- 1 - HC-KAR CNR: KAHC010001502023 NC: 2026:KHC:54542 CRL.P No. 89 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 89 OF 2023 BETWEEN: 1. JAYATHEERTHACHAR HOLALGUNDA S/O GURURAJA RAO AGED ABOUT 40 YEARS NO.159, 8TH MAIN, 3RD CROSS VINAYAKA NAGAR BENGALURU CITY - 560 050. 2. SHRI VIDYA VIJAYA THEERTHARU S/O K. LAKSHMINARASIMHAIAH C/O SHRI VYASARAJA MUTTA BENNEGOVINDAPPA CHOULTRY GANDHI BAZAR, BENGALURU CITY - 560 004. …PETITIONERS (BY SRI H.V. NAGARAJA RAO, ADV.) AND: 1. THE STATE OF KARNATAKA BY SHANKARAPURAM POLICE SHANKARAPURAM, BENGALURU - 560 004. 2. G.S. SATISH S/O LATE G.I. SRINIVASA MURTHY 64 YEARS, NO 10/2 SHANKARI 7 HILLS LAYOUT, BEHIND KOMARLA FEEDS CHIKKALLASANDRA, BENGALURU - 560 061. …RESPONDENTS (BY SRI RAHUL RAI K, HCGP FOR R-1; SRI S.G. ANANTH BHARADWAJ, ADV., FOR R-2 - ABSENT) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.18361/2022 ARISING OUT OF A COMPLAINT REGISTERED IN CR.NO.29/2020 AT SHANKARPURAM POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 295-A OF Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010001502023 NC: 2026:KHC:54542 CRL.P No. 89 of 2023 IPC, NOW PENDING ON THE FILE OF XXIV ADDL.C.M.M., BENGALURU, AGAINST THE PETITIONERS. 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. This petition under Section 482 of Cr.P.C. is filed with a prayer to quash the entire proceedings in CC No.18361/2022 pending before the Court of XXIV Addl. Chief Meteropolitan Magistrate, Bengaluru, arising out of Crime No.29/2020 registered by Shankarapura Police Station, Bengaluru, for the offence punishable under Section 295A of IPC, as against the petitioners. 2. Heard the learned counsel for the parties. 3. FIR in the present case was registered against petitioners for the offences punishable under Sections 153A and 295A of IPC and Sections 66(C) and 66(D) of the Information Technology Act, 2000. After completing investigation, charge sheet is filed against accused for the offence punishable under Section 295A of IPC. Learned trial Judge after taking cognizance of the charge sheeted offences has issued summons - 3 - HC-KAR CNR: KAHC010001502023 NC: 2026:KHC:54542 CRL.P No. 89 of 2023 to the accused. Assailing the said order, petitioners/accused are before this Court. 4. Learned counsel for the petitioners has brought to the notice of this Court that sanction order as required under Section 196 of Cr.P.C. has not been accorded in the present case either by the Central Government or by the State Government and therefore, learned Magistrate was not justified in taking cognizance of the offence punishable under Section 295A of IPC. 5. Learned HCGP, who has opposed the petition, does not dispute the submission made by learned counsel for the petitioner. 6. Section 196(1) of Cr.P.C. provides that no Court shall take cognizance of an offence punishable under Section 295A of IPC, except with the previous sanction of the Central Government or of the State Government. 7. In the case on hand, undisputedly, sanction as required under Section 196 of Cr.P.C. has not been obtained. Therefore, - 4 - HC-KAR CNR: KAHC010001502023 NC: 2026:KHC:54542 CRL.P No. 89 of 2023 learned Magistrate ought not to have taken cognizance of the offence punishable under Section 295A of IPC without necessary sanction as provided under Section 196 of Cr.P.C. Under the circumstances, the impugned proceedings cannot be sustained. Accordingly, the following order:- 8. The criminal petition is allowed. The entire proceedings in CC No.18361/2022 pending before the Court of XXIV Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.29/2020 registered by Shankarapura Police Station, Bengaluru, for the offence punishable under Section 295A of IPC, is hereby quashed as against the petitioners. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 2 Sl No.: 1