Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 46518 (KAR)

PRASANNA v. STATE OF KARNATAKA

CRL.P/1521/2026 · 2026-02-05

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6814 CRL.P No. 1521 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1521 OF 2026 BETWEEN: 1. PRASANNA S/O NARAYANAPPA AGED ABOUT 48 YEARS R/AT NO.52, 7TH MAIN SRINIVASANAGARA BSK 3RD STAGE BENGALURU CITY BENGALURU - 560 050. 2. UDAYACHANDRA C S/O CHANDRASHEKAR AGED ABOUT 47 YEARS NO.25, RAMA MANDIRA ROAD KAVERINAGAR, BSK 3RD STAGE BENGALURU - 560 085. …PETITIONERS (BY SRI VINOD V, ADV.) AND: 1. STATE OF KARNATAKA GIRINAGAR POLICE STATION BENGALURU CITY REP. BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE - 01. 2. SRI MURUGENDRAIAH M INSPECTOR OF POLICE CCB OCW, BTS BUS DEPOT ROAD SHANTI NAGAR, BENGALURU - 560 027. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN CC Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6814 CRL.P No. 1521 of 2026 NO.6477/2020 (ARISING OUT OF CR NO.88/2020) REGISTERED BY GIRINAGARA POLICE STATION FOR THE OFFENCES P/U/S 188 OF THE IPC AND SECTIONS 79 AND 80 OF THE KARNATAKA POLICE ACT, PENDING ON THE FILE OF XXXVII ADDL.CJM AT BENGALURU CITY INCLUDING ITS ALL CONSEQUENTIAL PROCEEDINGS AGAINST THE PETITIONER CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.15 and 18 are before this Court in this petition filed under Section 528 of BNSS, 2023 read with Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in CC No.6477/2020 pending before the Court of XXXVII Addl. Chief Judicial Magistrate, Bengaluru, arising out of Crime No.88/2020 registered by Girinagar Police Station, Bengaluru, for the offences punishable under Section 188 of IPC and Sections 79 and 80 of the Karnataka Police Act, 1963. 2. Learned counsel for the petitioners submits that the impugned proceedings has been quashed as against some of the accused in this case, by this Court in Crl.P.No.2712/2024 disposed off on 25.03.2024 and for the reasons stated in the said order, the impugned proceedings is required to be quashed even as against the petitioners herein. - 3 - HC-KAR NC: 2026:KHC:6814 CRL.P No. 1521 of 2026 3. Learned HCGP does not seriously dispute the said submission made by learned counsel for the petitioners. 4. This Court in Crl.P.No.2712/2024 disposed off on 25.03.2024 in paragraph No.4, has observed as follows:- "4. The material on record would go to show that FIR has been registered in crime Number.88/2020 by Giri Nagar police station, Bengaluru for the offences punishable under section 79 and 80 of the Karnataka Police Act and Section 188 of IPC on the complaint of first informant one Sri Murugendraiah, Inspector of Police, CCB, Bengaluru City. Section 195 of Cr.P.C, provides a bar for taking cognizance for the offence punishable under Section 188 of IPC unless complaint is filed by competent authority as provided under Section 195 of Cr.P.C. In the case on hand based on the report of the police officer FIR has been registered and thereafter charge sheet has been filed for the aforesaid offences. The Trial Court has taken cognizance for the offences punishable under Section under Section 188 of IPC and Sections 79 and 80 of the Act 1963, based on the charge sheet filed by the police. In view of bar under Section 195 of Cr.P.C, and also having regard to the fact that there is no compliance of Section 155(2) of Cr.P.C, insofar as offences punishable under sections 79 and 88 of the Act, 1963 is concerned, I am of the view that the impugned proceedings cannot be sustained." - 4 - HC-KAR NC: 2026:KHC:6814 CRL.P No. 1521 of 2026 5. The reasoning assigned by this Court in paragraph No.4 of the order passed in Crl.P.No.2712/2024 is squarely applicable to the case on hand and therefore, this petition needs to be allowed. Accordingly, the following order:- 6. The criminal petition is allowed. The entire proceedings in C.C.No.6477/2020 pending before the Court of XXXVII ACJM, Bengaluru arising out of Crime No.88/2020 registered by Girinagar Police Station, Bengaluru City, for the offences punishable under Section 188 of IPC and Sections 79 and 80 of the Karnataka Police Act, 1963, is hereby quashed, as against the petitioners herein. 7. In view of the disposal of the main petition, pending interlocutory application, if any, does not survive for consideration. Hence, the same is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 21