- 1 - NC: 2025:KHC:11973 CRL.P No. 180 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 180 OF 2024 BETWEEN: 1. NOOR AHMED AGED ABOUT 63 YEARS, S/O LATE ADAM, DIRECTOR / OWNER OF BANGALORE ECO PARK PVT LTD., R/AT #5/1, FLAT NO.1-2 2ND FLOOR DR. UMER SHARIFF ROAD, BASAVANAGUDI. BANGALORE-560 004. 2. RAJ KUMAR M AGED ABOUT 46 YEARS, S/O LATE KRISHNA MITHYANTA M MANAGER, BANGALORE ECO PARK PVT LTD., R/AT #78, SANIDYA NATIONAL CONVENT ROAD, NEAR GANESHA TEMPLE KUMARASWAMY LAYOUT VITTAL NAGAR, BANGALORE-560 078. …PETITIONERS (BY SRI. SHAHNAWAZ M. MAMADAPUR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY VIJAYAPURA POLICE STATION, DODDABALLAPURA SUB DIVISION, BANGALORE RURAL REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11973 CRL.P No. 180 of 2024 2. S. MANJUNATHA AGED ABOUT 39 YEARS, MANAGING DIRECTOR, TV11 KANNADA (TISHUL BROADCASTING PVT LTD.), NO.123, 1ST FLOOR, NEAR KRISHNA COLLEGE ACHARYA COLLEGE MAIN ROAD, CHIKKABANAVARA BANGALORE-560 090. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; NOTICE TO R2 IS SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR DATED 12.11.2023 IN VIJAYAPURA POLICE STATION, CRIME NO.232/2023 U/S 269, 277, 278 AND 34 OF IPC, PENDING BEFORE THE 2ND ADDITIONAL CIVIL JUDGE AND JMFC, DEVANAHALLI, BANGALORE RURAL (ANNEXURE-A) AND GRANT SUCH OTHER OR FURTHER RELIEF) AS THIS HON'BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the registration of an FIR for offences punishable under Sections 269, 277, 278, and 34 of the Indian Penal Code. 2. The 2nd respondent lodged the FIR, alleging that the subject vehicle was transporting contaminated chemical water, amounting to 20.00 kiloliters, from private factories named Sapthagiri Spenses and Services and Drysecs Technology India Limited. This water was intended to be released at 296B, 1st Stage, Sompur, KIADB Industrial Area, Dabbaspet in Bangalore Eco Park. It is further alleged that the - 3 - NC: 2025:KHC:11973 CRL.P No. 180 of 2024 petitioners attempted to release the contaminated water in an open space along public areas on the Chikkaballapur-Vijayapura Main Road. Upon receiving the complaint, the police intercepted and seized the vehicle containing the contaminated chemical water. 3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent- State. 4. The petitioners have produced the consent dated 13.07.2021 issued by the Karnataka State Pollution Control Board, authorizing them to transport industrial wastes in the subject vehicle. This consent is valid until 30.06.2026. The State has not disputed the license granted by the Karnataka State Pollution Control Board. 5. To constitute an offence under Section 277 of the IPC, it must be established that a person voluntarily corrupts or fouls the water of any public spring or reservoir, rendering it unfit for its ordinary use. The punishment for such an offence is imprisonment for up to three months, a fine, or both. 6. Section 278 of the IPC states that whoever voluntarily vitiates the atmosphere in a manner harmful to the health of the general public residing, conducting business in the vicinity, or passing along a public way shall be punished with a fine that may extend to Rs.500/-. - 4 - NC: 2025:KHC:11973 CRL.P No. 180 of 2024 7. In the present case, there is no evidence to establish that the petitioners transported industrial waste or contaminated water to any public spring or reservoir, or that they vitiated the atmosphere in a public place, as required to constitute the alleged offences. In the absence of essential elements necessary to establish the commission of the offences, continuing the investigation would amount to an abuse of the process of law. 8. Accordingly , the petition is allowed. 9. The impugned FIR in Crime No.232/2023 registered by the Vijayapura Police Station, Doddaballapura Sub-Division, and Bengaluru Rural is hereby quashed. 10. Pending I.A.do not survive for consideration, and stands disposed of. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 3 Sl No.: 2