Karnataka High Court
Pramod Karnam vs The State Of Karnataka on 24 March, 2026
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24Th DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200306 OF 2026
(482(Cr.PC)/528 (BNSS))
BETWEEN:
1. PRAMOD KARNAM
S/O LATE K VASUDEV MURTHI KARNAM
AGE: 52 YEARS
OCC: ELECTION OFFICER/CO-OPERATIVE
SOCIETIES DEVELOPMENT OFFICER
OFFICE OF THE ASSISTANT REGISTRAR
OF COOPERATIVE SOCIETIES
R/O PLOT NO.232/A SEDAM ROAD
NEAR UNIVERSITY, VIRENDRA PATIL NAGAR
KALABURAGI-585105
2. SANJAYKUMAR S/O REVANASIDDAPPA
AGE: 56 YEARS
OCC: ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES KALABURAGI
R/O H.NO2-907/12/A SANJAY NIVAS
Digitally signed by
SHIVALEELA SEDAM ROAD, GUBBI COLONY
DATTATRAYA UDAGI
Location: HIGH
KALABURAGI-585105
COURT OF ...PETITIONERS
KARNATAKA
(BY SRI. ASHOK MULAGE., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH SUB-UBAN POLICE STATION
KALABURAGI
DIST: KALABURAGI-585102
R/BY ADDL.SPP
HIGH COURT OF KARNATAKA
KALABURAGI, BENCH-585107
2
2. ASHOK S/O MOGALAYYA GUTTEDAR
AGE: 60 EYARS
OCC: SOCIAL WORKER AND BUSINESS
R/O BHUSNOOR, TQ: ALAND
DIST: KALABURAGI-585236
...RESPONDENTS
(BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1;
NOTICE TO R2 SERVED)
THIS CRL.P IS FILED U/SEC. 528 OF BNSS (NEW),
PRAYING TO ALLOW THE PETITION AND QUASH THE FIR AND
COMPLAINT IN CRIME NO.345/2025 OF SUB-URBAN POLICE
KALABURAGI CITY FOR THE OFFENCES PUNISHABLE U/SECS.
201, 351(2), 352 R/W 3(5) OF BNS-2023 PENDING ON THE
VILE OF V ADDL. CIVIL JUDGE (JR. DN) AND JMFC,
KALABURAGI IN FIR NO.2980/2025.
THIS PETITION HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 12.03.2026, COMING ON FOR
"PRONOUNCEMENT OF ORDERS" THIS DAY, THE COURT MADE
THE FOLLOWING:
ORAL ORDER
The petitioners have filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking following relief's;
"Wherefore, the Hon'ble Court may kindly be pleased to allow the petition and quash the FIR and complaint in Crime No.345/2025 of Sub-Urban Police Kalaburagi City for the offences punishable under Sections 201, 351(2), 352 r/w 3(5) of BNS-2023 pending on the file of V Addl. Civil Judge (Jr.Dn.) and JMFC, Kalaburagi in FIR No.2980/2025, in the interest of justice and equity."3
2. The brief facts of the case is that, on 08.12.2025, complainant/respondent No.2 filed a complaint against the petitioners alleging that, the complainant is contesting to the post of Administrative Director in a election to be held to a Co-operative Sugar Factory Limited, Bhusnoor on 03.12.2025 at Vishwaradhya Temple premises, Kalaburagi, and the voting process was going on. At that time, the Managing Director, Sanjay Kumar of Co-operative Sugar Factory Bhusnoor and Election Officer Pramod Karnam having colluded intentionally to make benefit to the congress party supported panel have prepared incorrect ballot papers and have handed over the said incorrect ballot papers to their voters and the same was noticed by their supporters Basavaraj Patil Bhusnoor, Veerbhadra S/o: Sadashiv Kambar, Shantappa Sadashiv Kambar, residents of Bhusnoor have told him about the same and at about 12.30 p.m., he has questioned the same to the Co- operative Sugar Factory M.D., Sanjay Kumar and at that time the Election Officer Pramod Karnm intervened and abused in a filthy language and also assaulted him and 4 threatened of his life. Further, it is alleged that the same was noticed by voters who were come for voting. The authorized voter list of Co-operative Sugar Factory Elections is also in favour of Congress Party and the names of the voters who were in favour of BJP Party, were not in the authorized voter list. Therefore, he has questioned the same and for that also, they abused and assaulted. During the same time, the opponents Congress party supporting candidates and their supporters came to assault him and therefore he run away from the spot to save his life. He came outside the premises by taking protection of BJP party supporters and if he was there itself, he should have been killed. Therefore, the same issue has been discussed with BJP supporters and having discussed the same, lodged this complaint belatedly. Therefore, requested to take against Election Officer Pramod Karnam and S.S.K.N., M. D. SanjayKumar. On the basis of the said complaint, the respondent police have registered the case on 08.12.2025 against the petitioners. Being aggrieved by the registration of the case, the 5 petitioners have challenged the correctness, legality, and propriety of the same.
3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent No.1 - State.
4. The learned counsel appearing on behalf of the petitioners would submit that the petitioners are innocent persons, they have not committed any offence much less as alleged in the complaint. The complainant with an ulterior motive has filed a false case to harass the petitioners. The petitioner No.1 is a Co-operative Development Officer in the ARCS Office, Kalaburagi and he was appointed as Returning Officer by the Co-operative Election Authority, Bengaluru, for conducting elections to Sahakari Sakkare Karkhane Niyamita, Bhusnoor (S.S.K.N) Taluka Aland and petitioner No.2 is working as Assistant Register in the Co-operative Societies, Kalaburagi, and he is also Managing Director of S.S.K.N., Bhusnoor. The petitioner No.1 has lodged a complaint on 03.12.2025 against 50 persons for having assaulting and obstructing 6 in conducting smooth election to the SSKN Bhusnoor by destroying ballot papers and ballot boxes before the Sub- Urban Rural Police, Kalaburagi, stating that as per the Executive Council proceedings dated 06.09.2025, the place of elections was decided at Vishwaradhya Kalyan Mantap Aland Road, Kalaburagi, on 16.11.2025 and calendar of events were issued. After withdrawal of the nomination, 28 candidates were remained in election, contesting list for electing 14 candidates as per by law and the date was fixed for the election on 03.12.2025. On 03.12.2025 at about 09.00 a.m. the voting is commenced in six polling booths and at about 12.30 p.m. there was disturbance in polling booth No.1 and petitioner No.1 being the Election Officer to know the disturbance in polling booth No.1 proceeded along with Managing Director of the factory i.e. petitioner No.2 and thereby noticed about 50 persons have started disturbance by assaulting the petitioners and their staff who were on duty of election and have stopped the election process and forcibly took the ballot papers, torned and thrown them and have also tried to remove the seal of the ballot box. 7 After the said disturbance was started by them in all the polling booths they have assaulted to a person who were in official duty for conducting elections and have obstructed for conducting smooth elections by destroying ballot papers and ballot boxes and have also assaulted the public servants who are on duty. Therefore, requested to take action against them. On the basis of the said complaint lodged by petitioner No.1 against 50 persons who have assaulted and destroyed the election process, the respondent No.1 police have registered the case in Crime No.342/2025 for the offences punishable under Sections 115(2), 132, 191(2), 189(2), 190, 351(1), 352 of BNS 2023 and Section 39K of Karnataka Cooperative Societies Act, 1959. Therefore, the complainant in this case being amongst the 50 persons who have committed the offence of assault and destroying the election process. To counterblast the case registered by the petitioner No.1, has lodged a false complaint by creating a false story against the petitioners after 5 days of lodging of the complaint by the petitioner No.1. Therefore, the proceedings initiated against the petitioners is nothing but 8 abuse of process of law. Further, he would submit that the complainant with the malafide intention to harass the petitioners, after being registered a case against them have lodged this complaint in a belated after five days without properly explaining the delay. Therefore, the initiation of the proceedings against the petitioners deserves to be quashed. Further, he would submit that petitioners have been involved in the above case only on the basis of omnibus allegations made against the petitioners and therefore continuation of the proceedings against the petitioners will nothing but abuse of process of law and absolutely there are no materials to constitute alleged commission of offences. On all these grounds, sought for allowing of the petition.
5. Per contra, learned High Court Government Pleader appearing for respondent No.1-State opposed to the petition.
6. On the basis of the complaint filed by Ashok, the Sub-Urban Police have registered the case in Crime No.345/2025 against accused Nos.1 and 2 i.e., present 9 petitioners for the commission of offence under Sections 201, 351(2), 352 r/w 3(5) of BNS 2023 and submitted the FIR to the Court. In the complaint, it is stated as under:
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7. Prior to this complaint, Sri Pramod Karnam, who is petitioner No.1 has lodged the complaint to the police. On the basis of that complaint, the Sub-Urban Police have registered the case on 03.12.2025 in Crime No.342/2025 against 50 unknown persons, voters for the commission of offence under Sections, 155(2), 132, 191(2), 189(2), 190, 351(1), 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 39K of Karnataka Cooperative Societies Act, 1959 and submitted the FIR to the Court on 04.12.2025.
8. On perusal of the materials placed before this Court, it is crystal clear that after registration of the case in Crime No.342/2025 against 50 unknown persons, the complainant in Crime No.345/202 had lodged the complaint against the present petitioners for the commission of offence under Sections 201, 351(2), 352 r/w 3(5) of BNS 2023 and there is 5 days delay in filing this complaint. In the complaint, the complainant has explained with regard to the delay in lodging the complaint. Whether, this complaint filed by the 12 complainant is genuine or not has to be examined by the Investigating Officer. Before conducting investigation, only on the basis of the ground urged by the learned counsel for the petitioner, at this stage, it is not just and proper to form an opinion that the complainant has foisted a false case against the petitioners. Therefore, on this ground, the proceedings initiated by the concerned police cannot be quashed at this stage and the registration of the case against the present petitioners cannot be considered as abuse of process of law. Viewed from any angle, I do not find any grounds to quash the proceedings. Hence, I proceed to pass the following:
ORDER The Criminal Petition is dismissed.
Sd/-
(G BASAVARAJA) JUDGE msr