Keshav Murthy Vs State of Karnataka

THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN CC.NO.55037/2023 (ARISING OUT OF CRIME NO.71/2023) OF THE RESPONDENT NO.1 PULAKESHINAGAR POLICE STATION, FOR THE OFFENCE P/U/S 153, 153A, 34 OF IPC, PENDING ON THE FILE BEFORE THE HON'BLE 10^TH ADDITIONAL CMM, MAYOHALL, BENGALURU, BENGALURU DISTRICT.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioners accused No.1 and 2 who have been charge sheeted for the offences punishable under Sections 153A, 153,r/w section 34 of IPC are before this Court seeking relief.

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The prosecution alleges that on 19.2.2023, a programme was organized to celebrate the anniversary of Sri Chhatrapati Shivaji, and the complainant and his staffs were deployed to provide Bandobasth to the said

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NC: 2025:KHC:9406 CRL.P No. 13607 of 2024

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programme, and the petitioners herein who were the part of the celebration made derogatory remarks against a particular community so as to out rage their religious feelings.

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Heard the learned counsel for the petitioners and learned High Court Government for the respondentState.

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The cognizance of the offence punishable under Section 153A can be taken only upon previous sanction granted by the State Government as stated under Section 196 Cr.P.C. In the instant case, the cognizance of the offence under Section 153A of Cr.P.C. is taken without obtaining previous sanction of the State Government as stated under Section 196 Cr.P.C. Therefore, the cognizance taken on the aforesaid offences stands vitiates for want of authority.

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Therefore, the continuation of the criminal proceedings against the petitioners herein would amount to abuse of the process of the law.

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Accordingly, the petition is allowed. The impugned proceedings in C.C.No.55037/2023 on the file of the learned 10^th Additional CMM, Mayohall, Bengaluru,

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NC: 2025:KHC:9406 CRL.P No. 13607 of 2024

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insofar it relates to the petitioners herein is hereby quashed.

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Liberty is reserved the respondents to obtain sanction under Section 196 Cr.P.C., and thereafter proceed in accordance with law.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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HR List No.: 1 Sl No.: 119

Keshav Murthy v. State of Karnataka

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Keshav Murthy v. State of Karnataka

Case brief

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