- 1 - NC: 2025:KHC:18203 CRL.P No. 6552 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 6552 OF 2025 BETWEEN: MR. H.D. KUMARSWAMY, S/O MR. H.D. DEVEGOWDA, AGED ABOUT 65 YEARS, FORMER CHIEF MINISTER, KARNATAKA STATE PRESENTLY MINISTER IN GOVERNMENT OF INDIA AND MEMBER OF PARLIAMENT, R/AT NO.286, 3RD MAIN, 3RD PHASE, MINI FOREST ROAD, J.P.NAGAR, BANGALORE - 560 078. …PETITIONER (BY SRI. HASHMATH PASHA, SR. COUNSEL FOR SRI. KARIAPPA N.A., ADVOCATE) AND: STATE OF KARNATAKA BY DYSP, SPECIAL INVESTIGATION TEAM BY LOKAYUKTA POLICE, BANGALORE. REPRESENTED BY LEARNED SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE CITY …RESPONDENT (BY SRI. VENKATESH ARABATTI, ADVOCATE) *** THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) OF CR.P.C PRAYING TO PASS AN ORDER OF DIRECTION TO KEEP ABEYANCE OF APPLICATION FOR Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18203 CRL.P No. 6552 of 2025 CANCELLATION OF ANTICIPATORY BAIL ORDER IN CRL.MIS.NO.4877/2015 FILED BEFORE THE HONBLE LXXXI CITY CIVIL AND SESSIONS JUDGE, SPECIAL COURT FOR ELECTED REPRESENTATIVES, BANGALORE CITY, UNTIL THE DISPOSAL OF THE CRIMINAL PETITION NO.11851/2024 PENDING BEFORE THIS HONBLE COURT IS FINALLY DECIDED, ETC. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL ORDER Office objections are not to be considered, having regard to the prayer made by the learned Senior Counsel for the petitioner. 2. On behalf of the respondent, learned counsel Sri. Venkatesh Arabatti, who had appeared on 29.04.2025, appears before this Court and opposes the petition. 3. The petition prayer reads as under: "WHEREFORE, the petitioner most humbly prays that this Hon'ble Court be pleased to pass an order of direction to keep abeyance of application for cancellation of anticipatory bail order in - 3 - NC: 2025:KHC:18203 CRL.P No. 6552 of 2025 Crl.Mis.No.4877/2015 filed before the Hon'ble LXXXI City Civil and Sessions Judge, Special Court for elected representatives, Bangalore City, until the disposal of the Criminal Petition No.11851/2024 pending before this Hon'ble Court is finally decided. 2. Further to retrain the respondent in pursuing the application filed for cancellation of anticipatory bail order in Crime No.16/2014, which is pending on the file of Hon'ble LXXXI Additional City Civil and Sessions Judge and Special Judge for Elected Representatives, Bangalore, until the disposal of Criminal Petition No.11851/2024, in the ends of justice. 3. To grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity." 4. In respect of the offence said to have been committed by the petitioner herein, a case came to be registered in Crime No.16/2014. 5. Petitioner herein obtained an order of grant of anticipatory bail in respect of Crime No.16/2014, instituted by the Karnataka Lokayukta. Learned Special Judge, while allowing the anticipatory bail request, has imposed the following conditions: "1. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the acts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. - 4 - NC: 2025:KHC:18203 CRL.P No. 6552 of 2025 2. The petitioner shall appear before the Investigating Officer for the purpose of investigation whenever summoned by the Investigating Officer." 6. It is the allegation of the Lokayukta Police that the petitioner herein has repeatedly gone to the media and made intimidatory remarks against the Head of the Lokayukta Institution. The jurisdictional Police registered a case in Crime No.211/2024 on 04.11.2024 for the offence punishable under Section 224 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter for brevity referred to as "BNSS,2023"). 7. The petitioner approached this Court in Criminal Petition No.11851/2024. The co-ordinate bench of this Court, by order dated 06.11.2024, after hearing the learned Additional State Public Prosecutor, passed the order, which reads as under: "Heard the learned Senior counsel, Sri. Hashmath Pasha, appearing for the petitioners. Learned Additional State Public Prosecutor waives notice for respondent No.1. Issue emergent notice to respondent No.2. - 5 - NC: 2025:KHC:18203 CRL.P No. 6552 of 2025 Learned Additional State Public Prosecutor submits that respondent No.1 - State would not precipitate the matter in any kind or take any coercive steps/action against the petitioners. The said submission of the learned Additional State Public Prosecutor is placed on record. Learned Senior counsel at this juncture would submit that on the basis of the registration of the impugned crime, the prosecution is moving an application for cancellation of anticipatory bail granted 10 years ago. It is made clear that the prosecution, on the reason of the registration of the impugned crime, cannot and shall not move an application seeking cancellation of anticipatory bail and if the application is already filed, they are restrained from taking any further action on the application seeking cancellation of bail. The petitioners are reserved liberty to move the matter in the event of any precipitative action is taken by the State - respondent No.1 against the petitioners, contrary to what is observed hereinabove, otherwise, the matter be listed on 05.12.2024. Hand delivery of the order is permitted." 8. In the meantime, the cancellation of the anticipatory bail sought for by the Lokayukta Police is being adjudicated by the learned Special Judge in Crime No.16/2014. With regard - 6 - NC: 2025:KHC:18203 CRL.P No. 6552 of 2025 to the order dated 06.11.2024 referred to supra, there was an application filed by the Karnataka Lokayukta, seeking impleadment and while hearing such application, another co- ordinate bench of this Court passed a detailed order on 28.03.2025. The operative portion of the said Order reads as under: "i) In furtherance of the order dated 06.11.2024, there shall be stay of investigation of the FIR in Crime No.211/2024 of Sanjay Nagar Police Station, Bengaluru City for the offence punishable under Section 224 of BNSS pending on the file of XLII Additional Chief Judicial Magistrate, Bengaluru City, till the next date of hearing; ii) The second portion of the order dated 06.11.2024 passed by this Court, would not be operative from today onwards, hence is discontinued; iii) In view of this Court clarifying the order dated 06.11.2024, both the applications filed by the applicant/intervenor/proposed respondent No.3 stand disposed off. Accordingly, the applicant/intervenor/proposed respondent No.3 need not be impleaded as a party, as he is not a proper and necessary party to this proceedings." - 7 - NC: 2025:KHC:18203 CRL.P No. 6552 of 2025 9. Despite such order, the grounds of FIR in Crime No.211/2024 is sought to be pressed into service to seek for cancellation of anticipatory bail, is the grievance of the petitioner. 10. Sri. Hasmath Pasha, learned Senior Counsel representing the petitioner would contend that when once the FIR in Crime No.211/2024 is stayed by this Court and modification order dated 28.03.2025 also clarifies that the FIR is stayed, the learned Trial Judge, while adjudicating the application seeking for cancellation of bail, is precluded from basing the contents of the FIR as the ground for grant of cancellation of bail and therefore, sought for necessary directions in this regard. 11. Per contra, Sri. Venkatesh Arabatti, learned counsel representing Karnataka Lokayukta would contend that when once the petitioner has given a concession which has ultimately culminated into the order dated 28.03.2025 in the operative portion referred to supra, petitioner cannot now maintain the present petition, seeking further clarifications from this Court and the learned Trial Judge is at liberty to pass - 8 - NC: 2025:KHC:18203 CRL.P No. 6552 of 2025 appropriate orders on the application filed by the Lokayukta under Section 439(2) of the Cr.P.C. in accordance with law and therefore the present petition needs to be dismissed. 12. In this regard, he invites the attention of this Court to paragraph 6 of the order dated 28.03.2025. For ready reference, paragraph 6 of the order dated 28.03.2025 is culled out hereunder: "6. Per contra, Sri Hashmath Pasha, learned Senior Counsel appearing on behalf of the petitioners vehemently contends that the present petition is filed seeking to quash the proceedings in Crime No.211/2024 of Sanjay Nagara Police Station, Bengaluru City for the offence punishable under Section 224 of BNS and to set-aside the order dated 30.10.2024 under Section 174(2) of BNSS on the file of 42nd Additional Chief Judicial Magistrate, Bengaluru and along with main petition, he has filed an application for stay of investigation of the FIR of the said Crime No.211/2024, till the case is decided. Therefore, he contends that if the order of stay is granted, then he would not have much objections in modifying the second portion of the order passed by this Court on 06.11.2024. He also contends that the first portion of the said order was passed at the instance of the Additional State Public Prosecutor having made statement that he would not precipitate the matter in any kind or take any coercive - 9 - NC: 2025:KHC:18203 CRL.P No. 6552 of 2025 steps/action against the petitioners and the said submission was placed on record. Therefore, if this Court were to permit the applicant/intervenor/proposed respondent No.3, who is not the necessary and proper party for adjudication of the present petition, to implead in the proceedings, it would create injustice. Therefore, he objects to the said application being allowed and so also the application seeking modification initiated by the applicant/intervenor." 13. Having heard the arguments of both sides, this Court perused the material on record meticulously and on such perusal of the material on record, in the order dated 06.11.2024, one common thing that would appear is that, in the FIR in Crime No.211/2024 of Sanjay Nagar Police Station filed for the offence punishable under Section 224 of the BNSS, 2023, the stay of investigation is continued. Therefore, for all practical purposes, the contents of the complaint culminating in registering the case in Crime No.211/2024 cannot be considered by the learned Trial Judge, while considering the application filed under Section 439(2) of Cr.P.C. by the Karnataka Lokayukta. Further, if the application filed under Section 439(2) of the Cr.P.C. contains any other grounds, the learned Trial Judge is entitled to consider the same for the - 10 - NC: 2025:KHC:18203 CRL.P No. 6552 of 2025 purpose of cancellation of the anticipatory bail, in accordance with law. 14. The above observation would quell the apprehension expressed on both sides. 15. Accordingly, the following: ORDER (i) The petition stands disposed of. (ii) Learned Trial Judge is at liberty to proceed with the application filed under Section 439(2) of Cr.P.C. by the Karnataka Lokayukta in Crime No.16/2014. (iii) However, it is made clear that since the FIR in Crime No.211/2024 is stayed by this Court by order dated 06.11.2024, which stood modified on 28.03.2025 in Criminal Petition No.11851/2024, the contents of the complaint in Crime No. 211/2024 cannot be looked into by the learned Trial Judge, while passing suitable orders on the application filed under Section 439 (2) of the Cr.P.C. Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE BMV*/List No.: 1 Sl No.: 40/CT: BHK