Sharanappa vs State of Karnataka - Criminal Petition

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• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [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

-1-
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](https://indiankanoon.org/doc/445276/))/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](https://indiankanoon.org/doc/1569253/) 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
                           -2-
                                     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](https://indiankanoon.org/doc/1679850/) 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.

1. Heard learned counsels for petitioners and

learned High Court Government Pleader for the respondent

-State.

1. 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](https://indiankanoon.org/doc/980159/), 336 of IPC read with Section 9B(b) of Explosive Act,

1. 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 -3- NC: 2026:KHC-D:4335 CRL.P No. 101905 of 2024 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.

1. 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. -4-

NC: 2026:KHC-D:4335 CRL.P No. 101905 of 2024 HC-KAR

1. Having heard learned counsels, the Court has

perused the charge sheet and other materials placed on

record.

1. 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 -5- NC: 2026:KHC-D:4335 CRL.P No. 101905 of 2024 HC-KAR

the conditions of the license for offences under Section 286 of IPC read with 9B(b) of Explosives Act, 1884.

1. 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.

1. 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 -6- NC: 2026:KHC-D:4335 CRL.P No. 101905 of 2024 HC-KAR

attracted and therefore, proceedings against them requires

to be quashed.

1. 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](https://indiankanoon.org/doc/980159/), [336](https://indiankanoon.org/doc/175699/) of IPC read

       with [Section 9B(b)](https://indiankanoon.org/doc/176528/) of Explosives Act, 1884 are

       quashed.

Sd/-

(SHIVASHANKAR AMARANNAVAR)
JUDGE

DSP
CT:VH
List No.: 1 Sl No.: 20