- 1 - NC: 2025:KHC:12353 CRL.P No. 8599 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8599 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: RAMAPPA Y, S/O LATE YALLAPPA, AGED ABOUT 62 YEARS, OCC.: CONTRACTOR, PRESENTLY R/AT 2ND MAIN, 2ND CROSS, TARALABALU VILLAGE, DAVANAGERE - 577 006. PERMANENT ADDRESS: Y. RAMAPPA, S/O KULUME YALLAPPA, NO.271, NERLIGE, NERLEGI, NERLIGI, DAVANAGERE - 577 556. …PETITIONER (BY SRI. S.G.RAJENDRA REDDY., ADVOCATE) AND: 1. STATE BY MAYAKONDA POLICE STATION, DAVANAGERE DISTRICT. REPRESENTED BY S.P.P., HIGH COURT BUILDING, BENGALURU - 560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12353 CRL.P No. 8599 of 2023 2. SANGAPPA G. N. S/O NEELAKANTAPPA, AGED ABOUT 65 YEARS, FARMER, R/O GANGANAKATTE VILLAGE, DAVANAGERE DISTRICT - 577 556. …RESPONDENTS (BY SMT.RASHMI PATEL, HCGP FOR R1; R2 IS SERVED) THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.3697/2021 FILED BY THE MAYAKONDA POLICE, FOR THE OFFENCE P/U/S 153, 153A, 295A, 504, 506 OF IPC, PENDING ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC COURT, DAVANAGERE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is the sole accused in Crime No.46/2019 of Mayakonda Police Station registered for offences punishable under Sections 153, 153(A), 295(A), 504 and 506 of IPC. 2. On completion of investigation, police have filed charge sheet for the aforementioned offences. - 3 - NC: 2025:KHC:12353 CRL.P No. 8599 of 2023 3. It is the case of prosecution that on 23.04.2019 at about 2.30 p.m., during parliamentary election, when polling was in process at Government Higher Primary School in Nerligi Village, accused by standing in front of the school abused the leaders of complainant's party in the presence of C.W.10 to C.W.13, using unparliamentary words insulting their caste, thereby promoting enmity between the two religions etc. 4. Perusal of the complaint averments and the charge sheet materials show that the complainant was not at all present at the spot when the incident took place. In the further statement recorded on 29.04.2019, he has stated that he was not present in the village when the incident took place. Though the incident took place on 23.04.2019 at about 2.30 p.m., complaint is lodged after two days i.e., on 25.04.2019 at about 10.15 p.m. There is no explanation in the complaint for lodging the complaint belatedly. - 4 - NC: 2025:KHC:12353 CRL.P No. 8599 of 2023 5. Under Section 196 of Cr.P.C (Section 217 of BNSS) there is a bar for the Courts to take cognizance of offences punishable under Section 153(A) and 295(A) of IPC, without the previous sanction of the concerned Government. In the present case no such sanction has been obtained to prosecute the petitioner under the said provisions. 6. It is contended by the learned counsel for petitioner that due to political reasons, a false complaint was lodged against the petitioner. 7. Having perused the material on record, this Court is of the considered view that the proceedings initiated against the petitioner is an abuse of process of law. Accordingly, the following:- ORDER i. Petition is allowed. ii. The entire proceedings against the petitioner/accused pending in C.C No.3697/2021 on - 5 - NC: 2025:KHC:12353 CRL.P No. 8599 of 2023 the file of the Court of I Additional Civil Judge and J.M.F.C, Davanagere (Crime No.46/2019 of Mayakonda Police Station, Davanagere) is quashed. . Sd/- (MOHAMMAD NAWAZ) JUDGE VS List No.: 1 Sl No.: 29