- 1 - NC: 2025:KHC:4404 WP No. 1341 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1341 OF 2024 (GM-RES) BETWEEN: 1. SRI. RAMAPPA MADIVALAR S/O. LATE GAVISIDDAPPA MADIVALAR, AGED ABOUT 33 YEARS, WORKING AS ASSISTANT, OFFICE OF THE EXECUTIVE ENGINEER, DEPOSIT AND CONTRIBUTION, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, MALLESHWARAM, BANGALORE - 560 055. 2. SRI. NARAYANASWAMY B.M., S/O. LATE MUNIKADIRAPPA, AGED ABOUT 63 YEARS, R/AT NO. 224, 24TH MAIN, JUDICIAL LAYOUT, GKVK POST, YELAHANKA NEW TOWN, BANGALORE - 560 065. …PETITIONERS (BY SRI. SATISH K., ADVOCATE) AND: 1. THE STATE BY KODIGEHALLI POLICE STATION, REPRESENTED BY ITS SUB - INSPECTOR, KODIGEHALLI, BANGALORE - 560 092. 2. ASSISTANT EXECUTIVE ENGINEER, N1 SUB DIVISION, D BLOCK, 8TH MAIN, SAHAKAR NAGAR, B.W.S.S.B, BANGALORE - 560 092. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. B.L. SANJEEV, ADVOCATE FOR R2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4404 WP No. 1341 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF CR.P.C PRAYING TO a) CALL FOR RECORDS FROM THE RESPONDENT. b) QUASH THE IMPUGNED CHANGE SHEET CC NO.30013/23 DATED 16/11/2023 FILED BY THE KODIGEHALLI POLICE - THE RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 409 READ WITH SECTION 34 OF INDIAN PENAL CODE, 1860 (ANNEXURE-H) AND ALL FURTHER PROCEEDINGS PURSUANT THERETO, PENDING ON THE FILE OF THE HONBLE IV ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN CC NO. 30013/2023 (ANNEXURE-J) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition petitioners seeks the following reliefs:- "a) CALL for records from the respondent; b) ISSUE WRIT OR ORDER quashing the impugned Charge Sheet CC No.30013/23 dated 16/11/2023 filed by the Kodigehalli Police- the Respondent for the offences punishable under Sections 406, 409 read with Section 34 of Indian Penal Code, 1860 (ANNEXURE-H) and all further proceedings pursuant thereto, pending on the file of the Hon'ble IV Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.30013/2023 (ANNEXURE-J), in the interest of justice and equity. c) PASS any other Order including the cost of the Writ Petition, in the interest of justice and equity." - 3 - NC: 2025:KHC:4404 WP No. 1341 of 2024 2. Heard learned counsels for the parties and perused the material on record. 3. A perusal of the material on record would indicate that petitioners - accused Nos.1 and 2 were working as an Assistant Engineer in the Bangalore Water Supply and Sewerage Board [BWSSB] as on 16.12.2022 on which date, a complaint was lodged as against accused Nos.1 and 2 for allegations punishable under Sections 420, 468 and 471 of the Indian Penal Code, 1860. Subsequently, the petitioners have been arraigned as accused Nos.1 and 2 in the charge sheet and as such, the petitioners are before this Court by way of the present petition. 4. The material on record discloses that without obtaining necessary sanction as mandatorily required under Section 197 of Cr.P.C, the petitioners have been arraigned as accused Nos.1 and 2 in the charge sheet and the trial Court has taken cognizance of the offences as against accused Nos.1 and 2 despite there being no sanction to prosecute as against the petitioner - accused Nos.1 and 2, which is mandatory and on - 4 - NC: 2025:KHC:4404 WP No. 1341 of 2024 the failure of which, the entire proceedings have vitiated as held by the Apex Court in the following judgments: • Shadakshari Vs. State of Karnataka and Another reported in 2024 SCC Online SC 48. • D. Devaraja Vs. Owais Sabeer Hussain reported in (2020) 7 SCC 695. • Indra Devi Vs. State of Rajasthan and Another reported in (2021) 8 SCC 768. 5. Under these circumstances, the impugned proceedings qua the petitioners - accused Nos.1 and 2 deserve to be quashed. Hence, the following: ORDER a. The petition is hereby allowed. b. The impugned Charge Sheet dated 16.11.2023 for the offences punishable under Sections 406, 409 read with Section 34 of IPC and the proceedings in C.C.No.30013/2023 on the file of the learned IV Additional Chief Metropolitan Magistrate, Bangalore qua the petitioner - accused Nos.1 and 2 are hereby quashed. - 5 - NC: 2025:KHC:4404 WP No. 1341 of 2024 c. Liberty is reserved in favour of the respondents to obtain sanction and proceed further against the petitioners in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE GPG List No.: 1 Sl No.: 25 CT: BHK