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2026 DAILYLAW 26927 (KAR)

SRI JAGADISH KARANTH v. THE STATE OF KARNATAKA

WP/1210/2022 · 2026-07-02

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33224 WP No. 1210 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 1210 OF 2022 (GM-RES) BETWEEN: SRI JAGADISH KARANTH S/O SEETHARAMAIAH H S, AGED ABOUT 63 YEARS, R/AT YADAVA SMRITI, 1ST MAIN, SHESHADRIPURAM, BENGALURU - 560 001. …PETITIONER (BY SRI. ARUNA SHYAM, SENIOR ADVOCATE FOR SRI. SUYOG HERELE E., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP.BY SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE UNDER SECRETARY HOME DEPARTMENT (CRIMES) VIDHANA SOUDHA, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SRINIVAS KUMAR M., HCGP FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33224 WP No. 1210 of 2022 IMPUGNED ORDER DTD.19.8.2014 AND ALL FURTHER PROCEEDINGS PURSUANT THERETO ANNEXURE-A IN SO FAR AS PETITIONER IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court being aggrieved by the Government proceedings produced at Annexure-A by which the respondent-State has apparently found prima facie case to invoke the provisions of Sections 143, 114, 153(A) and 149 of IPC against the petitioner and others. 2. Learned senior counsel appearing for the petitioner submit that there is no application of mind by the respondents authorities in passing the impugned order at Annexure-A. He submits that granting of sanction requires reflection of mind to the allegations made, without which no opinion can be formed. The sanction order shall also indicate the material which is relied upon by the sanctioning authority, which is absent. He submits any proceedings initiated consequent thereof would also not survive. - 3 - HC-KAR NC: 2026:KHC:33224 WP No. 1210 of 2022 3. Learned AGA in response fairly submits that the order at Annexure-A does not indicate application of mind by the authorities. However, he submits given an opportunity, the matter will be reconsidered and appropriate order will be passed. 4. Submission is placed on record. 5. Accordingly, the following order is passed: ORDER (i) The writ petition is allowed. (ii) Order No. G.O. OE 87 Mo Hi Ba 2014, dated 19.08.2014 at Annexure-A is quashed. Any proceedings taken pursuant thereafter would be unsustainable. Respondent-Authorities shall reconsider the matter and pass such order as may be advised strictly in accordance with law Sd/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 23