the petitioners for
illegal quarrying, cannot be accepted in view of the judgment in
the case of SADIQ PASHA cited supra, wherein it is held that
quashing of charges merely on the ground that a confessional
statement cannot be relied on in the trial, would not be proper
exercise of the inherent powers conferred on the High Court.
- 21 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
Further, the disclosure made by the co-accused who were
apprehended at the spot, about the identity and the name of
one who fled, is only a material which the Investigating Officer
could use to gather further evidence, which alone could be the
basis of a charge sheet or a conviction, in a properly instituted
trial. Further, in Crl.P.Nos.1842, 1109, 1418, 1453, 1454,
1959 of 2024, it is the petitioner - accused by name Mourya,
who was named by the co-accused and who was identified by
the police that he fled away from the spot when they conducted
the raid in Crl.P.No.1842/2024 and that his father - Sridhar -
petitioner - accused in Crl.P.Nos.1109, 1418, 1453, 1454,
1959/2024 was the license holder. It is also clear from the
statement of charge sheet witnesses that the accused namely
Mourya and Sridhar were absconding and were not able to
trace. In Crl.P.Nos.1912/2024, the petitioner - accused Gangoji
was named by the co-accused as the supplier of explosives for
illegal quarrying and in Crl.P.No.2532/2024, the petitioner -
accused - Nagendra B.R. was named by the co-accused as the
supplier of explosives for illegal quarrying. In such
circumstances, I am of the considered view that since the
petitioners - accused were named by the co-accused as the
- 22 -
CRL.P No. 1842 of 2024
C/W CRL.P No. 1109 of 2024
CRL.P No. 1418 of 2024
AND 6 OTHERS
supplier of explosives for illegal quarrying and further the
explosives were found at the spot of illegal quarrying and
specially the petitioner in Crl.P.No.1842/2024 namely Mourya
had been identified to have fled away from the spot, whether
the petitioners - accused supplied said explosives and whether
said explosives have nexus to them are all matter of trial. As
such, it would be improper to quash the proceedings against
the petitioners-accused. Hence, the petitions are dismissed .
However, it is made clear that no observation on the merits of
the matter is expressed. All contentions are left open.
SD/-
(RAJESH RAI K)
JUDGE
PKS/K