- 1 - HC-KAR NC: 2025:KHC:23130 WP No. 11769 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11769 OF 2024 (GM-RES) BETWEEN: SRI. LOKESH AMBEKALLU S/O SRIPATHI GOWDA, AGED 55 YEARS R/A NEAR KAADU MALLESHWARAM TEMPLE, 48, 1ST TEMPLE ST., VYALIKAVAL, KODANDARAMPURA, MALLESHWARAM, BENGALURU-560003. …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION, BYADARAHALLI, BANGALORE-560 079 REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. 2. SRI. MALLESH H.R. S/O P. RAMASHETTY, AGED 52 YEARS, R/A FST-5, SHIFT-B, YASHAVANTAPURA, BANGALORE-560 091. …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO. 8861/2023 (CRIME NO.221/2023 OF BYADARAHALLI POLICE STATION) FOR THE OFFENCE PUNISHABLE UNDER SECTION 3 OF THE KARNATAKA OPEN PLACE DISFIGUREMENT ACT, PENDING BEFORE THE LEARNED CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL COURT AT BANGALORE, PRODUCED AT ANNEXURE-E. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23130 WP No. 11769 of 2024 THIS PETITION, 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, petitioner seeks the following reliefs:- “ A) Issuance of a writ of certiorari quashing the entire proceedings in CC No.8861/2023 (Crime No.221/2023 of Byadarahalli Police Station) for the offence punishable under Section 3 of the Karnataka Open Place Disfigurement Act, pending before the learned Chief Judicial Magistrate Bengaluru Rural Court at Bangalore, produced at Annexure- “E”, the interest of justice and equity. B) Pass of such other order/s or directions as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the 2nd respondent – first informant filed a complaint dated 29.04.2023 alleging that despite taking permission only to conduct rally on behalf of BJP, of which, he was the State Secretary in relation to State Assembly Elections scheduled on 10.05.2023, the petitioner affixed buntings, flags and banners in public places, thereby - 3 - HC-KAR NC: 2025:KHC:23130 WP No. 11769 of 2024 disfiguring them and committing the alleged offence punishable under Section 3 of the Karnataka Open Place Disfigurement Act, 1981 (for short ‘the said Act of 1981’). The Police registered NCR No.132/2023 on 29.04.2023 on the basis of the said complaint, subsequent to which the impugned FIR in Crime No.221/2023 dated 02.05.2023 was registered against the petitioner, pursuant to which, investigation was conducted and charge sheet was filed, which is currently pending in the impugned proceedings in C.C.No.8861/2023, aggrieved by which the petitioner is before this Court by way of the present petition. 4. A perusal of the material on record comprising of the complaint, FIR, charge sheet material, statement of witnesses, documents clearly establish that having regard to the undisputed fact that the petitioner had sought for permission to conduct rally and in the absence of any material to establish that it was the petitioner who had actually placed the alleged buntings, flags or banners in public places, the petitioner cannot be said to be guilty of commission of the alleged offence. Further, no show-cause notice had been issued to the petitioner alleging any violation of the model code of conduct which was prevailing on account of the - 4 - HC-KAR NC: 2025:KHC:23130 WP No. 11769 of 2024 State Assembly Elections. Further, having regard to the fact that the alleged offence was non-cognizable offence and NCR had been filed on 29.04.2023, it was incumbent upon the respondents to obtain necessary permission under Section 155(2) Cr.P.C., in the absence of which, the impugned FIR and all further proceedings pursuant thereto were vitiated and deserve to be quashed. 5. In relation to the said Act of 1981, a co-ordinate Bench of this Court in the case of Afzal vs. The State by Market P.S., Belagavi – Crl.P.No.100255/2023 dated 08.01.2025, held as under:- “ 1. The petitioners are being prosecuted for offences punishable under Sections 3 and 4 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981. The prosecution alleges that a head constable of Market Police Station, Belagavi, while patrolling Veerabhadra Nagar, 7th Cross, towards the double road, observed posters and pamphlets affixed to electrical poles located in the median of the road. These posters stated, “Babri Masjid Dec 6, 1992 - Dec 6, 2017: 25 years of National Shame. Rebuilding is a National Responsibility.” Upon further inquiry, the head constable identified the petitioners as the individuals - 5 - HC-KAR NC: 2025:KHC:23130 WP No. 11769 of 2024 responsible for affixing the posters and sought legal action against them. 2. The petitioners had previously approached this Court in Crl.P.No.101349/2022, which was dismissed with liberty to file an appropriate application for discharge. The petitioners subsequently filed a discharge application, arguing that the complaint was barred by limitation. However, the learned Magistrate rejected the application, stating that cognizance had been taken within the prescribed time. 3. The learned Additional Government Advocate (AGA) contended that the petitioners had earlier approached this Court, and hence, the successive petition is not maintainable. The grounds raised in the earlier criminal petition were as follows: i. That the proceedings initiated against the petitioners violated Section 195 of the Cr.P.C., as the Court cannot take cognizance unless a public servant files a private complaint under Section 200 of the Cr.P.C. Therefore, the registration of the case under Sections 3 and 4 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981, is illegal and barred by statute. ii. That the offences under Sections 3 and 4 of the Act are non-cognizable, and the police are prohibited from investigating the matter without prior permission of the jurisdictional Magistrate under Section 155(2) of the Cr.P.C. iii. That the date of complaint is 06.12.2017, while the charge sheet was filed on 15.06.2020, and the Magistrate took cognizance on 17.06.2020. There was a delay of 3 years, 6 months, and 15 days from the registration of the FIR. As per Section 468(2) of the Cr.P.C., - 6 - HC-KAR NC: 2025:KHC:23130 WP No. 11769 of 2024 cognizance should have been taken within one year, making it barred by limitation. 4. In the present petition, the petitioners challenge the cognizance taken on the ground that the complainant has failed to disclose the source of information regarding who affixed the posters on the electrical poles. The prosecution’s case is entirely based on the statement of the constable, who allegedly gathered information that the petitioners were responsible for affixing the posters. However, the source of this information has not been disclosed by the complainant, rendering the allegation that the petitioners are responsible for affixing the posters unsubstantiated. 5. In view of the above, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 6. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.282/2020 pending on the file of the learned II Additional JMFC Court Belagavi, insofar as it relates to the petitioners – accused stands quashed.” 6. This Court in Anantha Kumar & others vs. State of Karnataka – Crl.P.No.6767/2023 dated 10.02.2025, held as under:- “ In this petition, petitioners seek the following reliefs: “WHEREFORE, the petitioners/Accused Nos.1 to 10 named above pray that this Hon’ble Court may be - 7 - HC-KAR NC: 2025:KHC:23130 WP No. 11769 of 2024 pleased to pass an order quashing the entire proceedings in C.C.No.4423/2023 (Crime No.42/203) of Nelamangala Town P.S.) pending on the file of the Learned II Addl. Civil Judge & JMFC, Nelamangala, Bengaluru registered for the offences punishable under Section 3 of the Karnataka Open Place Disfigurement Act, 1951 and 1981 and Sections 426 and 427 of the Indian Penal Code, to meet the ends of justice.” 2. Heard learned counsel for the petitioners, learned Addl. SPP for respondent Nos.1 and 2 and perused the material on record. 3. A perusal of the material on record comprising of the complaint, charge sheet, FIR, statement of witnesses, documents etc., is sufficient to come to the conclusion that the offences under Section 3 of the Karnataka Open Places (Prevention Of Disfigurement) Act, 1981 (for short “the said Act of 1981”) or Section 426 and 427 of IPC have not been made out against the petitioner, especially when the alleged incident took place when the petitioners were at the spot for the purpose of organizing a social event to promote equality as a part of the organization called Yuvashakti Karnataka, who had undertaken several activities, particularly during Covid-19 pandemic exigency. 4. Under there circumstances, having regard to the fact that necessary ingredients being absent for commission of the aforesaid offences by the petitioners, continuation of the impugned criminal proceedings would tantamount to abuse of process of law and the same deserves to be quashed. 5. In the result, I pass the following: ORDER - 8 - HC-KAR NC: 2025:KHC:23130 WP No. 11769 of 2024 (i) The petition is allowed. (ii) The impugned criminal proceedings in C.C.No.4423/2023 (arising out of Crime No.42/2023 registered by respondent No.1-Police) pending on the file of the II Additional Civil Judge and JMFC, Nelamangala, Bengaluru, in so far as the petitioners are concerned, are hereby quashed.” 7. In view of the aforesaid facts and circumstances, I am of the view that continuation of the impugned proceedings qua the petitioner would amount to an abuse of process of law warranting interference by this Court in the present petition. 8. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.8861/2023 arising out of FIR in Crime No.221/2023 registered by the 1st respondent – Police, pending on the file of CJM, Bangalore Rural District, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE PMR/SRL