- 1 - HC-KAR NC: 2026:KHC:21490 CRL.P No. 16975 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 16975 OF 2025 BETWEEN: 1. MR. ANWAR JAMANA SON OF LATE. RAJE SAB AGE 29 YEARS, OCC: APC NO.18626 CAR NORTH, HEGGADE NAGAR, BANGALORE. RESIDING AT NO.11, BLOCK NO.16, CAR SOUTH, ADAGODI POLICE QUARTERS, BANGALORE - 560 032. 2. SRI. LAKSHMAPPA TALVAR SON OF MUNIYAPPA, AGED 29 YEARS OCC: APC NO.17927 CAR NORTH, HEGGADE NAGAR, BANGALORE. RESIDING AT NO.11, BLOCK NO.16, CAR SOUTH, ADAGODI POLICE QUARTERS, BANGALORE - 560 032. &PETITIONERS (BY SRI. ROHITH B.J, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ASST. COMMISSIONER OF POLICE ELECTRONIC CITY SUB-DIVISION, BENGALURU - 560 001. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21490 CRL.P No. 16975 of 2025 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE BENCH - 560 001. 2. DR. MALLIKARJUNA B. SWAMY FATHER NAME NOT KNOWN TO PETITIONER, AGED 56 YEARS, WORKING AS JAILOR AT OFFICE OF CHIEF PRISON CENTRAL JAIL, PARAPPANA AGRAHARA, ELECTRONIC CITY, BANGALORE - 560 100. &RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS IN CRIME NO.191/2023 OF PARAPPANA AGRAHARA POLICE STATION BANGALORE CITY NOW PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE (SPECIAL COURT) IN SPL.CASE NO.87/2024 FOR THE ALLEGED OFFENCES P/U/S 8(c), 22(C), 27(A) OF NDPS ACT, AND SECTION 424 OF IPC AND SECTION 42 OF THE KARNATAKA PRISONS (AMENDMENT) RULES 2022. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:21490 CRL.P No. 16975 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in Spl. Case No.87/2024 alleged for the offences punishable under Sections 8(C), 22(C), 25, 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for short), Section 424 of the Indian Penal Code, 1860 ('the IPC' for short) and Section 42 of the Karnataka Prisons (Amendment) Rules, 2022. 2. Heard Sri. Rohith B.J. learned counsel appearing for the petitioners and Sri. B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for respondent No.1. 3. The learned counsel appearing for the petitioners submits that a co-ordinate Bench in Crl.P.No.2174/2024, disposed on 19.03.2025, has quashed the proceedings qua accused No.8, on the score that the concerned Court is proceeding with the trial against the petitioners therein, who are the public servants, without there being sanction for - 4 - HC-KAR NC: 2026:KHC:21490 CRL.P No. 16975 of 2025 prosecution is placed before it. The petitioners in the subject petition are also similarly placed. 4. The Co-ordinate Bench in Crl.P.No.2174/2024 has held as follows: "The petitioner - accused No.8, who is facing trial for the offences punishable under Sections 8(C), 22(C), 25, 27(A) of Narcotic Drugs & Psychotropic Substances Act, 1985, Section 42 of the Karnataka Prisons (Amendment) Act, 2022 and Section 424 of IPC, is before this Court seeking the following relief: i. Quash the entire charge sheet and consequently the entire proceedings in Crime No.191/2023 registered by the Parappana Agrahara P.S. for offence punishable under Sections 8(C), 22(C), 25, 27(A) of NDPS Act, and Section 42 of the Karnataka Prisons (Amendment) Act, 2022 and Section 424 of IPC, now pending in Spl.C.No.87/2024 on the file of the Hon'ble XXXIII Addl.City Civil and Sessions Judge and Special Judge for NDPS Cases at Bengaluru (CCH- 33) in so far as the petitioner/accused No.8 is concern in the ends of justice. ii. Pass such other order or orders as this Hon9ble Court may deem fit in the facts and circumstances of the case in the ends of justice." 2. The prosecution alleges that petitioner/accused No.8, who was one of the escort police, during escorting accused Nos.1 to 13, supplied drugs and mobile phone to accused Nos.5 and 7 and also the allegation against accused No.8 is that he has received a sum of Rs.5,000/- from accused No.7 for assisting accused Nos.1 and 2 in carrying the drugs and mobile phones to the prison. - 5 - HC-KAR NC: 2026:KHC:21490 CRL.P No. 16975 of 2025 3. Learned counsel for the petitioner submitted that the alleged offences have been committed by the petitioner during the course of discharge of his official duty and therefore, before sanction to prosecute against the petitioner, the cognizance taken by the learned Magistrate itself vitiates. 4. In response, learned Addl.SPP submitted that the sanction to prosecute although does not form part of the charge sheet, however, the competent authority has granted sanction to prosecute and therefore, the congizance taken by the Special Court is in accordance with law. 5. Heard the learned counsel for the petitioner and the learned Addl.SPP for the respondent State. 6. Admittedly, the offences alleged to have been committed by the petitioner are during the course of discharge of his official duty and therefore, before taking cognizance, competent authority was required to grant sanction to prosecute as stated in Section 197 of Cr.P.C. In the instant case, sanction to prosecute granted by the competent authority is not part of the charge sheet. Therefore, the cognizance taken by the Special Court in the circumstances stands vitiated. In such circumstances, I pass the following order: ORDER i) The Petition is allowed. ii) The impugned proceedings in Spl.C.No.87/2024, on the file of XXXIII Addl.City Civil and Sessions Judge and Special Judge for NDPS Cases at Bengaluru (CCH-33), in so far as it relates to the petitioner/accused No.8, is hereby quashed. The trial Court is at liberty to take congnizance of the offences as alleged against the petitioner in the event the prosecution places on record the sanction to prosecute as per Section 197 of Cr.P.C. - 6 - HC-KAR NC: 2026:KHC:21490 CRL.P No. 16975 of 2025 All contentions of the parties are kept open." In the light of the proceedings having been quashed qua accused No.8 on the score of want of sanction under Section 197 of the Cr.P.C., the petition deserves to succeed albeit, with a rider that in the event, the State would procure sanction to prosecute the petitioners in the subject petition and place it, before the concerned Court, the concerned Court shall reopen the proceedings and continue the same. 5. For the aforesaid reasons, the following: ORDER (i) The criminal petition is allowed. (ii) The impugned proceedings in Spl.C.No.87/2024, on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases at Bengaluru (CCH-33), insofar as it relates to the petitioners/accused Nos.15 and 16, are hereby quashed. (iii) The trial Court is at liberty to take cognizance of the offences as alleged against the petitioners in the event, the prosecution places on record the sanction to prosecute the petitioners as per Section 197 of Cr.P.C. - 7 - HC-KAR NC: 2026:KHC:21490 CRL.P No. 16975 of 2025 All contentions of the parties are kept open. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 17