SHRI BANDENAVAJ vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17407
CRL.P No. 102570 of 2026
C/W CRL.P No. 102583 of 2026
CNR: KAHC020180002026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 17 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102570 OF 2026
(439(Cr.PC)/483(BNSS)
C/W
CRIMINAL PETITION NO. 102583 OF 2026
IN CRL.P No. 102570/2026
BETWEEN:
SHARNAPPA S/O. ANNAPPA GALABI
AGED: 35 YEARS, OCC: COMPUTER WORK,
R/O. BADACHI- 581314,
TQ: ATHANI, DIST: BELAGAVI.
… PETITIONER
(BY SRI. SRINIVAS B. NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH JAMKHANDI RURAL POLICE STATION,
BAGAKOTE DISTRICT-580011,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
DHARWAD.
… RESPONDENT
(BY SRI JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS,
PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.6, ON
BAIL IN CRIME NO.124/2026 OF JAMAKHANDI RURAL POLICE
STATION, BAGALKOT DISTRICT, PENDING ON THE FILE OF THE
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: High
Court of
Karnataka,
Dharwad Bench,
Dharwad
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HC-KAR
NC: 2026:KHC-D:17407
CRL.P No. 102570 of 2026
C/W CRL.P No. 102583 of 2026
CNR: KAHC020180002026
COURT OF JMFC, BANAHATTI, BAGALKOT DISTRICT
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 61, 109, 125(a), 125(b), 287, 288, 326(f), 351(3)
AND 351(4) OF THE BNS 2023, SECTIONS 3, 4, 5 AND 6 OF
THE EXPLOSIVE SUBSTANCES ACT, 1908 AND SECTION
9B(1)(B) OF THE EXPLOSIVES ACT, 1984.
IN CRL.P NO. 102583/2026
BETWEEN:
SHRI BANDENAVAJ @ BUDDESAB
S/O. MAIBUBSAB MOOKIHAL,
AGED: 56 YEARS, OCC: PVT. SERVICE,
R/O. NAGANUR VILLAGE-586203,
TQ: BASVANBAGEWADI, DIST: VIJAYPUR.
... PETITIONER
(BY SRI. N.L.BATAKURKI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY PSI JAMKHANDI RURAL PS,
JAMKHANDI-587313,
TQ: JAMKHANDI, DIST: BELAGAVI,
REP. BY SPP, AG OFFICE,
HIGH COURT BLDG, DHARWAD.
... RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF
BNSS, PRAYING TO RELEASE THE PETITIONER
HEREIN/ACCUSED NO.7 ON REGULAR BAIL FOR THE
U/SEC. 125(a), 125(b), 287, 288, 109, 326(f), 351(3)
351(4), 61 OF BNS, SEC. 3,4,5,6 OF EXPLOSIVE
SUBSTANCE ACT 1908 AND SEC. 9(B)(1)(B) EXPLOSIVE
ACT 1984 IN JAMAKHANDI RURAL P.S. CRIME NO.
124/2026 ON THE FILE OF SENIOR CIVIL JUDGE AND
JMFC., BANHATTI.
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HC-KAR
NC: 2026:KHC-D:17407
CRL.P No. 102570 of 2026
C/W CRL.P No. 102583 of 2026
CNR: KAHC020180002026
THESE PETITIONS, COMING ON FOR FURTHER
ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
The petitioner-accused No.6 has filed Crl.P.
No.102570/2026, seeking regular bail in connection with Crime
No.124/2026 of Jamkhandi Rural Police Station, Bagalkote
District, registered for the offences punishable under Sections
61, 109, 125(a), 125(b), 287, 288, 326(f), 351(3) and 351(4)
of the Bharatiya Nyaya Sanhita, 2023, Sections 3, 4, 5 and 6 of
the Explosive Substances Act, 1908 and Section 9(B)(1)(B) of
the Explosives Act, 1984, pending on the file of learned JMFC
Court, Banahatti, Bagalkote District.
2. The petitioner-accused No.7 has filed
Crl.P.No.102583/2026, seeking regular bail in connection with
Crime No.124/2026 of Jamkhandi Rural Police Station,
Bagalkote District, registered for the offences punishable under
Sections 125(a), 125(b), 287, 288, 326(f), 351(3), 351(4) and
61 of the Bharatiya Nyaya Sanhita, 2023, Sections 3, 4, 5 and
6 of the Explosive Substances Act, 1908 and Section 9(B)(1)(B)
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NC: 2026:KHC-D:17407
CRL.P No. 102570 of 2026
C/W CRL.P No. 102583 of 2026
CNR: KAHC020180002026
of the Explosives Act, 1984, pending on the file of learned JMFC
Court, Banahatti, Bagalkote District
3. Brief facts of the prosecution case in nutshell are as
under:
On 25.07.2026, at about 10:45 p.m. the vehicle of the first
informant bearing No.KA-48/N-4038 Mahindra XUV 300 was
parked by the side of the road in front of Yuvaraj Wine Shop at
Jangali Cross Hipparagi Village, which was exploded, thereby
caused damage to the car and the injuries to one Yallaling
Parasappa Pujari, who was passing by on his motorcycle
bearing Reg.No.KA-48/U-4728. Hence, the defacto complainant
lodged the complaint.
4. During the course of investigation, these petitioners
and others were arrested by the respondent-police and in turn,
they were remanded to judicial custody. Hence, these petitions.
5. Learned counsel for the petitioners contended that
they are innocent and they have not committed any alleged
offence. These petitioners have been falsely implicated in the
case. The alleged offences are not punishable with death or
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CRL.P No. 102570 of 2026
C/W CRL.P No. 102583 of 2026
CNR: KAHC020180002026
imprisonment for life. The trial Court already granted bail in
favour of accused No. 3 and 4 in Criminal Misc.No.55129/2026
dated 17.09.2026. The allegations made against accused No.3
and 4 are similar. Hence on the ground of parity also they are
entitled for bail. The petitioners are ready and willing to abide
by the conditions to be imposed by this Court. Hence, learned
counsel for the petitioners prayed to allow the petitions.
6. Per contra, learned HCGP contended that there is a
prima facie allegations against the petitioners and they are
involved in the alleged crime. If they are released on bail, there
is a risk of tampering with evidence and hampering the trial.
Hence, learned HCGP prayed to reject the petitions.
7. Perused the material available on record.
8. The record discloses that on 21.07.2026 during
night hours, the vehicle of the defacto complainant was parked
by the side of the road in front of wine shop and the same was
exploded. The record further reveals that there is a property
dispute between accused No. 1 and the defacto complainant
and hence accused No. 1 collected explosive substance and
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CRL.P No. 102570 of 2026
C/W CRL.P No. 102583 of 2026
CNR: KAHC020180002026
kept the same underneath to the vehicle. Thus it is exploded.
The incident occurred when the defacto complainant entered
the wine shop.
9. The records reveal that another injured
(motorcyclist) was already discharged from the hospital.
Admittedly, the trial Court granted bail to accused No.3 and 4.
The alleged offences are not punishable with death of
imprisonment for life. The only allegation against accused No. 6
and 7 is that they sold explosive substance to accused No. 1.
Hence, pursuant to the voluntary statement of accused No. 1,
these petitioners are involved.
10. It is well established principles of law that while
granting bail, the Court has to consider the nature of the
offence, circumstances in which the offence is committed, the
position and status of the petitioners with reference to the
victim and witnesses, likelihood of fleeing away from justice, of
repeating same offences by the petitioners, of tampering with
the witnesses, character and antecedents of the petitioners.
Further, the law is well settled that while disposing of the bail
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NC: 2026:KHC-D:17407
CRL.P No. 102570 of 2026
C/W CRL.P No. 102583 of 2026
CNR: KAHC020180002026
petition, the Court need not scan the prosecution papers and
hold mini trial.
11. Keeping all these factors in mind, upon perusal of
the entire material placed on record this court is of the
considered view that, prima facie there are no reasonable and
sufficient grounds to believe, at this stage, that the petitioners
are guilty of the offences alleged against him. Therefore, the
petitioners are entitled for regular bail.
12. Accordingly, I proceed to pass the following:
ORDER
The Criminal Petition No.102570/2026 is allowed.
The petitioner-accused No.6 is ordered to be enlarged on bail in
connection with Crime No.124/2026 of Jamkhandi Rural Police
Station, Bagalkote District, registered for the offences
punishable under Sections 61, 109, 125(a), 125(b), 287, 288,
326(f), 351(3) and 351(4) of the Bharatiya Nyaya Sanhita,
2023, Sections 3, 4, 5 and 6 of the Explosive Substances Act,
1908 and Section 9(B)(1)(B) of the Explosives Act, 1984,
pending on the file of learned JMFC Court, Banahatti, Bagalkote
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NC: 2026:KHC-D:17407
CRL.P No. 102570 of 2026
C/W CRL.P No. 102583 of 2026
CNR: KAHC020180002026
District, on he executing personal bond in a sum of
Rs.2,00,000/- with two sureties for the like sum to the
satisfaction of Trial Court.
The Criminal Petition No.102583/2026 is allowed.
The petitioner-accused No.7 is ordered to be enlarged on bail in
connection with Crime No.124/2026 of Jamkhandi Rural Police
Station, Bagalkote District, registered for the offences
punishable under Sections 125(a), 125(b), 287, 288, 326(f),
351(3), 351(4) and 61 of the Bharatiya Nyaya Sanhita, 2023,
Sections 3, 4, 5 and 6 of the Explosive Substances Act, 1908
and Section 9(B)(1)(B) of the Explosives Act, 1984, pending on
the file of learned JMFC Court, Banahatti, Bagalkote District, on
he executing personal bond in a sum of Rs.2,00,000/- with two
sureties for the like sum to the satisfaction of Trial Court,
subject to the following conditions:
(i) The petitioners shall not threaten or tamper the
prosecution witnesses either directly or
indirectly.
(ii) The petitioners shall attend the trial Court
regularly as and when required.
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CRL.P No. 102570 of 2026
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(iii) The petitioners shall not involve in the similar or
any other offences.
Violation of any one of the conditions, would entitle the
prosecution to seek for cancellation of the bail.
NOTE:- The observations made in the petition is only for
disposal of the petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
MBS/CLK
CT:GSM
List No.: 3 Sl No.: 8