- 1 - NC: 2025:KHC:9406 CRL.P No. 13607 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 13607 OF 2024 BETWEEN: 1. KESHAV MURTHY S/O DORESWAMY AGE ABOUT 58 YEARS R/AT NO.17, TAYI MANE MOLLURU VILLAGE KODATI GATE, SARJAPUR ROAD BENGALURU CITY-560 035, KARNATAKA. 2. PRASHANT S/O NAGARAJ AGED ABOUT 44 YEARS R/AT NO.322, 4TH CROSS POST OFFICE ROAD VALLABH BHAYI RAMAMURTHY NAGARA BENGALURU CITY-560 016 KARNATAKA. …PETITIONERS (BY SRI. HEMANTHA B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PULAKESHINAGAR POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560 001. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9406 CRL.P No. 13607 of 2024 2. KIRAN KUMAR P B POLICE INSPECTOR PULAKESHINAGARA POLICE STATION FRAZER TOWN BENGALURU-560 005. …RESPONDENTS (BY SRI. ANOP KUMAR M.V., HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN CC.NO.55037/2023 (ARISING OUT OF CRIME NO.71/2023) OF THE RESPONDENT NO.1 PULAKESHINAGAR POLICE STATION, FOR THE OFFENCE P/U/S 153, 153A, 34 OF IPC, PENDING ON THE FILE BEFORE THE HON'BLE 10TH ADDITIONAL CMM, MAYOHALL, BENGALURU, BENGALURU DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners accused No.1 and 2 who have been charge sheeted for the offences punishable under Sections 153A, 153,r/w section 34 of IPC are before this Court seeking relief. 2. The prosecution alleges that on 19.2.2023, a programme was organized to celebrate the anniversary of Sri Chhatrapati Shivaji, and the complainant and his staffs were deployed to provide Bandobasth to the said - 3 - NC: 2025:KHC:9406 CRL.P No. 13607 of 2024 programme, and the petitioners herein who were the part of the celebration made derogatory remarks against a particular community so as to out rage their religious feelings. 3. Heard the learned counsel for the petitioners and learned High Court Government for the respondent- State. 4. The cognizance of the offence punishable under Section 153A can be taken only upon previous sanction granted by the State Government as stated under Section 196 Cr.P.C. In the instant case, the cognizance of the offence under Section 153A of Cr.P.C. is taken without obtaining previous sanction of the State Government as stated under Section 196 Cr.P.C. Therefore, the cognizance taken on the aforesaid offences stands vitiates for want of authority. 5. Therefore, the continuation of the criminal proceedings against the petitioners herein would amount to abuse of the process of the law. 6. Accordingly, the petition is allowed. The impugned proceedings in C.C.No.55037/2023 on the file of the learned 10th Additional CMM, Mayohall, Bengaluru, - 4 - NC: 2025:KHC:9406 CRL.P No. 13607 of 2024 insofar it relates to the petitioners herein is hereby quashed. 7. Liberty is reserved 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.: 1 Sl No.: 119