- 1 - HC-KAR NC: 2026:KHC:30592 CRL.P No. 1497 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1497 OF 2025 BETWEEN: SRI ANANYA KUMAR, AGED ABOUT 24 YEARS, S/O SHASHIVIND KUMAR, R/O F-4 BLOCK, EMERALD ENCLAVE, KEREGUDDADAHALLI, CHIKKABANAVARA, BENGALURU-560090. …PETITIONER (BY SMT. SHRUTHI CHANGATE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH S.J. PARK POLICE, REP. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. 2. VASATHKUMAR, S/O UNKNOWN, AGED ABOUT 56 YEARS, ASI, S J PARK POLICE STATION, BANGALORE-5600027. …RESPONDENTS (BY SRI K NAGESHWARAPPA, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.5619/2020 FOR THE OFFENCES P/U/S 143, 147, 153, 290 R/W 149 OF IPC, 1860, FILED BY RESPONDENT NO.1, AGAINST THE PETITIONER AT THE Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30592 CRL.P No. 1497 of 2025 INSTANCE OF RESPONDENT NO.2 PENDING ON THE FILE OF THE COURT OF VITH ADDL. CMM AT BENGALURU AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – accused No.3 stands at the doors of this Court calling in question proceedings in C.C.No.5619/2020, pending before the VI Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 143, 147, 153, 290 r/w. 149 of the IPC. 2. Heard Sri Shruthi Changate, learned counsel for the petitioner and Sri K. Nageshwarappa, learned High Court Government Pleader for respondent No.1. 3. An order of prohibition issued in the year 2019, was the subject matter before the division bench in W.P.No.52731/2019 and connected matters disposed on 13.02.2020. The division bench recognizing the right to protest had obliterated the order passed by the then Director General. Several of the accused took advantage in the teeth of - 3 - HC-KAR NC: 2026:KHC:30592 CRL.P No. 1497 of 2025 the quashment of the very judgment. Following the judgment of the division bench, the crime so registered against every other accused stood quashed. One such orders, passed by a co-ordinate bench in W.P.No.23579/2021, disposed on 03.06.2026, reads as follows: “8. At outset, a perusal of decision in Sowmya R. Reddy's case (supra) would reveal that prohibitory order passed by Commissioner of Police under Section 144 of Cr.P.C. on 18.12.2019 was under challenge in writ petition. Order of prohibition was apparently issued to curtail protest against Citizenship (Amendment) Act, 2019 and included assembly in which petitioners participated peacefully. Quashing of notification of prohibition would remove basis for assembly being termed unlawful. 9. Petitioners are charged with commission of offences punishable under Sections 143, 147, 153, 290 read with Section 149 of IPC. Section 143 of IPC provides punishment for 'unlawful assembly'. In view of quashing of order of prohibition under Section 144 of Cr.P.C., petitioners' participation in assembly cannot be termed as unlawful. Likewise, offence under Section 147 of IPC provides punishment for rioting main ingredient of which would be use of force or violence by an 'unlawful assembly'. Perusal of contents of Annexure-B, complaint or Annexure-C, charge sheet do not indicate any ingredients or basis to substantiate either use of force or violence by an unlawful assembly. 10. Likewise, main ingredient of offence under Section 153 of IPC involves provocation to any person to indulge in rioting, which are absent in complaint while Section 290 of IPC provides punishment for offence of causing public nuisance. 11. Section 268 of IPC defines 'Public Nuisance' as person who does any act or is guilty of an illegal omission resulting in common injury, danger or - 4 - HC-KAR NC: 2026:KHC:30592 CRL.P No. 1497 of 2025 annoyance to public or to people in general who dwell or occupy property in vicinity, which allegations are also absent in instant case. In absence of any basis for offences, continuation of proceedings against petitioners would amount to abuse of process of law. 12. In view of above, Writ Petition is allowed, proceedings in C.C.no.7537/2020 pending on file of VI Additional Chief Metropolitan Magistrate, Bangalore against petitioners stand quashed.” Who remained in the fray, is the present petitioner - accused No.3. Therefore, petitioner - accused No.3 is also entitled to the same benefit, that is granted to the other accused, by the co-ordinate bench. 4. For the very reasons rendered in the afore-quoted order, the following: ORDER a. The criminal petition is allowed. b. The proceedings in C.C.No.5619/2020, pending before the VI Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed. I.A.No.1/2025 stands disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ/List No.: 3 Sl No.: 30