Karnataka High Court
Hanumanth S/O Nagappa Tummannanavar vs The State Of Karnataka on 29 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11030
CRL.P No. 103285 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 29TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103285 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
1. HANUMANTH S/O NAGAPPA TUMMANNANAVAR,
AGE. 22 YEARS, OCC. AGRICULTURE,
R/AT: HIREBANNIMATTI VILLAGE,
TQ. HADLGI, DIST. VIJAYANAGAR-583 216.
2. FAKKIRESH @ PAKKIRAPPA
S/O SOMAPPA @ SOMANNA TUMMANNANAVAR,
AGE. 35 YEARS, OCC. AGRICULTURE,
R/AT: HIREBANNIMATTI VILLAGE,
TQ. HADLGI, DIST. VIJAYANAGAR-583 216.
... PETITIONERS
(BY SRI. GOURISHANKAR H. MOT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
HIREHADAGALI POLICE STATION, VIJAYANAGAR,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580 011.
Digitally
signed by
RAKESH S
RAKESH HARIHAR
2. THE TAHSILDAR AND TALUK MAGISTRATE,
S Location:
HIGH HUVINA HADGALI, REP. BY ITS STATE PUBLIC
HARIHAR COURT OF
KARNATAKA PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD
DHARWAD
BENCH BENCH, DAHRWAD-580 011.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH
THE SHOW CAUSE NOTICE AND FURTHER PROCEEDINGS AGAINST
THE PETITIONERS AS INITIATED BY THE TAHSILDAR AND TALUK
MAGISTRATE, HUVINA HADAGALI IN "S/K/MAG/138/2024-25" UNDER
SECTIONS 129 AND 132 OF BNSS 2023.
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NC: 2025:KHC-D:11030
CRL.P No. 103285 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER
IS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. The petitioners are before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in Case No.S / K / MAG / 138 /2024-25 initiated under the provision of Sections 129 and 132 of the BNSS, 2023, by respondent No.2.
2. Heard the learned counsel appearing for the parties.
3. Learned counsel for the petitioners submits that preliminary order as required under Section 130 of the BNSS, 2023 has not been passed in the present case before issuing a show-cause notice against the petitioners proposing action under Sections 129 and 132 of the BNSS, 2023. Therefore, the impugned proceeding is liable to be quashed.
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NC: 2025:KHC-D:11030 CRL.P No. 103285 of 2025 HC-KAR
4. Per contra, learned HCGP who has opposed the petition submits that no final orders under Section 129 of the BNSS, 2023 has been passed and only show-cause notice has been issued. Petitioners are at liberty to appear before respondent No.2 and file their reply to the show- cause notice. Accordingly, she prays to dismiss the petition.
5. The material on record would go to show that the Sub-Inspector of Police, Hirehadagali, Vijayanagara District, has registered a preventive action report against the petitioners herein under Section 129 of the BNSS, 2023 and thereafter has requested respondent No.2 to initiate appropriate proceedings against them under Section 129 of the BNSS, 2023 for the purpose of executing necessary bonds. On receipt of a report from the Police Officer, respondent No.2, Tahasildar has issued a show-cause notice to the petitioners without passing mandatory preliminary order as provided under Section 130 of the BNSS, 2023.
6. Section 130 of the BNSS, 2023 reads as follows: -4-
NC: 2025:KHC-D:11030 CRL.P No. 103285 of 2025 HC-KAR "130. Order to be made.- When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show-cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties."
7. Section 130 of the BNSS, 2023 is pari materia to Section 111 of Cr.P.C. This Court in the case of Sri. Nithyananda Swamiji @ Thiru Rajashekaran vs. District Magistrate and Deputy Commissioner, Ramnagar District1, has observed that, the Taluk Executive Magistrate, without passing orders under Section 111 of Cr.P.C. cannot initiate a proceeding under Section 107 of Cr.P.C. and if such an order is passed under Section 107 of Cr.P.C., the same is bad in law.
8. In the case on hand, without passing mandatory preliminary orders, as provided under Section 130 of the 1 Crl.P. No.3253/2012, DD: 25.02.2013 -5- NC: 2025:KHC-D:11030 CRL.P No. 103285 of 2025 HC-KAR BNSS, 2023, which is equivalent to Section 111 of Cr.P.C., respondent No.2 - Tahasildar and Taluk Magistrate has issued show-cause notices to the petitioners under Section 129 of BNSS, 2023. The same is not permissible and therefore, to that extent, this criminal petition succeeds and accordingly the following:
ORDER
(i) The criminal petition is partly allowed.
(ii) The show-cause notice issued to the petitioners under Sections 129 and 132 of BNSS, 2023 by respondent No.2 -
Tahasildar and Taluka Magistrate is quashed, reserving liberty to proceed further in the matter taking into consideration the observations made hereinabove.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 89