- 1 - HC-KAR NC: 2025:KHC:44815 CRL.P No. 864 of 2020 C/W CRL.P No. 865 of 2020 CRL.P No. 900 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 864 OF 2020 C/W CRIMINAL PETITION NO. 865 OF 2020 CRIMINAL PETITION NO. 900 OF 2020 IN CRL.P No. 864/2020 BETWEEN: 1. B N VENKATESH, S/O LATE NANJA REDDY, AGED ABOUT 56 YEARS, MEMBER OF MANAGEMENT COMMITTEE SWAMY VIVEKANANDA RURAL EDUCATION SOCIETY (R) NO.300, NANJA REDDY LAYOUT, BANAHALLI VILLAGE, ATTIBLE HOBLI, ANEKAL TALUK - 562 106. 2. MUNI RAJU D N, S/O LATE NARAYANAPPA, AGED ABOUT 44 YEARS, VIDEOGRAPHER, R/AT E-43/4, MANJUNATHA REDDY BUILDING, OPP SILVER OAK SCHOOL, DOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK - 562 125. 3. GANESH V, S/O VENKATESH, AGED ABOUT 28 YEARS, PHOTOGRAPHER, R/AT NO.161, 6TH CROSS, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44815 CRL.P No. 864 of 2020 C/W CRL.P No. 865 of 2020 CRL.P No. 900 of 2020 GUNJUR PALYA GUNJUR POST, VARTHUR HOBLI, BANGALORE EAST TALUK - 560 087. …PETITIONERS (BY SRI MALLA REDDY B V.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY SURYANAGAR POLICE STATION, ANEKAL SUB DIVISION, ANEKAL - 562 106, REPTD. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. MADAN MOHAN C, ASSISTANT ELECTION OFFICER, NO.23, BANGALORE RURAL, PARLIAMENTARY CONSTITUENCY AND NO.127, ANEKAL ASSEMBLY CONSTITUTENCY, ANEKAL - 562 106. …RESPONDENTS (BY SRI RAJAT SUBRAMANYAM, HCGP FOR R1, R2 IS SERVED) THIS CRL.P FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.105/2019, CHARGE SHEET IN C.C.NO.1225/2019 ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND J.M.F.C., ANEKAL AGAINST THE PETITIONERS AND ALSO QUASH THE ORDER DATED 23.07.2019 TAKING COGNIZANCE FOR THE ALLEGED OFFENCES P/U/S 353 OF IPC BY ALLOWING THIS PETITION. IN CRL.P NO. 865/2020 BETWEEN: 1. PRAVEEN, S/O SHIVAPPA REDDY H.C., AGED ABOUT 26 YEARS, R/T NO.2, KEERTHI LAYOUT, NEAR RAILWAY GATE, - 3 - HC-KAR NC: 2025:KHC:44815 CRL.P No. 864 of 2020 C/W CRL.P No. 865 of 2020 CRL.P No. 900 of 2020 CHANDAPURA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, PIN 560009. ...PETITIONER (BY SRI MALLA REDDY B V.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY SURYANAGAR P.S., ANEKAL SUB DIVISION, ANEKAL, PIN - 562 106 REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. MADAN MOHAN C, ASSISTANT ELECTION OFFICER, NO.23, BANGALORE RURAL, PARLIAMENTARY CONSTITUENCY, AND NO.127, ANEKAL, ASSEMBLY CONSTITUENCY, ANEKAL, PIN 562106. ...RESPONDENTS (BY SRI RAJAT SUBRAMANYAM, HCGP FOR R1, R2 - SERVED) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.104/2019 CHARGE SHEET IN C.C.NO.1224/2019 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL, AGAINST THE PETITIONER AND ALSO QUASH THE ORDER DATED 23.07.2019 TAKING COGNIZANCE FOR THE ALLEGED OFFENCE P/U/S 353 OF IPC BY ALLOWING THIS PETITION. IN CRL.P NO. 900/2020 BETWEEN: - 4 - HC-KAR NC: 2025:KHC:44815 CRL.P No. 864 of 2020 C/W CRL.P No. 865 of 2020 CRL.P No. 900 of 2020 1. SUNKA REDDY, S/O THIMMARAYA REDDY, AGED ABOUT 60 YEARS, EX- PRESIDENT, SWAMY VIVEKANANDA RURAL EDUCATION SOCIETY (R), CHANDAPURA ANEKAL TALUK, BENGALURU-560099. 2. T.RAMASWAMY REDDY, S/O THIMMARAYA REDDY, AGED ABOUT 58 YEARS, SECRETARY, SWAMY VIVEKANANDA RURAL EDUCATION SOCIETY (R), CHANDAPURA ANEKAL TALUK, BENGLAURU-560 099. 3. B.N.VENKATESH, S/O LATE NANJA REDDY, AGED ABOUT 56 YEARS, MEMBER OF MANAGEMENT COMMITTEE, SWAMY VIVEKANANDA RURAL EDUCATION SOCIETY (R), BANAHALLI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, PIN-562 106. 4. NARAYANA REDDY, S/O LATE NANDI REDDY AGED ABOUT 58 YEARS, MEMBER OF MANAGEMENT COMMITTEE SWAMY VIVEKANANDA RURAL EDUCATION SOCIETY (R), CHANDAPURA ANEKAL TALUK, BENGLAURU-560 099. 5. PRAVEEN, S/O SHIVAPPA REDDY H.C. AGED ABOUT 26 YEARS, SECOND DIVISION ASSISTANT, R/AT NO.2 KEERTHI LAYOUT, - 5 - HC-KAR NC: 2025:KHC:44815 CRL.P No. 864 of 2020 C/W CRL.P No. 865 of 2020 CRL.P No. 900 of 2020 NEAR RAILWAY GATE, CHANDAPURA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGLAURU-560 099. ...PETITIONERS (BY SRI MALLA REDDY B V.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY SURYANAGAR POLICE STATION, ANEKAL SUB DIVISION, ANEKAL PIN-562 106, REPTD BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. MADAN MOHAN.C ASSISTANT ELECTION OFFICER, NO.23, BANGALORE RURAL PARLIAMENTARY CONSTITUENCY, AND NO.127, ANEKAL ASSEMBLY CONSTITUENCY, ANEKAL, PIN-562 106. ...RESPONDENTS (BY SRI RAJAT SUBRAMANYAM, HCGP FOR R1, R2 IS SERVED) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.94/2019, CHARGE SHEET IN C.C.NO.1226/2019 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL AGAINST THE PETITIONERS AND ALSO QUASH THE ORDER DATED 23.07.2019 TAKING COGNIZANCE FOR THE ALLEGED OFFENCE P/U/S.188 OF IPC 1860 R/W SEC.167 OF REPRESENTATION OF PEOPLES ACT 1951 BY ALLOWING THIS PETITION. THESE PETITIONS, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:44815 CRL.P No. 864 of 2020 C/W CRL.P No. 865 of 2020 CRL.P No. 900 of 2020 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Petitioners are the office bearers of Swamy Vivekananda Rural Education Society or its employees. The Society is running an Educational Institution at Banahalli Village, Attibele Hobli, Anekal Taluk. The premises of the School was requisitioned by the Election Commission for the purposes of conducting Lok Sabha election to Bangalore Rural Lok Sabha Constituency and also for the election to Anekal Vidhana Sabha Constituency in the year 2019. On the ground that petitioners herein objected for requisitioning and conducting election in the premises, a complaint has been made against them and the petitioners in Criminal Petition.No.900/2020 have been charged for the offence punishable under Section 188 of Indian Penal Code, 1860 (for short 'IPC') and Section 167 of the Representation of The People Act, 1951 (for short 'RP Act'), while petitioners in other two Writ Petitions have been charged for the offence punishable under Section 353 of IPC. A Police report also has been filed in this regard in all the petitions. - 7 - HC-KAR NC: 2025:KHC:44815 CRL.P No. 864 of 2020 C/W CRL.P No. 865 of 2020 CRL.P No. 900 of 2020 2. Aggrieved by the same, the present petitions have been filed. Section 353 of IPC pertains to assault or criminal force to threaten a public servant from discharging his duties, while Section 188 of IPC pertains to disobedience to order duly promulgated by a public servant and Section 167 of RP Act pertains to penalty for contravention of any order regarding requisitioning. 3. The case of the petitioners is that the Notification issued requisitioning the premises of the Educational Institution was not in accordance with law and hence the petitioners resisted the same in the manner known to law. It is submitted that they did not use any criminal force or assault any of the officers concerned. It is also submitted that subsequently the petitioners challenged the requisitioning of the institution initially in W.P.No. 13578/2019 and thereafter in W.A.No.1223/2022 and in the Writ Appeal, this Court has held that the requisition was not in accordance with law. It is also submitted that even otherwise, Authorities concerned have conducted the election - 8 - HC-KAR NC: 2025:KHC:44815 CRL.P No. 864 of 2020 C/W CRL.P No. 865 of 2020 CRL.P No. 900 of 2020 utilizing the premises of the petitioners and the petitioners have co-operated for the same. 4. Learned High Court Government Pleader fairly admits that in W.A.No.1223/2022, it has been held that the Institution of the petitioners was not requisitioned for the purposes of conducting election in the manner known to law. He also admits that, inspite of not requisitioning the premises in the manner known to law, the same has been utilized for election purposes. 5. The above facts reveal that as the requisition was not in accordance with law, the petitioners have resisted the utilization of the premises of the Educational Institution for election purposes. Even otherwise, they have subsequently co-operated with the Authorities concerned for utilization of the premises for election purposes. Initial resistance of the petitioners, has led to filing of a complaint before jurisdictional Police, which has resulted in filing of the Police report. The records also reveal that no injuries have been caused to any of the officers. The only thing that they can be - 9 - HC-KAR NC: 2025:KHC:44815 CRL.P No. 864 of 2020 C/W CRL.P No. 865 of 2020 CRL.P No. 900 of 2020 deduced by perusing the papers is that the petitioners at the most have resisted the requisition of the premises of the Educational Institution which has resulted in a disagreement between the petitioners and the officers concerned. Subsequently, this Court has found that requisitioning was not in accordance with law, meaning that the officers could not have utilized the premises itself for election purposes. 6. Under these circumstances, the petitions deserves to be allowed. 7. Hence, the following: ORDER (i) The Criminal Petitions are allowed. (ii) In Crl.P.No.864/2020, the proceedings against the petitioners in C.C.No.1225/2019 pending on the file of II Additional Civil Judge & JMFC, Anekal stands quashed. (iii) In Crl.P.No.865/2020, the proceedings against the petitioner in C.C.No.1224/2019 pending on the file of II Additional Civil Judge & JMFC, Anekal stands quashed. - 10 - HC-KAR NC: 2025:KHC:44815 CRL.P No. 864 of 2020 C/W CRL.P No. 865 of 2020 CRL.P No. 900 of 2020 (iii) In Crl.P.No.900/2020, the proceedings against the petitioners in C.C.No.1226/2019 pending on the file of II Additional Civil Judge & JMFC, Anekal stands quashed. Sd/- (M.I.ARUN) JUDGE GVP List No.: 1 Sl No.: 10