[Cites 6, Cited by 0]
Karnataka High Court
Sharanappa S/O Mahadevappa Hanchinal vs State Of Karnataka on 18 March, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC-D:4335
CRL.P No. 101905 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 18TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101905 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. SHARANAPPA S/O. MAHADEVAPPA HANCHINAL
AGE. 39 YEARS, OCC. BUSINESS,
R/O. NEAR DIWATAR CIRCLE,
JAVAHAR ROAD, KOPPAL-583231.
2. MAHADEVAPPA S/O. IRAPPA HANCHINAL
AGE. 80 YEARS, OCC. BUSINESS,
R/O. NEAR DIWATAR CIRCLE,
JAVAHAR ROAD, KOPPAL-583231.
...PETITIONERS
(BY SRI. DINESH M.KULKARNI, ADVOCATE)
AND:
VISHAL
NINGAPPA STATE OF KARNATAKA
PATTIHAL REPRESENTED BY PUBLIC PROSECUTOR,
THROUGH KOPPAL TOWN P.S KOPPAL,
Digitally signed by
VISHAL NINGAPPA
HIGH COURT OF KARNATAKA, DHARWAD-580011.
PATTIHAL ...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. JAIRAM SIDDI, HCGP)
DHARWAD BENCH
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. SEEKING TO QUASH THE COMPLAINT AND FIR VIDE
ANNEXJRE-C AND CHARGE SHEET VIDE ANNEXURE-D AGAINST THE
PETITIONER NO.1 AND 2/ACCUSED NO.1 AND 2 FOR THE OFFENCES
U/SEC. 286, 336 OF IPC R/W U/SEC. 9B(b) OF EXPLOSIVES ACT 1884
IN CC NO. 333/2024 (KOPPAL TOWN P.S. CRIME NO. 114/2023) ON
THE FILE OF SR. CIVIL JUDGE AND CJM AT KOPPAL AND VOID; AND
ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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NC: 2026:KHC-D:4335
CRL.P No. 101905 of 2024
HC-KAR
ORAL ORDER
This petition is filed by accused Nos.1 and 2 under
Section 482 of Cr.P.C praying to quash the complaint, FIR,
charge sheet in C.C.No.333 of 2024 arising out of Crime
No.114/2023 of Koppal Town Police Station pending on the
file of Senior Civil Judge and CJM, Koppal.
2. Heard learned counsels for petitioners and
learned High Court Government Pleader for the respondent
-State.
3. Learned counsel for petitioners would contend
that on inspection of premises of petitioners, a complaint
came to be registered in Crime No.114/2023 of Koppal
Town Police Station for offences punishable under Sections
286, 336 of IPC read with Section 9B(b) of Explosive Act,
1884. He further submits that as per averments of the
complaint, petitioners have stored fire crackers without
holding any license. Subsequently, during the investigation,
petitioners have produced license to possess fire crackers
and thereafter, the Investigating Officer has filed charge
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HC-KAR
sheet stating that petitioners have violated the conditions
imposed in the license. Conditions are enumerated on the
back page of the license and there is no violation of the
conditions noted therein. He further submits that one of the
petitioner was present at the time of inspection and he was
arranging the firecrackers in a proper manner and therefore
the allegation that firecrackers were not properly arranged
is premature. Considering the said aspects, offences
against petitioners are not attracted. With these, he prays
to quash the proceedings against petitioners.
4. Per contra, learned High Court Government
Pleader for the respondent -State would contend that
petitioners have violated the conditions imposed in the
license. Petitioners have not taken safety measures like
opening the exit door and not arranging firecrackers in
proper manner. The charge sheet materials clearly shows
prima facie case against petitioners for offences alleged
against them. With these, he prays to dismiss the petition.
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HC-KAR
5. Having heard learned counsels, the Court has
perused the charge sheet and other materials placed on
record.
6. Police Inspector, Koppal Town Police Station has
inspected the premises of petitioners, wherein they are
found to have stored 198 kg of fire crackers and complaint
is made in that regard as having stored said firecrackers
without license. The FIR has been registered in Crime
No,.114/2023 of Koppal Twon Police Station for offence
punishable under Sections 286, 336 of IPC read with
Section 9B(b) of Explosive Act, 1884. Petitioners have
placed on record license issued to petitioner No.2 -accused
No.2 for possessing fire works is 300 kg and Chinese
Crackers and/or sparklers is 1200 kg. The said license was
valid till 31.03.2024. Petitioners have placed the said
license before the Investigating Office. Subsequently, the
Investigating Officer has filed charge sheet not for
possessing of fire crackers without license but for violating
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HC-KAR
the conditions of the license for offences under Section 286
of IPC read with 9B(b) of Explosives Act, 1884.
7. On perusal of Cl.No.17 of the charge sheet, there
is no exit door in the place where the fire crackers are
stored and fire crackers are not arranged propery as per
Section 79 of Explosives Act, 1884. Conditions of license are
enumerated in the back page of the licenses. In the said
conditions there is no such condition to have exit door in
the place where fire crackers are stored.
8. On perusal of averments of cl.No.17 of the
charge sheet, accused No.1 was present in the place and he
was arranging the firecrackers. The said aspect itself
indicates that the accused persons were arranging the
firecrackers and therefore, the allegation that firecrackers
are not arranged properly is premature. It is submitted that
there is no complaint by license issuing authority against
petitioners for violation of any conditions. Consdiering the
above aspects, offences alleged against petitioners are not
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attracted and therefore, proceedings against them requires
to be quashed.
9. In the result, the following
ORDER
i) The petition is allowed.
ii) The proceedings against petitioners C.C.No.333 of
2024 arising out of Crime No.114/2023 of Koppal
Town Police Station pending on the file of Senior
Civil Judge and CJM, Koppal registered for offences
punsihabel under Sections 286, 336 of IPC read
with Section 9B(b) of Explosives Act, 1884 are
quashed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
CT:VH
List No.: 1 Sl No.: 20
