- 1 - HC-KAR NC: 2025:KHC-D:12027 CRL.P No. 103693 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103693 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. SIDDALINGAPPA @ ANIL S/O MALLAPPA ABBIGERI, AGE. 50 YEARS, OCC. BUSINESS, R/O. OLD SARAF BAZAR, GADAG. … PETITIONER (BY SRI. LAXMAN C. KULKARNI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH GADAG TOWN POLICE STATION, GADAG R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE FIR AGAINST THE PETITIONERS/ACCUSED GADAG TOWN POLICE STATION C.C. NO.02234/2023 (GADAG TOWN POLICE STATION CRIME NO.49/2023) FOR THE OFFENCES PUNISHABLE UNDER SECTION 3 OF KARNATAKA OPEN PLACE DISFIGUREMENT ACT AND UNDER SECTION 11 THE PREVENTION OF CRUELTY TO ANIMALS ACT 1960. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12027 CRL.P No. 103693 of 2025 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Learned HCGP is directed to take notice for respondent. 2. The petitioner is before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in C.C. No.2234 of 2023 pending before the Court of the First Additional Civil Judge and JMFC-I Court, Gadag, arising out of Crime No.49 of 2022 registered by Gadag Town Police Station. Gadag Sub-Division, Gadag for the offences punishable under Section 3 of the Karnataka Open Place Disfigurement Act, 195 and Sections 11 of the Prevention of Cruelty to Animals Act, 1960. 3. Heard the learned counsel for the petitioner. 4. Learned counsel for the petitioner submits that even if the allegation found in the first information and the - 3 - HC-KAR NC: 2025:KHC-D:12027 CRL.P No. 103693 of 2025 charge sheet are presumed to true, the alleged offences do not get attracted against the petitioner. 5. Per contra, learned HCGP has opposed the petition. 6. The allegation against the petitioner is that, he being a candidate to the general election from Gadag constituency from Bharatiya Janata Party, on 18.04.2022 in violation of the Code of Conduct, had used a Camel for the purpose of canvassing his candidature and thereby had committed the alleged offences. Section 3 of the Karnataka Open Place Disfigurement Act provides for penalty for unauthorised disfigurement by advertisement. There is no such allegation in the present case against the petitioner that he had disfigured any place open to public view by putting up any unauthorised advertisement. Therefore, the offence punishable under Section 3 of the Act does not get attracted against the petitioner. - 4 - HC-KAR NC: 2025:KHC-D:12027 CRL.P No. 103693 of 2025 7. So far as the offence punishable under Section 11 of the Prevention of Cruelty to Animals Act, 1960 is concerned, the same provides for punishment to the person for treating animals cruelly. Except the allegation, the petitioner had used a Camel on the aforesaid date for the purpose of canvassing his candidature, there is no such allegation or particulars of the manner in which the petitioner has treated any animal cruelly. Under the circumstances, continuation of the impugned criminal proceedings as against the petitioner for the aforesaid offences based on the allegation found against him in the FIR and in the charge sheet would result in abuse of process of law. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in C.C. No.2234 of 2023 pending before the Court of the First Additional Civil Judge and JMFC-I Court, Gadag, arising out of Crime No.49 of 2022 - 5 - HC-KAR NC: 2025:KHC-D:12027 CRL.P No. 103693 of 2025 registered by Gadag Town Police Station. Gadag Sub-Division, Gadag for the offences punishable under Section 3 of the Karnataka Open Place Disfigurement Act, 195 and Sections 11 of the Prevention of Cruelty to Animals Act, 1960 stands quashed as against the petitioner herein. (iii) Pending applications, if any, do not survive for consideration and are accordingly disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 48