- 1 - HC-KAR CNR: KAHC010811472025 NC: 2026:KHC:41624 CRL.P No. 16946 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 16946 OF 2025 BETWEEN: SRI. GIRISH J.S. S/O SRI. SRINIVASAMURTHY J AGED 55 YEARS BJP PARTY AGENT, BENGALURU CITY, KARNATAKA NO. 454, SHRI KUTEERA OLD NO. 38, 5TH MAIN 2ND A BLOCK, NEAR VISHAL BHAVAN RAJAJINAGARA, BENGALURU - 560 010. …PETITIONER (BY SRI. P. CHANDRASHEKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH KAMASHIPALAYA POLICE REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SRI. B.K. DINESH KUMAR S/O SRI. B.Y. KALAIAHA AGED ABOUT 57 YEARS EXECUTIVE ENGINEER BBMP, TEAM LADER, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010811472025 NC: 2026:KHC:41624 CRL.P No. 16946 of 2025 FST- 8 154 ,RAJARAJESHWARINAGARA VIDANASOUDHA KSHETRA BENGALURU - 560 098. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO a) QUASH THE FIR IN CR.NO.179/2023 REGISTERED BY THE 1st RESPONDENT IN KAMAKSHIPALYA POLICE, FOR THE OFFENCE P/U/S 3 OF THE KARNATAKA OPEN PLACE DISFIGUREMENT ACT, 1981, NOW ENDING ON THE FILE OF THE L ADDL.CMM MAGISTRATE, BENGALURU IN CC.NO.26580/2023, THE COPY OF WHICH IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-A TO THE CRL.P. 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. P. Chandrashekar, learned counsel appearing for the petitioner and Smt. Waheeda M.M., learned High Court Government Pleader appearing for respondent No.1. 2. The petitioner is before this Court calling in question the proceedings in C.C.No.26580/2023 registered for the - 3 - HC-KAR CNR: KAHC010811472025 NC: 2026:KHC:41624 CRL.P No. 16946 of 2025 offence punishable under Section 3 of the Karnataka Open Place Disfigurment Act, 1951 and 1981. 3. The learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench in the case of SRI. LOKESH AMBEKALLU Vs. THE STATE OF KARNATAKA & ANOTHER1, the Co-ordinate Bench has held as follows: 3. A perusal of the material on record comprising of the complaint, charge sheet, FIR, statement, documents etc., is sufficient to come to the conclusion that the offences under Section 3 of the Karnataka Open Places (Prevention Of Disfigurement) Act, 1981 (for short “the said Act of 1981”) have not been made out against the petitioner, especially when the alleged incident took place the petitioner was at the spot for the purpose of organizing a rally of the Hon’ble Prime Minister for which requisite permission to conduct the rally was obtained by the Petitioner. Further, there is no material to specifically indicate that the petitioner was actually involved in placing the hoardings, buntings and tying of the flags at public places and merely because the petitioner sought permission for holding the rally, the petitioner cannot be roped into the alleged offence. 4. Under there circumstances, having regard to the fact that necessary ingredients being absent for commission of the aforesaid offences by the petitioners, the FIR and other materials do no disclose a cognizable offence and continuation of the impugned criminal proceedings would tantamount to abuse of process of law and the same deserves to be quashed. 1 W.P.No.34842/2024 disposed on 30.06.2025 - 4 - HC-KAR CNR: KAHC010811472025 NC: 2026:KHC:41624 CRL.P No. 16946 of 2025 5. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in C.C.No. 23898/2023 (arising out of Crime No.178/2023 registered by respondent No.1- Police) pending on the file of the XXXIX ACMM, Bengaluru, in so far as the petitioner is concerned, are hereby quashed." In the light of the issue standing covered by judgment rendered by the Co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms. 4. For the aforesaid reasons, the following: ORDER (i) The criminal petition is allowed. (ii) The proceedings in C.C.No.26580/2023 pending on the file of L Additional CMM Magistrate, Bengaluru stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 2