- 1 - HC-KAR NC: 2025:KHC:21462 CRL.P No. 6927 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6927 OF 2025 BETWEEN: 1. B. N. CHANDRAPPA, AGED ABOUT 70 YEARS, S/O LATE. NAGAPPA, RESIDING AT NO.C 24, 1ST CROSS, 8TH MAIN, 1ST MAIN, 8TH CROSS, MOUNT CARMEL COLLEGE, VASANTH NAGAR, BENGALURU – 560 001. 2. ABDUL KHADAR, S/O. ABDUL MUNAF, AGED ABOUT 55 YEARS, WARD NO.1, PANDURANAGA SWAMY TEMPLE, VENKATAGIRI, CHINTAMANI, CHIKKABALLAPUR – 563 125. 3. UMA DEVI, W/O. PRAKASH.Y, AGED ABOUT 57 YEARS, GOLLAHALLI JANATHA SITE, NEAR BALAJI KALYANA MANTAPA, NELAMANGALA TALUK, BENGALURU RURAL – 562 123. 4. GAYATHRI DEVI, W/O SHANUBOGHA VIRUPAKSHAPPA, AGED 67 YEARS, CHIGATERI, DAVANGERE – 583 127. Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21462 CRL.P No. 6927 of 2025 5. SAVITHA H, W/O. MANJUNATHA.B., AGED ABOUT 42 YEARS, 38, 2ND STAGE, 3RD MAIN ROAD, BAPUJINAGAR, BANGALORE – 560 026. 6. GIRIJA S., D/O. SUBRAMANI, AGED ABOUT 63 YEARS, #10-A, 2ND MAIN ROAD, 3RD CROSS, BAPUJINAGARA, BENGALURU – 560 026. 7. D.V.LAKSHMI, (WRONGLY SHOWN AS T.B.LAKSHMI), W/O. SURESH.S, AGED ABOUT 42 YEARS, NO.55, 4TH CROSS, KRISHNA MURTHY LAYOUT, TAVAREKERE, DHARMARAM COLLEGE, BENGALURU – 560 029. 8. JAYASHREE H.P., (WRONGLY SHOWN AS JAYASHREE GOWDA), W/O. MUNIMADE GOWDA, AGED ABOUT 49 YEARS, R/A. NO.514/1, 9TH MAIN, 11TH A CROSS, J.P.NAGAR, 2ND PHASE, BANGLORE – 560 078. 9. VINAYA KUMAR, S/O. ANAND BABU, AGED ABOUT 29 YEARS, R/A. NO.888, INDIRA NAGARA, CHICKABALLAPUR – 562 101. - 3 - HC-KAR NC: 2025:KHC:21462 CRL.P No. 6927 of 2025 10. P.N.MUNNE GOWDA, S/O. N. GOWDA, AGED ABOUT 48 YEARS, R/A. NO.29, DIBBUR, CHIKKABALLAPUR – 562 101. 11. SHANKAR N.V., S/O. VENKATESHAPPA, AGED ABOUT 23 YEARS, R/A NALLAPPANAHALLI, CHIKKABALLAPURA – 562 104. 12. MANGALA PRAKASH, W/O PRAKASH, AGED ABOUT YEARS, #313 WARD 4, PRASHANTHA NAGARA, CHIKKABALLAPURA – 562 101. 13. SUDHA S.V., W/O. VENKAT RAJU, AGED ABOUT 45 YEARS, #120, SAMRUDDI, 1ST MAIN, 6TH B CROSS, MUNESHWAR, ATTUR LAYOUT, YELAHANKA, BENGALURU – 560 064. 14. VARADA SIKANDA, (WRONGLY SHOWN AS SIKANDAR VARMA), S/O. BASHIR SAB, AGED ABOUT 38 YEARS, #15/4, BEHIND VETINARY HOSPITAL ISLAMPETE, HADAGALLI, BELLARY – 583 219. 15. ALISAB ANWARSAB MASANKATTI, (WRONGLY SHOWN AS JAROPA NARASAKATTI), - 4 - HC-KAR NC: 2025:KHC:21462 CRL.P No. 6927 of 2025 S/O. ANWARSAB MASANKATTI, AGED ABOUT 37 YEARS, #1B/1096, POST DANDELI, MARUTI NAGARA, HALIYAL, DANDELI, UTTARA KARNATAKA – 581 325. 16. P.VIVEK, S/O. P. NEELAPPA, AGED ABOUT 41 YEARS, #34/34, BEHIND LIONS CLUB, KAPPAGAL ROAD, GANDHI NAGAR, BALLARI – 583 103. …PETITIONERS (BY SRI. SURYA MUKUNDARAJ L., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY WILSON GARDEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. SRI.A. RAJU, S/O NOT KNOWN TO THE PETITIONER, AGE NOT KNOWN TO THE PETITIONER, POLICE SUB INSPECTOR, WILSON GADEN POLICE STATION, KARNATAKA – 560 051. …RESPONDENTS (BY SRI.JAGADEESHA B.N., ADDL. S.P.P., FOR R-1) *** THIS CRL.P. IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS AGAINST THE PETITIONERS IN C.C.NO.25189/2024 (PCR NO.9858/2022) INITIATED BY THE 1ST RESPONDENT WILSON - 5 - HC-KAR NC: 2025:KHC:21462 CRL.P No. 6927 of 2025 GARDEN POLICE, BANGALORE, PENDING BEFORE THE HON'BLE 42nd ADDL.CMM COURT (SPECIAL COURT FOR TRIAL OF CASES AGAINST SITTING AS WELL AS FORMER MPs/MLAs TRIABLE BY MAGISTRATE IN THE STATE OF KARNATAKA) BANGALORE FOR THE OFFENCES P/US/ 188, 290 OF IPC AND SEC.103 OF K P ACT, AND GRANT RELIEFS TO THE PETITIONERS HEREIN, IN THE INTEREST OF JUSTICE. THIS CRL.P., 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, the petitioners seek the following reliefs. "It is therefore prayed that this Hon'ble Court be pleased to quash the entire proceedings as against the petitioners in C.C.No.25189/2024 (PCR No.9858/2022) initiated by the 1st respondent Wilson Garden Police, Bangalore, pending before the Hon'ble 42nd Addl. CMM Court (Special Court for trial of cases against sitting as well as former MPs/MLAs triable by Magistrate in the State of Karnataka) Bangalore for the offences p/u/s 188, 290 of IPC and Sec.103 of K P Act, and grant reliefs to the petitioners herein, in the interest of justice." - 6 - HC-KAR NC: 2025:KHC:21462 CRL.P No. 6927 of 2025 2. Heard the learned counsel for the petitioner and learned Additional SPP for respondent No.1 -State. 3. A perusal of the material on record will indicate that the petitioners are arraigned as accused Nos.34, 40, 43, 45, 46, 47, 50, 51, 54, 55, 57, 73, 76, 87, 97, and 101 respectively in C.C.No.25189/2024 for the offences punishable under Sections 188 and 290 of IPC. 4. The accused Nos.4, 6 and 10 in the very same C.C.No.25189/2024 approached this Court in Writ Petition No.24699/2024 (GM-RES), which was allowed vide final order dated 12.09.2024, which reads as hereunder: "The petitioners are before this Court, seeking the following prayers: "a) To Issue a Writ in the nature of Certiorari or any other order, direction or Appropriate Relief/Relief's to Quash Private Complaint dated 22.06.2022, bearing P.C.R No.9858/2022 in CC 25189/2024, for the offences punishable under Section 188 and Section 290 Indian Penal Code, 1860, Section 103 of the Karnataka Police Act, 1961 in so far as the present petitioners is concerned, pending on file of the 42nd Additional Chief Metropolitan Magistrate (Special Court to try cases against siting as well as former MP's and MLA, triable by Magistrate in the State of - 7 - HC-KAR NC: 2025:KHC:21462 CRL.P No. 6927 of 2025 Karnataka). A Copy of the Private Complaint dated 22.06.2022, is annexed hereto as ANNEXURE-A. b) To Issue a Writ in the nature of Certiorari or any other order, direction or Appropriate Relief/Relief's to Quash order taking cognizance and issuance of summons dated 25.07.2024 in relation to proceedings in P.C.R No.9858/2022 in CC 25189/2024, for the offences punishable under Section 188 and Section 290 Indian Penal Code, 1860 Section 103 of the Karnataka Police Act, 1961 in so far as the present petitioners are concerned, presently pending on file of the 42nd Additional Chief Metropolitan Magistrate (Special Court to try cases against siting as well as former MP's and MLA, triable by Magistrate in the State of Karnataka). ANNEXURE-B. c) Grant any such Order, Direction AND/OR any other Relief or Reliefs as this Hon'ble Court deems fit and necessary, in the facts and circumstances of the case in the interest of justice." 2. Heard Sri. Bipin Hegde, learned counsel appearing for the petitioners, Sri. Jagadeesha B.N., learned Addl.SPP appearing for the respondents and have perused the material on record. 3. Learned counsel, Sri. Bipin Hegde, appearing for the petitioners would submit that the issue in the lis stands answered by the judgments rendered by the Co-ordinate Bench of this Court in Crl.P.No.7228/2023 c/w W.P.No.14239/2023 dated 27.02.2024 and that of this Court in Crl.P.No.7376/2022 dated 16.08.2022. - 8 - HC-KAR NC: 2025:KHC:21462 CRL.P No. 6927 of 2025 4. The Co-ordinate Bench of this Court in the aforesaid judgment has quashed the proceedings on identical offences against the other accused, wherein it has held as follows: "2. Learned Sr. Advocate Mr.Aruna Shyam appearing for the petitioners submits that the cognizance of the offence could not have been taken by the court below, the private complaint filed u/s 200 of the Code of Criminal Procedure, 1973, for the subject offence itself being incompetent. In support of this, he banks upon of a Coordinate Bench decision in W.P.No.13328/2018 (GM-RES) between SRI. RAJASHEKHARANANDA SWAMIJI AND ANOTHER vs. STATE OF KARNATAKA, disposed off on 18.6.2021. He further submits that the provisions of Section 195 of the Code of Criminal Procedure, 1973 having been held mandatory by the Apex Court in SALONI ARORA V. STATE (NCT OF DELHI), (2017) 3 SCC 286, the quashment has to be granted by this court. 3. Learned Addl. SPP appearing for the respondent opposes the petitions contending that there can be delegation of power to lodge the complaint and therefore, in such an event, the author who promulgated the order in question need not go before the court to complain. Even otherwise, according to him, the arguable infirmity not going to root of the matter, no relief can be granted to the petitioners, as prayed for. So contending, he seeks dismissal of the petitions. 4. Having heard the learned counsel for the parties and having perused the Petition Papers, this court is inclined to grant relief to the petitioners, broadly agreeing with the submission made on their behalf. Similar question had cropped up before the Coordinate Bench in Rajashekharananda Swamiji supra. A - 9 - HC-KAR NC: 2025:KHC:21462 CRL.P No. 6927 of 2025 paragraphs 8 & 10 of the judgement, it is observed as under: “8. Reading of the above provision makes it clear that to take cognizance there should be a written complaint and such complaint should be filed either by the officer issuing such promulgation order or the officer above his rank. In the case on hand, as per the complaint itself, prohibitory order under Section 144 of IPC was promulgated by the Commissioner of Police and not the complainant. 10. Then the question is Annexures-A to D get vitiated only so far as the offence under Section 188 of IPC. In para 8 of the judgment in State of Karnataka v. Hemareddy1, the Hon'ble Supreme Court held as follows: “8. We agree with the view expressed by the learned Judge and hold that in cases where in the course of the same transaction an offence for which no complaint by a Court is necessary under Section 195(1)(b) of the Code of Criminal Procedure and an offence for which a complaint of a Court is necessary under that sub-section, are committed, it is not possible to split up and hold that the prosecution of the accused for the offences not mentioned in Section 195(1)(b) of the Code of Criminal Procedure should be upheld.” (Emphasis supplied)” The above observations come to the aid of petitioners. 5. The vehement submission of learned Addl. SPP that there can be delegation of “power to complain” in terms of promulgated order in question, is bit difficult to countenance in the absence of such delegation being demonstrated from the text of the said order itself. It has been a settled position of law vide In Re Delhi Laws Act, 1951 SCC OnLine SC 45 that a delegate cannot further delegate: delegatus non potesta potestas delegare. Contra - 10 - HC-KAR NC: 2025:KHC:21462 CRL.P No. 6927 of 2025 having not been shown, the contention of the kind cannot be countenanced. In view of the above, these petitions being meritorious are allowed to meet the ends of justice and to prevent the abuse of process of the court; the impugned proceedings in C.C.No.24636/2022 pending on the file of learned VI Addl. Chief Metropolitan Magistrate, Bengaluru, are quashed." 5. In the light of the orders passed by the Co-ordinate Bench and that of this Court and for the reasons aforementioned, the following: ORDER (i) The petition is allowed. (ii) Proceedings pending in C.C.No.25189/2024 and Private Complaint bearing No 9858/2022 dated 22.6.2022 before the 29th Additional Chief Metropolitan Magistrate and which was subsequently transferred to 42nd Additional (Spl Court Trial Cases filed against sitting a well as former MP's and MLA, triable by Magistrate in the State of Karnataka) stand quashed qua the petitioners." 5. As could be seen from the aforesaid order, a co-ordinate bench of this Court, placed reliance upon earlier orders passed by other co-ordinate benches of this - 11 - HC-KAR NC: 2025:KHC:21462 CRL.P No. 6927 of 2025 Court, for the purpose of quashing the proceedings qua accused Nos.4, 6 and 10 therein. 6. Under these circumstances, by invoking Doctrine of parity, I am of the view that the present proceedings qua petitioners/accused also deserves to be quashed. 7. In the result petition, I pass the following: ORDER i. The Criminal Petition is hereby allowed; ii. The impugned proceedings pending in C.C.No.25189/2024 (PCR No.9858/2022), initiated by Wilson Garden Police, Bangalore, pending on the file of the 42nd Addl.CMM Court (Special Court for Trial of Cases Against Sitting as Well As Former MP's/MLA's triable by Magistrate in the State of Karnataka), Bangalore, for the offences punishable under Sections 188 and 290 of IPC and Section 103 of Karnataka Police Act, is hereby quashed, qua - 12 - HC-KAR NC: 2025:KHC:21462 CRL.P No. 6927 of 2025 the petitioners herein/accused Nos.34, 40, 43, 45, 46, 47, 50, 51, 54, 55, 57, 73, 76, 87, 97, and 101 respectively. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 7