- 1 - HC-KAR NC: 2026:KHC:27320 CRL.P No. 3177 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3177 OF 2025 BETWEEN: CHANNAREDDY PATIL TUNNURU S/O MALLAREDDEPPA GOUDA AGED ABOUT 77 YEARS R/AT H NO 2-6-113, KALA CHABUTRA, YADGIR CITY, YADGIR, KARNATAKA - 585 201. …PETITIONER (BY SRI. PRAJWAL T.N, ADVOCATE) AND: SRI. SANGAMESH PUJARI FLYING SQUAD-5, OFFICER, YADAGIRI LEGISLATIVE ASSEMBLY CONSTITUENCY -38. …RESPONDENT (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH ALL PROCEEDINGS IN C.C.NO.1363/2025 (ARISING OUT OF PCR NO.96/2023) ON THE FILE OF THE XLII ACJM, BENGALURU FOR THE OFFENCE P/US 186, 188 OF IPC AND SEC. 14 OF THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27320 CRL.P No. 3177 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Prajwal T.N., learned counsel appearing for the petitioner and have perused the material on record. 2. The petitioner is before this Court calling in question the proceedings in C.C.No.1363/2025 registered for the offences punishable under Sections 186 and 188 of IPC and Section 14 of the Child Labour (Prohibition and Regulation) Act, 1986. 3. Learned counsel appearing for the petitioner submits that the issue in the lis stands completely answered by what the Co-ordinate Benches of this Court have held in Criminal Petition No.201421/2023 disposed on 25.06.2024 and Criminal Petition No.200870/2024 disposed on 18.07.2024, which reads as follows: ” In Criminal Petition No.201421/2023: The petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C.No.1889/2023 pending before the - 3 - HC-KAR NC: 2026:KHC:27320 CRL.P No. 3177 of 2025 Court of Additional Civil Judge and JMFC, Shahapur arising out of PCR No.104/2023 registered for the offences punishable under Sections 186 and 188 of the Indian Penal Code, 1860 (for short 'IPC') and Section 14 of the Child Labour (Prohibition and Regulation) Act, 1986 (for short 'the Act'). 2. Heard the learned counsel for the parties. 3. Respondent No.2 herein, who was a member of the Flying Squad No.05 appointed by the Election Officer and Deputy Commissioner, Yadgir for the purpose of monitoring the elections that were scheduled for the Member of Legislative Assembly - Constituency No.38 had noticed that on 07.05.2023 at about 5.00 p.m. in the road show organized by the petitioner, who was a candidate for the legislative assembly election from Yadgir constituency had employed two minor children, who were carrying the flags and shawls of JDS party and were participating in the road show. Therefore, after obtaining necessary instructions from his higher officers, respondent No.2 herein had filed a private complaint before the jurisdictional Court of Magistrate under Section 200 of Cr.P.C. against the petitioner herein alleging that he had committed the aforesaid offences. The learned Magistrate vide order dated 26.05.2023 had directed the Registry to register a criminal case against the petitioner and had issued summons to him. Being aggrieved by the same, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that even if the allegations found in the complaint are presumed to be true, the alleged offences cannot be made against the petitioner. He submits that the complaint is silent about the age and name of the children, who allegedly had participated in the road show. He also submits that merely because some children had joined the road show, it cannot be said that the petitioner had employed them for the purpose of road show. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader appearing for respondent No.1 has apposed the petition. Respondent No.2 though served in the matter, has remained absent. 6. From a perusal of the averments made in the complaint filed by respondent No.2 herein before the Court of jurisdictional Magistrate, it is seen that on 07.05.2023, respondent No.2, who was a member of the - 4 - HC-KAR NC: 2026:KHC:27320 CRL.P No. 3177 of 2025 flying squad No.05 had noticed that in the road show that was organized on behalf of the petitioner during the course of assembly elections in Yadgir constituency, two minor boys were found carrying shawls and flags of the JDS party. The identity of the said children is not mentioned in the complaint nor their age or name is mentioned. Under the provisions of the Child Labour (Prohibition and Regulation) Act, the child means a person, who has not completed his fourteen years of age. In the present case, there is no material on record to show that the boys, who were found participating in the road show, were below the age of 14 years. 7. Section 3 of the Act, which provides for prohibition of employment of children in certain occupations and processes, reads as follows: "3. Prohibition of employment of children in certain occupations and processes. No child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on: Provided that nothing in this section shall apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government." 8. From a perusal of the occupations set forth in part 'A' of the schedule and processes set forth in part 'B' of the schedule, it is seen that Section 3 of the Act would not be applicable to the case on hand. 9. Section 14 of the Act provides for penalties to the accused whoever employs any child or permits any child to work in contravention of the provisions of Section 3 of the Act. Since the allegations made against the petitioner herein do not attract Section 3 of the Act, it cannot be said that the petitioner had contravened the provisions of Section 3 of the Act and therefore, he is liable to be punished under Section 14 of the Act. 10. Section 186 of IPC provides for obstructing public servant in discharge of public functions. In the private complaint, which is filed in the present case, there is no such allegation as against the petitioner about he obstructing any public servants, who were discharging public functions and therefore, Section 186 of IPC has been wrongly invoked in the present proceedings. - 5 - HC-KAR NC: 2026:KHC:27320 CRL.P No. 3177 of 2025 11. Section 188 of IPC provides for disobedience to order duly promulgated by public servant. A person is liable to be punished under Section 188 of IPC only if the alleged disobedience by him had caused obstruction, annoyance or injury or risk of obstruction, annoyance or injury to any person lawfully employed. But, in the present case, there is no such allegation as against the petitioner. Therefore, even Section 188 of IPC cannot be invoked against the petitioner. 12. Under the circumstances, I am of the opinion that the impugned proceedings initiated against the petitioner if allowed to continue would amount to abuse of process of law and therefore, to meet the ends of justice, the impugned proceedings is required to be quashed. Accordingly, the following order is passed: ORDER The criminal petition is allowed. The impugned criminal proceedings as against the petitioner in Criminal Case No.1889/2023 pending on the file of Additional Civil Judge and JMFC, Shahapur arising out of PCR No.104/2023 for the offences punishable under Sections 186 and 188 of IPC and under Section 14 of the Act, stands quashed. In Criminal Petition No.200870/2024: The petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C.No.1857/2023 pending before the Court of Additional Civil Judge and JMFC, Shahaupr arising out of PCR No.103/2023 registered for the offences punishable under Sections 188 and 186 of IPC. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader, who is directed to take notice for the respondent - State. 3. Private complaint in PCR No.103/2023 was filed by Sangamesh Pujari, Member of Rapid Squad No.5, Team No.1, Yadgir Legislative Assembly alleging that the petitioner had committed the aforesaid offences. In the private complaint, it is alleged that on 06.05.2023 at about 3.00 p.m., when the complainant was on duty, the - 6 - HC-KAR NC: 2026:KHC:27320 CRL.P No. 3177 of 2025 petitioner, who was contesting the election to the post of Member of Legislative Assembly as an independent candidate had held a road show in violation of the code of conduct and had held a meeting of his followers inside a temple. 4. Learned Counsel for the petitioner submits that the averments made in the complaint even if it is presumed to be true, the alleged offences cannot be made out against the petitioner. 5. Per contra, learned HCGP has opposed the petition. 6. Sections 186 & 188 of IPC reads as under: "186. Obstructing public servant in discharge of public functions.- Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. order to duly 188. Disobedience promulgated by public servant.- Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgated such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.- It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which - 7 - HC-KAR NC: 2026:KHC:27320 CRL.P No. 3177 of 2025 he disobeys, and that his disobedience produces, or is likely to produce, harm." 7. There is no such allegation in the private complaint that the petitioner had voluntarily obstructed any public servant in discharge of his public function, and therefore, there is no material to invoke Section 186 IPC against the petitioner. 8. For the purpose of the offence under Section 188 IPC is concerned, the alleged disobedience of the order duly promulgated by the public servant should have been disobeyed and such disobedience should have caused or tends to cause obstruction, annoyance or injury to any person lawfully employed. Such allegations are not found in the private complaint. 9. Under the circumstances, I am of the opinion that the proceedings initiated against the petitioner for the alleged offences on the basis of the private complaint which lacks necessary ingredients so as to invoke Sections 186 & 188 of IPC cannot be sustained. Accordingly, the following order: 10. Petition is allowed. The entire proceedings in C.C.No.1857/2023 pending before the Court of Additional Civil Judge and JMFC, Shahaupr, arising out of PCR No.103/2023 registered for the offences punishable under Sections 188 and 186 of IPC, is quashed as against the petitioner." 4. In the light of the orders passed by the Co-ordinate Benches of this Court supra and for the reasons aforementioned, the following: ORDER i) The criminal petition is allowed. - 8 - HC-KAR NC: 2026:KHC:27320 CRL.P No. 3177 of 2025 ii) The proceedings in C.C.No.1363/2025 pending on the file of the XLII A.C.J.M., Bengaluru stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE PHM List No.: 3 Sl No.: 77