- 1 - HC-KAR CNR: KAHC010577742023 NC: 2026:KHC:52703 CRL.P No. 11235 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11235 OF 2023 BETWEEN: 1. SRI SHRIDHAR SHERIGAR S/O RAMACHANDRA AGED ABOUT 48 YEARS R/A VIGHNESH HOUSE MAIN ROAD NEAR GANGOLLI BUS STAND GANGOLLI POST AND VILLAGE KUNDAPUR TALUK UDUPI DISTRICT - 576 201. 2. SRI RAGHAVENDRA MYANI YANE RAGHAVENDRA GAGINGA S/O KORAGA GANIGA AGED ABOUT 50 YEARS RESIDING NEAR D.V. JUNIOR COLLEGE GANGOLLI POST AND VILLAGE KUNDAPUR TALUK UDUPI DISTRICT - 576 201. 3. SRI YASHWANT KHARVI S/O SUBRAYA KHARVI AGED ABOUT 31 YEARS R/AT SUBRAYA SADANA BELIKERE GANGOLLI POST AND VILLAGE KUNDAPUR TALUK UDUPI DISTRICT - 576 201. …PETITIONERS (BY SRI SUYOG HERELE E, ADV.) AND: 1. THE STATE OF KARNATAKA BY GANGOLLI POLICE STATION REPRESENTED BY SPP Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010577742023 NC: 2026:KHC:52703 CRL.P No. 11235 of 2023 HIGH COURT BUILDING BENGALURU - 01. 2. SRI MALATHESHA FATHER NAME NOT KNOWN TO PETITIONER AGED ABOUT 33 YEARS RESIDING AT HOUSE NO.170/A GADDEMANE, S VINOBHA NAGAR SAGAR TALUK - 577 401 SHIVMOGGA DISTRICT. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1647/2023 ON THE FILE OF THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC AT KUNDAPURA INCLUDING THE ORDER OF TAKING COGNIZANCE DATED 02.09.2023 FIR COMPLIANT AND CHARGE SHEET IN CR.NO.55/2023 REGISTERED BY THE RESPONDENT UPPINANGADY P.S., FOR THE OFFENCE P/U/S.171- H,505(2) AND 34 OF IPC IN SO FAR AS PETITIONER ARE CONCERNED (PRODUCED AT DOCUMENT NO.1,2,3,4). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners are before this Court in this petition filed under Section 482 of Cr.PC with a prayer to quash the entire proceedings in C.C.No.1647/2023 pending before the Court of Addl. Civil Judge & JMFC, Kundapura, arising out of Crime No.55/2023 registered by Gangolli Police Station, Udupi - 3 - HC-KAR CNR: KAHC010577742023 NC: 2026:KHC:52703 CRL.P No. 11235 of 2023 District, for the offences punishable under Sections 171H, 505(2) & 34 of IPC. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioners submits that sanction under Section 196(1A)(a) of Cr.PC, has not been granted in the present case, and therefore, the impugned proceedings is not sustainable. In support of his arguments, he has placed reliance on the judgment of the Hon'ble Surpeme Court in Criminal Appeal No.3839/2026 arising out of Spl.(Crl.) No.6196/2025 (Rahul Gandhi Vs State of U.P. & Another) disposed of on 14.08.2026, and the judgment passed by the coordinate bench of this Court in W.P.No.51293/2017 (Sri Jagadeesh Karanth & another Vs The State of Karnataka) disposed of on 09.06.2022. 4. Learned HCGP who has opposed the petition, does not dispute the submission made by the learned Counsel for the petitioner. 5. The Hon'ble Supreme Court in Rahul Gandhi's case supra, in paragraphs 3 & 4 of the order, has observed as under: - 4 - HC-KAR CNR: KAHC010577742023 NC: 2026:KHC:52703 CRL.P No. 11235 of 2023 "3. In the affidavit filed by the respondent no.1 State of uttar Pradesh, there is no disclosure of sanction having been granted by it under Section 196 of the Code of Criminal Procedure, 1973. Even Mr. Nataraj does not dispute the contention of the appellant that there is no sanction. Thus, without the requisite sanction, therelevant magistrate could not have taken congnizance of the offence alleged. 4. In such view of the matter, the appeal deserves to succeed. The private complaint of the respondent no.2 under Section 200 of the Cr. PC and the orders passed by the Magistrate therein stand quashed." 6. Similar view has been taken by this Court in W.P.No.51293/2017 disposed of on 09.06.2022. In paragraph 6 of the said order, it is observed as under: "6. The Charge sheet is filed for the offence punishable under Sections 153A of Cr.PC among other offences punishable under the provisions of IPC. Section 196 of Cr.PC specifies that no Court shall take cognizance of any offence punishable under Section 153A of Cr.PC and also Section 295A, except with the permission of the Central Government or of the State Government. In the present case, sanction is not accorded by the Central Government or State Government for prosecuting the petitioner - accused for the offences punishable under Section 153A - 5 - HC-KAR CNR: KAHC010577742023 NC: 2026:KHC:52703 CRL.P No. 11235 of 2023 and Section 295A. Hence, the congnizance taken by the learned Magistrate in the absence of sanction accorded by the Central Government or State Government as specified under Section 196 of Cr.PC is one without authority of law." 7. Even in the present case, undisputedly sanction under Section 196 of Cr.PC is not accorded either by the Central Government or by the State Government. Under the circumstances, I am of the opinion that the learned Magistrate could not have taken cognizance of the charge-sheeted offences. Accordingly, the following order: 8. Petition is allowed. The entire proceedings in C.C.No.1647/2023 pending before the Court of Addl. Civil Judge & JMFC, Kundapura, arising out of Crime No.55/2023 registered by Gangolli Police Station, Udupi District, for the offences punishable under Sections 171H, 505(2) & 34 of IPC, is quashed as against the petitioners. Sd/- (S VISHWAJITH SHETTY) JUDGE KK