Karnataka High Court
CRL.P/10777/2026 of SRI ARUN KUMAR Vs THE STATE BY TARIKERE POLICE STATION on 23 September 2026
CNR: KAHC010491622026 NC: 2026:KHC:52441 CRL.P No. 10777 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 10777 OF 2026 BETWEEN: SRI ARUN KUMAR, S/O WADIVELU, AGED ABOUT 42
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 10777 OF 2026
BETWEEN:
SRI ARUN KUMAR,
S/O WADIVELU,
AGED ABOUT 42 YEARS,
R/O BHADRAVATHI, SHIVAMOGGA,
DISTRICT PIN-577 301.
(AS PER CHARGE SHEET)
AS PER AADHAR:
SRI V ARUN KUMAR,
S/O D VADIVELU,
R/AT NO.25C, KAVYASHREE NILAYA,
T K ROAD, NEAR BASAVA MANTAPA,
MADHAVANAGARA, BHADRAVATHI—577301.
…PETITIONER
(BY SRI H MALATESH, ADVOCATE)
AND:
THE STATE BY TARIKERE POLICE STATION,
(REP. BY THE STATE PUBLIC PROSECUTOR)
HIGH COURT OF KARNATAKA,
BENGALURU-01.
…RESPONDENT
(BY SRI M.V ANOOP KUMAR, ADDL. SPP)
HC-KAR
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE PROCEEDINGS IN SC
NO.142/2022 ARISING OUT OF THE CRIME NO.316/2018 OF
THE TARIKERE POLICE STATION, REGISTERED FOR THE
OFFENCE U/S 9(B)(1)(b) OF EXPLOSIVE SUBSTANCE ACT, 1908 AND SECTION 4(b), 5 AND 6 OF EXPLOSIVES ACT, 1884
AND NOW PENDING AT THE COURT OF I ADDL.DISTRICT AND
SESSIONS JUDGE AT CHIKKAMAGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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ORAL ORDER
Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent.
2. This petition is filed to quash the proceedings in S.C.No.142/2022 arising out of Crime No.316/2018, registered before the Tarikere Town Police, for the offences punishable under Section 9B(1)(b) of the Explosives Act, 1884 and Sections 4(b), 5 and 6 of the Explosive Substances Act, 1908.
3. Learned counsel for the petitioner would submit that there is a serious procedural error while investigating the matter. It is submitted that, to prosecute for the offence punishable under the Act, 1908 permission of the Magistrate
HC-KAR
has to be obtained as required under Section 7 of the Act, 1908.
4. Learned counsel would refer to the judgment of the Co-Ordinate bench of this Court in Arun Kumar vs. State1 to substantiate the contention that to investigate the offence punishable under the provisions of the Act, 1908, permission is required to be obtained, as the offences are non-cognizable offences.
5. Learned Additional State Public Prosecutor appearing for the respondent does not dispute the proposition of law as aforesaid.
5. It is noticed that no permission is obtained before investigating the offences, which are non-cognisable offences.
6. Considering the submissions and the aforementioned materials, the proceeding has to be quashed reserving the liberty to the respondent-State to take such action as advised in law, subject to law of limitation.
1 Crl. P No.2723/2021
HC-KAR
7. With the aforesaid observation, the following:
ORDER
a. The petition is allowed.
b. The proceedings in S.C.No.142/2022, pending before the I Additional Sessions Judge, Chikmagaluru, stands quashed.
c. Liberty as aforesaid to take such action as advised in law subject to law of limitation is reserved.
d. The time spent from the date of registration of the complaint, till today is to be excluded in computing the limitation.
Pending I.A.No.1/2026 stands disposed, as a consequence.
(ANANT RAMANATH HEGDE) JUDGE
NVJ List No.: 1 Sl No.: 31