- 1 - NC: 2025:KHC:11940 CRL.P No. 6701 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6701 OF 2020 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. SATHISH, S/O LATE DODDALINGAIAH, AGED AOBUT 48 YEARS, WORKING AS POLICE CONSTABLE, HALAGURU POLICE STATION, MALAVALLI TALUK, MANDYA DISTRICT - 571 421. …PETITIONER (BY SRI. VIRUPAKSHAIAH P.H, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER, HALAGURU POLICE STATION, MALAVALLI TALUK, MANDYA DISTRICT - 571 421, BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. KALAIAH, S/O KARIYAIAH, AGED ABOUT 44 YEARS, R/O MARAGOWDANAHALLI VILLAGE, N. KODAHALLI POST, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 419. …RESPONDENTS (BY SMT. RASHMI PATEL, ADVOCATE FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:11940 CRL.P No. 6701 of 2020 THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO 1. QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.179/2016 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MALAVALLI VIDE ANNEXURE-E FOR THE OFFENCE P/U/S 342, 504, 324, 323, 355, 506 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 482 of Cr.P.C., praying to quash the entire proceedings in C.C.No.179/2016 on the file of the Court of Principal Civil Judge and JMFC, Malavalli, Registered against accused Nos.1 to 3 for offences Punishable under Section 342, 504, 324, 323, 355, 506 read with Section 34 of IPC. 2. In the complaint filed by one Kalaiah S/o Kariyaiah, he has alleged that accused No.1, working as Sub Inspector of Police, Halaguru Police Station, Malavalli and accused Nos.2 and 3 working under accused No.1 as Police Constables had entered his house on 13.10.2011 at about 09:00 p.m., and forcibly took him into custody and forced him to confess in a false case. Further, they abused him in filthy language and mercilessly - 3 - NC: 2025:KHC:11940 CRL.P No. 6701 of 2020 beat him with iron and wooden sticks and caused injuries to him etc., 3. Learned counsel for petitioner has furnished a copy of the order passed by this Court in Crl.P.No.1777/2023 preferred by accused No.1. One of the grounds raised in the said petition was that being a public servant, there was no sanction obtained for his prosecution. This Court relying on various judgments, has observed as under:- "The facts obtaining in the subject case are identical to the facts that were obtaining before the Apex Court in the aforesaid mentioned case. The Apex Court holds that sanction would cut at the root of the matter if it has nexus with the discharge of official duties. Nexus with discharge of official duties is, on the face of it, present in the case at hand. Therefore, for want of sanction further proceedings before the concerned Court cannot be permitted to be continued. However, it would not obliterate what has happened prior to taking of cognizance." 4. While allowing the above petition this Court has concluded as under: "Therefore, it is open to the Investigating Officer or the complainant to obtain sanction from the hands of the Competent Authority to prosecute the petitioner. Till such time, further proceedings cannot continue and if no sanction is granted, the proceedings would stand obliterated." - 4 - NC: 2025:KHC:11940 CRL.P No. 6701 of 2020 5. Since the petitioner also stand on the same footing, the order passed in Crl.P.No.1777/2023 and the observations made therein shall apply to the present case. Hence, the following:- ORDER: i) Petition is allowed. ii) The order of taking cognizance in C.C.No.179/2016 pending before the Court of Principal Civil Judge and JMFC, Malavalli stands quashed qua the petitioner, with the observations in the course of the order. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 2 CT: BHK