Sri Mourya S Gowda vs The State Of Karnataka

The petitioner who is apprehending arrest in Crime No.90 of 2026 registered by Arakere Police Station, Mandya District, for the offence punishable under Sections 288 R/w 3(5) of BNS, 2023 is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail.

Heard the learned counsel for the parties.

FIR in Crime No.90 of 2026 was registered by Arakere Police Station, Mandya District for the aforesaid offences against the petitioner, based on the first information dated 15.05.2026 received from Sri Shivaprasad B. Apprehending arrest in the said case, the petitioner has filed Crl.Misc.No.5187 of 2026 before the jurisdictional Court which was rejected on 18.06.2026. Therefore, he is before this Court.

Learned counsel for the petitioner submits that, the petitioner is a student pursuing civil engineer degree course in Government Engineering College, K.R. Pet, Mandya. He has been falsely implicated in the present case. The earlier criminal cases registered against the petitioner have been stayed by this Court. He accordingly, prays to allow the petition.

Per contra, learned HCGP, who has opposed the petition submits that, in the event, the petitioner is enlarged on bail, he is likely to indulge in committing similar offence. Accordingly, he prays to dismiss the petition.

FIR in the present case is registered against Punith for the aforesaid offences. During the course of investigation, the explosive substances, which were stored by Punith in property bearing Survey No.351 of Mundagadore Village, were recovered. According to the prosecution, accused no.1 had confessed that the said explosive substances were supplied to him by the petitioner, who is a license holder. Accused no.1 has been granted anticipatory bail in the present case in Crl.Misc.No.513 of 2026 vide order dated 15.06.2026 by the jurisdictional Sessions Court. The explosives which were stored in the aforesaid property by accused no.1 - Punith which were allegedly supplied by the petitioner have been already recovered in the present case. Therefore, custodial interrogation of the petitioner is not required in the present case.

The alleged offences are not exclusively punishable with life imprisonment or death sentence. It is brought to the notice of this Court that further proceedings in earlier criminal case registered against the petitioner has been stayed by this Court.

Learned Senior Counsel appearing for the petitioner submits that the petitioner is a student pursuing civil engineer degree in Government Engineering College, K.R. Pet, Mandya District. He has undertaken to abide by any conditions that may imposed by this Court.

Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:

The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing 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 investigating officer/jurisdictional Court.

The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.

The petitioner shall not involve in similar offences in future.

In the event, the petitioner indulged in committing similar crime in future, the State is at liberty to seek cancellation of bail.