1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF JUNE, 2015
BEFORE
THE HONBLE Mr. JUSTICE L.NARAYANA SWAMY
CRIMINAL PETITION NO. 3443/2015
BETWEEN:
SRI. MANJUNATHA
S/O NARAYANAPPA
AGED ABOUT 44 YEARS
RESIDING AT VEERAKAPUTRA
VILLAGE, TEKAL HOBLI
MALUR TALUK
KOLAR DISTRICT 563 137

.PETITIONER

(BY SRI SRINIVAS N., ADV.,)

AND
STATE OF KARNATAKA
BY MASHTI POLICE STATION
MALUR TALUK 563 139

.RESPONDENT

(BY SRI B.J. ESHWARAPPA-HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF Cr.P.C., PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF ARREST, IN CRIME NO.53/2015 OF
MASTI POLICE STATION, KOLAR DIST., FOR THE OFFENCE
PUNISHABLE UNDER SECTION 304, 308, 337 & 338 OF IPC
AND U/S 9(B) OF EXPLOSIVE OF SUBSTANCE ACT 1908.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT PASSED THE FOLLOWING:

ORDER
Heard the learned counsel for the petitioner and the
learned HCGP for the respondent-State.
2.

This petition is filed under Section 438 of Cr.PC.

seeking anticipatory bail in respect of Cr. No.053/2015

registered by the Masti Police Station, Kolar for the offences
punishable under Sections 304, 308, 337, 338 of IPC and
r/w Section 9[B] Explosive Substance Act 1908.
3.

Learned Government Pleader has vehemently

opposed the bail application on the ground that prima facie

case is forthcoming against this petitioner and has
requested this court to dismiss the petition.
4.

The case on hand relates to the compliant made

by one Venkateshappa that his brother Nagaraj along with

Prabhakar, Manjunath and Ambarish were carrying on
quarrying work at Chikka Betta of Veerakaputhra Village
since 20 days.

It is alleged in the complaint that on

08.05.2015 at about 8.00 a.m. the aforesaid persons went

to Chikka Betta to do quarry work at about 3.45 pm

Nagaraj and Prabhakar died by sustaining crunch injury
due to fall of rock on them as the said rocks were being
blasted using explosives. The other workers also sustained
injuries. This incident happened due to the negligence on
the part of the petitioner.
5.

Perused the entire records and after perusing

statement it is found that without obtaining valid license

for stone blasting, the petitioner is carrying on the quarry
work and undertaken blasting work which has taken two
innocent lives.
6.

In the light of the above observations,

this is

not a fit case to exercise the discretion in favour of the

petitioner and he is not entitled to anticipatory bail at this
stage and accordingly petition is rejected.

Sd/JUDGE
HR