- 1 - HC-KAR NC: 2025:KHC-D:12328 CRL.P No. 103698 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103698 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SUDEEP ASHOK NAYAK @ NAIK, AGE. 23 YEARS, OCC. UNEMPLOYED, R/O. LAXMESHWAR, KUMBARKERI, TQ. ANKOLA, DIST. UTTARA KANNADA-581 314. … PETITIONER (BY SMT. SHAILA BELLIKATTI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY PSI ANKOLA POLICE STATION, ANKOLA, R/BY SPP DHARWAD, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-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), PRAYING TO QUASH THE ALL THE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.4 IN ANKOLA P.S. PAR NO.33/2025 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 126 OF BNSS, IN MAG/26/V.VA-33/2025-26 PENDING ON THE FILE OF TALUKA EXECUTIVE MAGISTRATE ANKOLA AT: ANKOLA, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12328 CRL.P No. 103698 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court with a prayer to quash the proceedings against him in PAR No.33 of 2025 registered by Ankola Police Station, Uttara Kannada contemplating action under Section 126 of BNSS, 2023 in MAG / 126 / Vi.Va – 33 / 2025-26 pending on the file of Taluka Executive Magistrate, Ankola. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent. 3. Perusal of the material on record would go to show that on receipt of a preventive action report from the Station House Officer of Ankola Police Station, Uttara Kannada District, show cause notice dated 26.08.2025 has been issued to the petitioner for taking action against him as provided in Section 126 of BNSS, 2023. 4. Perusal of the preventive action report as well as the show cause notice dated 26.08.2025 would go to show - 3 - HC-KAR NC: 2025:KHC-D:12328 CRL.P No. 103698 of 2025 that since the Station House Officer of Ankola Police Station apprehended that the petitioner, who is a person with criminal antecedent, is likely to cause nuisance to the public during Ganesha festival and Eid Milad festival had submitted the preventive action report with a request to the Jurisdictional Magistrate to take action against the petitioner under Section 126 of BNSS, 2023. The Ganesha festival as well as Eid Milad festival for the present year was celebrated during the last week of August and first week of September, 2025 respectively. As on this date, the apprehension expressed by the Jurisdictional Police does not survive. Therefore, I am of the opinion that the impugned criminal proceedings is liable to be quashed. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in PAR No.33 of 2025 registered by Ankola Police Station, Uttara Kannada contemplating action under Section 126 of BNSS, 2023 in - 4 - HC-KAR NC: 2025:KHC-D:12328 CRL.P No. 103698 of 2025 MAG / 126 / Vi.Va – 33 / 2025-26 pending on the file of Taluka Executive Magistrate, Ankola, against the petitioner herein is quashed. Pending I.As., if any, does not survive. Accordingly, the same stand disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 102