Karnataka High Court
Keshav Murthy vs State Of Karnataka on 5 March, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2025:KHC:9406
CRL.P No. 13607 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 13607 OF 2024
BETWEEN:
1. KESHAV MURTHY
S/O DORESWAMY
AGE ABOUT 58 YEARS
R/AT NO.17, TAYI MANE
MOLLURU VILLAGE
KODATI GATE, SARJAPUR ROAD
BENGALURU CITY-560 035, KARNATAKA.
2. PRASHANT
S/O NAGARAJ
AGED ABOUT 44 YEARS
R/AT NO.322, 4TH CROSS
POST OFFICE ROAD
VALLABH BHAYI
Digitally signed by B
K
RAMAMURTHY NAGARA
MAHENDRAKUMAR BENGALURU CITY-560 016
Location: HIGH
COURT OF KARNATAKA.
KARNATAKA
...PETITIONERS
(BY SRI. HEMANTHA B., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY PULAKESHINAGAR POLICE STATION
REP. BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU-560 001.
-2-
NC: 2025:KHC:9406
CRL.P No. 13607 of 2024
2. KIRAN KUMAR P B
POLICE INSPECTOR
PULAKESHINAGARA POLICE STATION
FRAZER TOWN
BENGALURU-560 005.
...RESPONDENTS
(BY SRI. ANOP KUMAR M.V., HCGP FOR R-1)
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 10TH ADDITIONAL CMM, MAYOHALL,
BENGALURU, BENGALURU DISTRICT.
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
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.
2. 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 -3- NC: 2025:KHC:9406 CRL.P No. 13607 of 2024 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.
3. Heard the learned counsel for the petitioners and learned High Court Government for the respondent- State.
4. 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.
5. Therefore, the continuation of the criminal proceedings against the petitioners herein would amount to abuse of the process of the law.
6. Accordingly, the petition is allowed. The impugned proceedings in C.C.No.55037/2023 on the file of the learned 10th Additional CMM, Mayohall, Bengaluru, -4- NC: 2025:KHC:9406 CRL.P No. 13607 of 2024 insofar it relates to the petitioners herein is hereby quashed.
7. Liberty is reserved the respondents to obtain sanction under Section 196 Cr.P.C., and thereafter proceed in accordance with law.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 119