Mr Ashok K L Vs the State of Karnataka

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1 - NC: 2026:KHC:15453 CRL.P No. 1940 of 2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 1940 OF 2019

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BETWEEN:

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MR. ASHOK K.L. NOW AT S/O K.S.LAKSHMANAGOWDA, AGED ABOUT 41 YEARS, VERABADRESHWARA NILAYA, RANGANATHA LAYOUT, I CROSS, AYYAPPA TEMPLE MAIN ROAD, SHIVAMOGGA-577205

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MR. GOUSE MOHIDDIN NOW AT S/O FAKIR BERI, AGED ABOUT 61 YEARS, R/AT KODAHALLI VILLAGE, BANAKAL, MUDIGERE TALUK CHIKKAMAGAULURU DISTRICT-577113

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Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA

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SRI. PRAKASH RAI NOW AT S/O MANJUNATH RAI AGED ABOUT 53 YEARS, R/AT NO.234, 3^RD FLOOR, RAJANIGANDHA APARTMENTS, VITTAL MALYA ROAD, (OPP. UB CITY) BANGALORE-560001

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MR. JIGNESH MEVANI AGED ABOUT 40 YEARS, NOW AT S/O NATWARLAL SHANKARLAL PARMAR, MEMBER OF LEGISLATIVE ASSEMBLY VADAGAM CONSTITUTENCY, GUNJARATH STATE-385410

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…PETITIONERS

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(BY SRI. KARTHIK NATESH, ADVOCATE FOR SMT. LEELA P DEVADIGA, ADVOCATE)

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NC: 2026:KHC:15453 CRL.P No. 1940 of 2019

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HC-KAR

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AND:

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THE STATE OF KARNATAKA BY CHIKMAGALUR TOWN POLICE STATION, REP. BY SPP., HIGH COURT OF KARNATAKA, BANGALORE-560001

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SMT. THUSHARAMANI AGED ABOUT MAJOR, FLYING SQUAD OFFICE/CMC COMMISSIONER CHIKMAGALURU CHIKMAGALURU-577 101. KARNATAKA

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…RESPONDENTS

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(BY SRI. MR..PATIL, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;

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NOTICE IS SERVED ON RESPONDENT NO.2)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR IN CRIME NO.127/2018, AND CHARGE SHEET DATED 20.12.2018 OF CHIKKAMAGALURU TOWN POLICE STATION AS WELL AS THE ORDER DATED 31.01.2019, PASSED BY THE SENIOR CIVIL JUDGE AND CJM COURT, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU TAKING COGNIZANCE AND ISSUING PROCESS/SUMMONS TO THE PETITIONERS IN C.C.NO.132/2019 COPIES OF WHICH ARE PRODUCED AT ANNEXURES-B, C AND D RESPECTIVELY AND ALL FURTHER PROCEEDINGS PURSUANT THERETO.

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

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NC: 2026:KHC:15453 CRL.P No. 1940 of 2019

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioners have sought to quash the First Information Report in Crime No.127/2018 registered against them by the respondent No.1 and to quash the charge sheet filed against them in C.C. No.132/2019 for the offences punishable under Sections 143, 147, 341, 149 of the Indian Penal Code, 1860 (for short, ‘IPC’) and Sections 37 and 109 of the Karnataka Police Act, 1963 (for short, ‘the K.P Act’), pending trial before the Senior Civil Judge and CJM, Chikkamagaluru. They have also sought for quashing of the order dated 31.01.2019 passed by the Trial Court taking cognizance of the aforesaid offences and issuing summons to them.

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The respondent No.2 being an officer of the Chikkamagaluru Assembly Election Flying Squad during the year 2018, informed the respondent No.1 on 03.05.2018 that while she was on duty on 03.05.2018 at 3.45 p.m., she came to know that members of the Komu Souharda Vedike were obstructing the movement of men and vehicles at Ande Chatra

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4 - NC: 2026:KHC:15453 CRL.P No. 1940 of 2019

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HC-KAR

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Circle and had installed dais and were holding a meeting. She along with her team went to the spot and found that about 150 to 200 people had gathered on the public road and had violated election code of conduct as they did not obtain any permission from the concerned Department or the Election officers for organizing such a meeting. She claimed that those assembled there had installed loud speakers without obtaining permission and were discussing about political parties and hence, sought respondent No.1 to take action.

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Based on the above, the respondent No.1 registered Crime No.127/2018 for the offences punishable under Sections 143, 147, 188, 341 read with Section 149 of the IPC and under Sections 37 and 109 of the K.P Act.

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After investigation, the respondent No.1 filed a charge sheet against the petitioners and other accused for the offences punishable under Sections 143, 147, 341, 149 of IPC and Sections 37 and 109 of the K.P Act. The Trial Court in terms of the order dated 31.01.2019, took cognizance of the aforesaid offences and issued summons to the accused.

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NC: 2026:KHC:15453 CRL.P No. 1940 of 2019

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HC-KAR

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The petitioners are aggrieved by the FIR registered against them in Crime No.127/2018 and the charge sheet as well as the order dated 31.01.2019 passed by the Trial Court taking cognizance of the aforesaid offences and issuing summons to them in C.C No.132/2019. .

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Learned counsel for the petitioners submitted that a perusal of the information furnished by the respondent No.2 to the respondent No.1 would show that the offences punishable under Sections 143, 147, 341 and 149 of IPC were not made out but yet the same were inserted only to overcome the requirement of law under Section 155(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.'). He contends that the only offence that was made out was under Section 188 of IPC which was non-cognizable and hence, respondent No.1 could not have registered an FIR but must have resorted to the requirement of law specified under Section 155(2) of Cr.P.C.

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The learned High Court Government Pleader submitted that an offence under section 143 of IPC was made out as the Election Code of Conduct was in force in view of the elections to the Chikkamagaluru Vidhana Sabha Constituency

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6 - NC: 2026:KHC:15453 CRL.P No. 1940 of 2019

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HC-KAR

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which prohibited people from gathering in groups and also prohibited the use of loud speakers without permission. He, therefore, contends that an offence under section 143 of IPC is made out and the respondent No.1 was justified in filing the charge sheet and the Trial Court was justified in taking cognizance of the offences.

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I have considered the submissions of the learned

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counsel for the petitioners and the learned High Court Government Pleader for respondent No.1. Respondent No.2 though served with notice, has not chosen to enter appearance before this Court.

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A perusal of the material on record discloses that the respondent No.2 informed the respondent No.1 that the members of Komu Souharda Vedike had assembled near Ande Chatra Circle and had erected a dais and were holding a meeting. It may be that Election Code of Conduct was in force in view of the elections to the Chikkamagaluru Vidhana Sabha Constituency during the year 2018. However, unless the petitioners had unlawfully assembled to do any unlawful activity or committed any act of rioting or wrongfully restrained any

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NC: 2026:KHC:15453 CRL.P No. 1940 of 2019

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HC-KAR

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person, the invocation of Sections 143, 147, 149 and 341 of IPC was an abuse of the process of law. There is nothing on record to show that the petitioners were in electioneering or using loud speakers for the purpose of election or promoting a candidate or politicking for a political party. Assuming that the petitioners had violated the Election Code of Conduct, it could at the most be an offence under Section 188 of IPC but, it was incumbent for the respondent No.1 to establish how such violation had caused any obstruction/annoyance or injury to any person. However, an offence under Section 188 of IPC is dropped in the charge sheet and there is nothing to show that the petitioners had caused any obstruction/annoyance or injury for the Trial Court to exercise power under Section 222 of Cr.P.C. Hence, the prosecution of the petitioners was wholly unwarranted. Therefore, the following:

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ORDER

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(i) This petition is allowed.

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(ii) The prosecution of the petitioners / accused Nos.1, 2, 5 and 6 in C.C. No.132/2019 for the offences punishable under Sections 143, 147, 341, 149 of

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NC: 2026:KHC:15453 CRL.P No. 1940 of 2019

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HC-KAR

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the Indian Penal Code, 1860 and Sections 37 and 109 of the Karnataka Police Act, 1963, pending trial before the Senior Civil Judge and CJM, Chikkamagaluru, is quashed.

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(iii) The order dated 31.01.2019 passed by the Trial Court taking cognizance of the aforesaid offences and issuing summons to the petitioners herein is also quashed.

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Sd/(R. NATARAJ) JUDGE

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sma

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List No.: 1 Sl No.: 8

Mr Ashok K L v. the State of Karnataka

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Mr Ashok K L v. the State of Karnataka

Case brief

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