Abdul Gafoor Vs State of Karnataka

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NC: 2026:KHC:27995 CRL.P No. 4938 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JUNE, 2026 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4938 OF 2026

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BETWEEN:

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ABDUL GAFOOR S/O K. IBRAHIM AGED ABOUT 51 YEARS RESIDING AT NOORJI HOUSE POST KAMBALABETTU, VITTAL MUDNUR VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT.

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…PETITIONER

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(BY SRI VINOD KUMAR M, ADV.)

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AND:

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY VITTAL POLICE STATION DAKSHINA KANNADA DISTRICT REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDING AMBEDKAR VEEDHI BANGALORE - 560 001.

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…RESPONDENT

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(BY SMT. RASHMI JADHAV, ADDL. SPP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.58/2026 OF VITTAL P.S. D.K DISTRICT REGISTERED FOR THE OFFENCE P/U/S 9B OF THE EXPLOSIVES ACT 1884 AND SEC.5 OF THE EXPLOSIVE SUBSTANCES ACT 1908 AND SEC.288 OF BNS 2023 PENDING ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C BANTWAL BY ACCEPTING SURETY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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NC: 2026:KHC:27995 CRL.P No. 4938 of 2026

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HC-KAR

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ORAL ORDER

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Accused No.1 in Crime No.58/2026 registered by Vitla Police Station, Dakshina Kannada District for offence punishable under Section 9B of Explosive Act, 1884, Section 5 of Explosive Substances Act, 1908 and Section 288 of BNS 2023 is before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail.

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Heard the learned counsel appearing for the parties.

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The FIR in Crime No.58 of 2026 was registered by Vitla Police Station, Dakshina Kannada District for the aforesaid offences against the petitioner herein based on the first information dated 06.03.2026 received from Sri Sathish Suvarna, who is the PDO of Alike Grampanchayat, Bantwal Taluk. In the said case, petitioner was arrested on 07.03.2026 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions court in Crl. Misc.No.215 of 2026, which was rejected on 18.03.2026. Therefore, he is before this Court.

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NC: 2026:KHC:27995 CRL.P No. 4938 of 2026

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HC-KAR

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Learned counsel for the petitioner submits that the explosives were stored in a vacant place for the purpose of preparing crackers for a temple festival. The said explosives accidentally caught fire and in the said incident nobody has suffered any injury. Investigation of the case has been completed and charge sheet has been filed. Accused No.2 has been granted regular bail by the Trial Court in Crl.Misc.No.280 of 2026. Accordingly he prays to allow the petition.

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Per contra, learned Addl. SPP has opposed the petition. However, she does not dispute the submission made by the petitioner.

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It is not in dispute that in the incident that had taken place on 06.03.2026 within the jurisdiction of Vitla police station nobody has suffered any bodily injury. Perusal of the first information would go to show that the explosives which were in a shed at Nooji, Mudnur village, within the jurisdiction of Vitla station, had accidentally exploded and some standing trees adjacent to the shed were damaged. Allegation against the accused in the first information as well as in the charge

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NC: 2026:KHC:27995 CRL.P No. 4938 of 2026

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HC-KAR

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sheet is that the explosives were stored without any license negligently endangering human life.

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Investigation of the case is now completed and

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charge sheet has been filed. Accused no.2 has been granted regular bail by the jurisdictional Sessions Court. Under the circumstances, I am of the opinion that the prayer made by the petitioner who is in custody for the last more than 3 months for grant of regular bail, needs to be answered affirmatively.

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Accordingly, the following:

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ORDER

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The petitioner is directed to be enlarged on bail in Crime No.58/2026 registered by Vitla Police Station, Dakshina Kannada District for offence punishable under Section 9B of Explosive Act, 1884, Section 5 of Explosive Substances Act, 1908 and Section 288 of BNS, 2023 subject to the following conditions:

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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NC: 2026:KHC:27995 CRL.P No. 4938 of 2026

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HC-KAR

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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Sd/(S VISHWAJITH SHETTY) JUDGE

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NMS List No.: 1 Sl No.: 63

Abdul Gafoor v. State of Karnataka

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Abdul Gafoor v. State of Karnataka

Case brief

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