- 1 - HC-KAR CNR: KAHC010025272024 NC: 2026:KHC:50048 WP No. 1870 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 1870 OF 2024 (GM-RES) BETWEEN: 1. BYRE GOWDA B V S/O LATE VENKATARAMANA GOWDA AGED ABOUT 56 YEARS R/AT T G EXTENSION HOSAKOTE TOWN BANGALORE - 562 114 2. SUBBARAJU H M S/O LATE MUNIYAPPA AGED ABOUT 51 YEARS R/AT KAVERI NAGAR V V EXTIONTION HOSAKOTE TOWN BANGALORE - 562 114 3. KESHAVAMURTHY S/O NARAYANAPPA AGED ABOUT 49 YEARS R.AT KAMMAWARI PETE, NEAR MARAMMA TEMPLE HOSAKOTE TOWN BANGALORE - 562 114 4. RAMESH S/O LATE RAMACHANDRAPPA AGED ABOUT 70 YEARS R/AT MELLINAPETE HOSAKOTE TOWN BANGALORE - 562 114 Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010025272024 NC: 2026:KHC:50048 WP No. 1870 of 2024 5. SRINIVASAMURTHY K N S/O LATE NANJUNDAPPA AGED ABOUT 50 YEARS R/AT 5TH CROSS RAMAKRISHNA ROAD, NEAR SWAMAY VIVEKANAN, HOSAKOTE TOWN BANGALORE - 562 114 …PETITIONERS (BY SRI. SADDAM R. MULLA, ADVOCATE FOR SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY HOSAKOTE PS REP BY STATE PUBLIC PROSECUTOR OFFICE AT HIGH COURT COMPLEX, OPP TO VIDHANA SOUDHA BENGALURU - 560 001 2. NISAR AHMED S/O NAZEER AHMED AGED ABOUT 60 YEARS R/AT TOWN MUNICIPAL CORPORATION HOSAKOTE TOWN BENGALURU - 560 001 …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET DATED 18.04.2018 PRESENT AT ANNEXURE-C, WHICH IS PENDING AS CC.NO.716/2018 ARISING OUT OF CRIME NO.223/2018 REGISTERED BY THE R1 HOSAKOTE PS, FOR THE OFFENCES PUNISHABLE U/S 127A OF REPRESENTATION OF PEOPLE ACT, 1951 AND 1988, U/S 3 OF KARNATAKA OPEN PLACE DISFIGUREMENT ACT 1951 AND 1981, R/W 171H OF IPC 1860 AND THE SAME IS PENDING IN THE FILES OF HONBLE PRL. CIVIL JUDGE AND JMFC, HOSAKOTE WHEREIN THE PETITIONERS ARE ARRAIGNED AS ACCUSED NO.1, 2, 3, 5 & 6. - 3 - HC-KAR CNR: KAHC010025272024 NC: 2026:KHC:50048 WP No. 1870 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard learned counsel for the petitioners and learned High Court Government Pleader for respondent No.1. 2. At the outset, learned counsel for the petitioner would contend that issue involved in the present case is covered by the considered judgment of the Coordinate Bench of this Court in Crl.P.No.6737/2022. 3. Learned High Court Government Pleader did not dispute the said submission. 4. Taking note of the relevant aspects of the matter especially that the flying squad has noted that during the course of general elections for the assembly for the year 2018, when they were in rounds, they have noted that a particular party namely Bharatiya Janata Party has tied the buntings on the public place without prior permission and action was initiated for the offence punishable under Section 127A of Representation of People Act, 1951 and 171H of Indian Penal Code and Section 3 of the Karnataka Open Place Disfigurement - 4 - HC-KAR CNR: KAHC010025272024 NC: 2026:KHC:50048 WP No. 1870 of 2024 Act, 1951 and 1981 which is a non-cognizable offence and without there being any prior permission from the Magistrate, action has been initiated by registering the FIR. 5. As such, FIR needs to be quashed as it is against the procedure prescribed under Section 155(2) of Cr.P.C. 6. Accordingly, following: ORDER i. Petition is allowed. ii. Pending proceedings in CC No.716/2018 arising out of Crime No.223/2018 dated 18.04.2018 registered by Hosakote Police Station is hereby quashed. SD/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 17