- 1 - NC: 2025:KHC-K:979 WP No. 203534 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 203534 OF 2024 (GM-RES) BETWEEN: 1. KESHAV @ KESHURAY S/O SHANKAR BIRADAR, AGED: 37 YEARS, OCC: C.H.C-223, CHOWK POLICE STATION, NOW AT BRAMPUR, KALABURAGI CITY, R/O. VARDHANAGAR, UDNOOR ROAD, KALABURAGI-585102. 2. UMESH S/O ANANDRAO DHANNUR, AGED: 40 YEARS, OCC. CPC 882, CHOWK POLICE STATION, KALBURGI CITY, R/O RAMNAGAR KALABURAGI-585102. 3. ASHOK S/O MANOHAR SUTAR, AGED: 43 YEARS, OCC: C.P.C-625, CHOWK POLICE STATION, KALABURAGI CITY, R/O. NANDAGOKUL NAGARA, UDNOOR ROAD, KALABURAGI-585102. 4. RAJU @ RAJKUMAR S/O AMRUTH CHOUDHARY, AGED: 33 YEARS, OCC: C.P.C-1100, CHOWK POLICE STATION, KALABURAGI CITY, R/O. SARASAMBA, TQ. ALAND, DIST. KALABURAGI-585302. Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:979 WP No. 203534 of 2024 5. SIDRAMAYYA S/O RUDRAYYA MATHAPATI, AGED 42 YEARS, OCC: C.H.C-222, RAGHAVENDRA NAGAR POLICE STATION, KALABURAGI CITY, R/O. GOUDGAON, TQ. AFZALPUR, DIST. KALABURAGI-585213. 6. MUTTAPPA S/O RAVUTAPPA BUTTANI, AGED: 32 YEARS, OCC: A.P.C-262 CAR KALABURAGI CITY, NOW UNDER DEPUTATION AT STATE INTELLIGENCE DIVISION, KALABURAGI, R/O KOKATNUR, TQ. SINDAGI, DIST. VIJAYAPURA. …PETITIONERS (BY SRI D. P. AMBEKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE SHO , CHOWK POLICE STATION, KALABURAGI B. SUB-DIVISION KALABURAGI CITY, REP.BY ITS STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL’S OFFICE, HIGH COURT BUILDING, KALABURAGI-585103. 2. SHRI DUNDAPPA S/O SIDDRAM JAMADAR, AGED: 29 YEARS, OCC: HOTEL EMPLOYEE, R/O. GANGANAGAR AFZALPUR, DIST. KALABURAGI, KALABURAGI CITY, KARNATAKA. …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 SRI MAHANTESH H. DESAI, ADVOCATE FOR R2) - 3 - NC: 2025:KHC-K:979 WP No. 203534 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS ACT, PRAYING TO a) ISSUE A WRIT, ORDER OR DIRECTION IN NATURE OF CERTIORARI QUASHING ANNEXURE-F NAMELY, THE CHARGESHEET / FINAL REPORT NO.54/2024 DATED 29.08.2024 INVOKING OFFENCES PUNISHABLE U/SEC.323, 324, 341, 342, 504, 506 AND SEC.201 R/W SEC. 149 IPC, 1860. b) ISSUE A WRIT, ORDER OR DIRECTION IN NATURE OF CERTIORARI QUASHING ANNEXURE-G NAMELY ORDER DATED 09.09.2024 PASSED BY THE III ADDL. JMFC KALABURAGI IN CC NO. 10131/2024 TAKING COGNIZANCE OF OFFENCES PUNISHABLE U/SEC. 323, 324, 341, 342, 504, 506 AND SEC.201 R/W SEC. 149 IPC, 1860 AGAINST THE ACCUSED / PETITIONERS DESPITE DENIAL OF SANCTION BY THE COMPETENT AUTHORITY,. c) SUCH FURTHER OR OTHER RELIEFS BE GRANTED TO WHICH THE PETITIONERS WOULD BE FOUND ENTITLED TO ON THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.2 to 7 are before this Court in this petition filed under Article 226 of the Constitution of India, read with Section 528 of Bharatiya Nagarika Suraksha Sanhita, 2023, seeking for the following reliefs: (a) Issue a writ, order or direction in the nature of certiorari quashing Annexure-F, namely, the charge- sheet/final report No.54/2024 dated 29.08.2024 invoking - 4 - NC: 2025:KHC-K:979 WP No. 203534 of 2024 offences punishable under Section 323, 324, 341, 342, 504, 506 and Section 201 read with Section 149 of IPC, 1860. (b) Issue a writ, order or direction in nature of certiorari quashing Annexure-G, namely, order dated 09.09.2024 passed by the III Additional JMFC Court, Kalaburagi, in C.C.No.10131/2024 taking cognizance of the offences punishable under Section 323, 324, 341, 342, 504, 506 and Section 201 read with Section 149 of IPC, 1860, against the accused/petitioners despite denial of sanction by the competent authority. (c) Such further or other reliefs be granted to which the petitioners would be found entitled to on the facts and circumstances of the case; 2. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that, the petitioners herein are police officers and therefore, the sanction as provided under Section 197 of Cr.P.C., is required to be obtained from the competent authority and in the absence of the same, cognizance of the alleged offence, as against the petitioners cannot be taken. He submits that, therefore, the order impugned in the writ petition dated 09.09.2024 cannot be sustained. - 5 - NC: 2025:KHC-K:979 WP No. 203534 of 2024 3. Per contra, learned HCGP appearing on behalf of the respondent No.1 submits that, the act committed by the accused persons cannot be said to have been committed during the course of discharging their duty, therefore, the sanction under Section 197 of Cr.P.C., is not required. He submits that, the State placing reliance on the Judgment of the Hon’ble Supreme Court in the case of A. Sreenivasa Reddy Vs. Rakesh Sharma and another, reported in 2023 INSC 682 has already rejected the application seeking sanction to prosecute the accused No.1 in the present case on the ground that, the alleged act has been committed by him in colourable exercise of his duty. He submits that, considering the allegations as against the accused Nos.2 to 7 who are the petitioners herein, it cannot be said that, they have committed the alleged act during the course of discharging their duty. Accordingly, he prays to dismiss the petition. 4. The allegation against the accused persons who are all police officers is that, they had forcibly taken the de - 6 - NC: 2025:KHC-K:979 WP No. 203534 of 2024 facto complainant along with them on 24.10.2021 by showing him a gun and threatening him and thereafter they had tied his hands with a rope and assaulted him with wooden clubs and as a result of the assault made by the accused persons, the de facto complainant who is the victim in the present case had suffered injuries and he was admitted in GIMS Hospital at Kalaburagi. It is under these circumstances, he had submitted a complaint on 29.10.2021 based on which FIR was registered against the petitioners and accused No.1 initially for the offence punishable under Sections 323, 324, 341, 342, 504 and 506 of IPC. 5. The police after the investigation have now filed charge-sheet against the accused persons for the offence punishable under Sections 323, 324, 341, 342, 504, 506, 201 read with Section 149 of IPC. Considering the nature of allegations found against the petitioners/accused, it cannot be said that, the alleged act of theirs is committed by them during the course of discharge of their duty. As - 7 - NC: 2025:KHC-K:979 WP No. 203534 of 2024 rightly contended by the learned HCGP, the State has already held that no sanction is required to prosecute the accused No.1 who is the higher officer of the petitioners herein, considering the fact that, the alleged act has been committed by the accused in colourable exercise of their duties. 6. Under the circumstances, I am of the opinion that, there is no merit in the contention urged on behalf of the petitioners that the trial Court could not have taken cognizance of the charge-sheeted offences in the absence of sanction as provided under Section 197 of Cr.P.C. Accordingly, the following order: ORDER The writ petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 44 CT:PK