- 1 - HC-KAR NC: 2025:KHC-D:8849 CRL.P No. 102645 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102645 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: 1. RAJU @ YALLAPPA S/O. IRANNA KHANAPPANAVAR, AGE: 42 YEARS, OCC: BUSINESS, R/AT: HALBIDDI ONI, GADAG-582101. 2. MAHESH S/O. NARAYAN ROKHADE, AGE: 44 YEARS, OCC: BUSINESS, R/AT: OKKALGERI ONI, GADAG-582101. 3. APPU @ MARUTI S/O. KALAKAPPA DUNDASI, AGE: 39 YEARS, OCC: COOLIE, R/AT: KHANTOT, NAGALINGANAGAR, GADAG-582101. 4. RAJU S/O. SIDDAPPA GADDI, AGE: 36 YEARS, OCC: AGENT, R/AT: OKKALAGERI ONI, GADAG-582101. 5. KIRAN S/O. KUMAR HIREMATH, AGE: 27 YEARS, OCC: AGENT, R/AT: TAGORE ROAD, GADAG-582101. 6. RAVI S/O. MARUTI MUKKANNAVAR, AGE: 25 YEARS, OCC: FINANCE WORK, R/AT: KHANTOT, GADAG-582101. 7. BHARATH S/O. YALLUSA BADI, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8849 CRL.P No. 102645 of 2025 AGE: 27 YEARS, OCC: COOLIE, R/AT: HALDIBBA ONI, GADAG-582101. 8. IRANNA S/O. SHIVALINGAPPA GANIGER, AGE: 26 YEARS, OCC: ATTENDER, R/AT: NEAR KHANSAB GHORI, KHANTOT, GADAG-582101. 9. ESHWAR S/O. KRISHNASA KATWA, AGE: 32 YEARS, OCC: BUSINESS, R/AT: KHANTOT, GADAG-582101. …PETITIONERS (BY SRI. HIRANKUMAR PATEL, ADV. FOR SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, GADAG TOWN POLICE STATION, DHARWAD, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S.528 OF BNSS), PRAYING TO QUASH THE COGNIZANCE DATED 22/12/2023 AND ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 9/PETITIONERS AS INITIATED BY GADAG TOWN POLICE STATION IN CRIME NO. 113/2022 PENDING BEFORE THE 1ST ADDL. CIVIL JUDGE AND JMFC-I COURT, AT: GADAG IN C.C.NO.3004/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 188, 290 OF IPC, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8849 CRL.P No. 102645 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.Hirankumar Patel, learned counsel for Sri.Gouri Shankar Mot, learned counsel for petitioners and Smt. Kirtilata Patil, learned High Court Government Pleader for respondent-State. 2. Petitioners have filed this petition under Section 482 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) to quash the cognizance dated 22.12.2023 and the entire proceedings in C.C.No.3004/2023 on the file the I Additional Civil Judge and JMFC-I Court, Gadag, for the offences punishable under Sections 188 and 290 of the Indian Penal Code (for short, ‘the IPC’). 3. The brief facts of the prosecution case are as under: The District Magistrate/Deputy Commissioner of Gadag passed an order permitting the petitioners to celebrate Ganesh Chaturthi by erecting a pandal and - 4 - HC-KAR NC: 2025:KHC-D:8849 CRL.P No. 102645 of 2025 installing a Ganesh idol. However, the Deputy Commissioner directed the petitioners to obtain permission from the Municipality, Electricity Board, and the Jurisdictional Police before proceeding with the celebrations. Despite this, on 03.09.2022, at around 12:00 p.m., near Gadag Khantot Oni, on a public place near a school, the petitioners were found celebrating Ganesh Chaturthi in violation of the permission granted by the Deputy Commissioner. This led to the commission of offences punishable under Sections 188 and 279 of the IPC. Consequently, the first informant lodged a complaint, which was registered in Crime No. 113/2022, and an FIR was filed. Following this, after the charge sheet was filed, the learned Civil Judge and JMFC, Gadag, took cognizance of the offences and issued process against the petitioners. Aggrieved by this, the petitioners have filed the present petition. 4. Petitioners seeks following relief’s: - 5 - HC-KAR NC: 2025:KHC-D:8849 CRL.P No. 102645 of 2025 1. To quash the cognizance order dated 22/07/2023 passed in CC no.527/2023 by the learned Civil Judge and JMFC Moodabidri for the offences under section 188 of IPC at Annexure-D, wherein the petitioner is arrayed as Accused No.1 in the interest of justice and equity. 2. To quash the charge sheet dated 30/06/2023 filed by the Respondent no.1 Moodabidri PS pending as CC no.527/2023 arising out of crime no. 64/2023 before the learned Civil Judge and JMFC Moodabidri for the offences under section 188 of IPC at Annexure -C, wherein the petitioner is arrayed as Accused No.1 in the interest of justice and equity. 3. To quash the order dated 09/05/2023 at Annexure- D, passed by the by the learned Civil Judge and JMFC Moodabidri on complaint made by the respondent no.2 under section 200 of CrPC for the alleged offense under section 188 of IPC against the petitioner, in the interest of justice and equity. 4. Pass any other order which this Hon'ble court deems fit by considering the facts of this court, in the interest of justice and equity." 5. The learned counsel for the petitioners contended that the impugned proceedings against the petitioners for the offence punishable under Section 188 of the IPC, are not maintainable in the absence of the procedure laid down under Section 195(1)(a)(i) of the Cr.P.C., being followed. Consequently, there is no material - 6 - HC-KAR NC: 2025:KHC-D:8849 CRL.P No. 102645 of 2025 to attract Section 290 of the IPC. Therefore, the impugned proceedings deserve to be quashed. 6. In support of his submission, he places reliance upon the judgment rendered by Co-ordinate Bench of this Court in Crl.P.No.10544/2024 disposed of on 20.01.2025. 7. Per contra, learned HCGP for respondent-State would submit that there is no merit in the petition and the same is liable to be dismissed. 8. Upon perusal of the material available on record, it appears that on 03.09.2022, these petitioners erected a pandal to celebrate Ganesh Chaturthi, which involved the installation of electricity. However, both in the complaint and in the charge sheet, there is no allegation that they caused any disturbance or disorder in a public place. 9. Upon perusal of the complaint, it appears that one S.H. Gondi, HC-906 of the Gadag Police Station, lodged a complaint with the SHO. Consequently, the SHO - 7 - HC-KAR NC: 2025:KHC-D:8849 CRL.P No. 102645 of 2025 registered a case in Crime No.113/2022 for the offences punishable under Sections 188 and 290 of the IPC. Regarding Section 188 of the IPC, it is important to note that there is a bar under Section 195(1)(a)(i) of the Cr.P.C. Despite the same, the respondent-Police proceeded to register the FIR, which is contrary to the bar envisaged under Section 195(1)(a)(i) of the Cr.P.C. The Coordinate Bench of this Court, considering the judgment rendered in Crl.P.No.7868/2022 dated 01.09.2022, quashed the entire proceedings for the offences punishable under Section 188 of the IPC, in Crl.P.No.10544/2024, in similar facts and circumstances. 10. In the instant case, as rightly contended by the learned counsel for the petitioners, in light of the specific bar envisaged under Section 195(1)(a)(i) of the Cr.P.C., and in the absence of a written complaint by the public servant, I am of the opinion that the impugned proceedings are not maintainable and deserve to be - 8 - HC-KAR NC: 2025:KHC-D:8849 CRL.P No. 102645 of 2025 quashed. Accordingly, I proceed to pass the following order: ORDER i. The criminal petition is allowed. ii. The impugned proceedings pending in C.C.No.3004/2023 for the offences punishable under Sections 188 and 290 of the IPC, on the file of the I Additional Civil Judge and JMFC-I Court, Gadag, is hereby quashed. iii. Pending I.As., if any, stand disposed off. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 12