- 1 - NC: 2025:KHC:10676 WP No. 15324 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 15324 OF 2024 (GM-RES) BETWEEN: 1. SRI PRAMODH HANUMANTHARAO MUTALIK S/O HANUMANTHARAO MUTALIK AGED ABOUT 67 YEARS, R/AT NO.2840, MUTALIK GALLI, HALLADKERI, HUKKERI TALUK, BELGAUM-591309, KARNATAKA. (NOTE: THE NAME OF THE PETITIONER AND HIS FATHER NAME, AGE AND ADDRESS OF THE PETITIONER IS CORRECT AS PER AADHAAR CARD OF THE PETITIONER) …PETITIONER (BY SRI. MANJUNATH S HALAWAR., ADVOCATE) AND: 1. STATE OF KARNATAKA HIGHGROUNDS POLICE STATION REP. BY HCGP HIGH COURT OF KARANATAKA. …RESPONDENT (BY SRI. RAHUL RAI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CHARGE SHEET FILED BY THE POLICE IN CRIME NO.111/2017 OF HIGHGROUNDS POLICE STATION, BANGALORE WHICH IS NOW REGISTERED AS CC NO. 25160/2023 ON THE FILE OF LEARNED 8TH ADDL. METROPOLITAN MAGISTRATE COURT AT BANGALORE FOR THE OFFENCES PUNISAHBLE UNDER SECTIONS 153A, 295(A), 506 OF IPC AND ALL FURTHER PROCEEDINGS. Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:10676 WP No. 15324 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner-accused, who has been charge- sheeted for offences punishable under Sections 153A, 295(A), and 506 of the IPC, is before this Court seeking relief. 2. The prosecution alleges that on 02.07.2017, at Moury Junction, within the limits of High Ground Police Station, a gathering of 50 people took place. The petitioner allegedly delivered a speech regarding the iftar dinner organized by Sri Vishveshwara Teertha Swamiji of Udupi Pejawar Math, Udupi, stating that there is no need to teach the Shanti Mantra to Hindu Dharma, Mathas, and temples, and that Muslims must learn that lesson. 3. Section 196 of the Cr.P.C. deals with the prosecution of offences against the State and criminal conspiracy to commit such offences. It explicitly states that no court shall take cognizance of any offence punishable under Chapter VI of the IPC or under Sections 153A, 295A, or sub-section (1) of Section 505, except with the prior sanction of the Central Government or the State Government. - 3 - NC: 2025:KHC:10676 WP No. 15324 of 2024 4. In the present case, cognizance of the offences punishable under Sections 295A and 153A has been taken without obtaining the prior sanction of either the State Government or the Central Government, as mandated under Section 196 of the Cr.P.C. 5. Under these circumstances, the cognizance taken by the learned Trial Court stands vitiated due to non- compliance with Section 196 of the Cr.P.C. Therefore, the continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. 7. The impugned proceedings in C.C.No.25160/2023, pending on the file of the 8th Additional Chief Metropolitan Magistrate, Bengaluru, insofar it relates to the petitioner herein is hereby quashed. 8. Liberty is reserved with the respondents to obtain sanction under Section 196 Cr.P.C., and thereafter proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR, List No.: 2 Sl No.: 2