Karnataka High Court
Keshav @ Keshuray And Ors vs The State Of Karnataka on 11 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 203534 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 203534 OF 2024 (GM-RES)
BETWEEN:
1. KESHAV @ KESHURAY
S/O SHANKAR BIRADAR,
AGED: 37 YEARS, OCC: C.H.C-223,
CHOWK POLICE STATION,
NOW AT BRAMPUR, KALABURAGI CITY,
R/O. VARDHANAGAR, UDNOOR ROAD,
KALABURAGI-585102.
2. UMESH S/O ANANDRAO DHANNUR,
AGED: 40 YEARS, OCC. CPC 882,
CHOWK POLICE STATION,
KALBURGI CITY,
Digitally signed R/O RAMNAGAR KALABURAGI-585102.
by SHIVAKUMAR
HIREMATH 3. ASHOK S/O MANOHAR SUTAR,
Location: HIGH AGED: 43 YEARS, OCC: C.P.C-625,
COURT OF
KARNATAKA CHOWK POLICE STATION,
KALABURAGI CITY,
R/O. NANDAGOKUL NAGARA,
UDNOOR ROAD, KALABURAGI-585102.
4. RAJU @ RAJKUMAR
S/O AMRUTH CHOUDHARY,
AGED: 33 YEARS, OCC: C.P.C-1100,
CHOWK POLICE STATION,
KALABURAGI CITY,
R/O. SARASAMBA, TQ. ALAND,
DIST. KALABURAGI-585302.
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WP No. 203534 of 2024
5. SIDRAMAYYA
S/O RUDRAYYA MATHAPATI,
AGED 42 YEARS, OCC: C.H.C-222,
RAGHAVENDRA NAGAR POLICE STATION,
KALABURAGI CITY,
R/O. GOUDGAON, TQ. AFZALPUR,
DIST. KALABURAGI-585213.
6. MUTTAPPA
S/O RAVUTAPPA BUTTANI,
AGED: 32 YEARS, OCC: A.P.C-262 CAR
KALABURAGI CITY,
NOW UNDER DEPUTATION AT STATE INTELLIGENCE
DIVISION, KALABURAGI,
R/O KOKATNUR, TQ. SINDAGI,
DIST. VIJAYAPURA.
...PETITIONERS
(BY SRI D. P. AMBEKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH THE SHO , CHOWK POLICE STATION,
KALABURAGI B. SUB-DIVISION KALABURAGI CITY,
REP.BY ITS STATE PUBLIC PROSECUTOR,
ADVOCATE GENERAL'S OFFICE,
HIGH COURT BUILDING,
KALABURAGI-585103.
2. SHRI DUNDAPPA
S/O SIDDRAM JAMADAR,
AGED: 29 YEARS, OCC: HOTEL EMPLOYEE,
R/O. GANGANAGAR AFZALPUR,
DIST. KALABURAGI, KALABURAGI CITY,
KARNATAKA.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1
SRI MAHANTESH H. DESAI, ADVOCATE FOR R2)
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WP No. 203534 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS ACT,
PRAYING TO a) ISSUE A WRIT, ORDER OR DIRECTION IN NATURE
OF CERTIORARI QUASHING ANNEXURE-F NAMELY, THE
CHARGESHEET / FINAL REPORT NO.54/2024 DATED 29.08.2024
INVOKING OFFENCES PUNISHABLE U/SEC.323, 324, 341, 342,
504, 506 AND SEC.201 R/W SEC. 149 IPC, 1860. b) ISSUE A
WRIT, ORDER OR DIRECTION IN NATURE OF CERTIORARI
QUASHING ANNEXURE-G NAMELY ORDER DATED 09.09.2024
PASSED BY THE III ADDL. JMFC KALABURAGI IN CC NO.
10131/2024 TAKING COGNIZANCE OF OFFENCES PUNISHABLE
U/SEC. 323, 324, 341, 342, 504, 506 AND SEC.201 R/W SEC. 149
IPC, 1860 AGAINST THE ACCUSED / PETITIONERS DESPITE
DENIAL OF SANCTION BY THE COMPETENT AUTHORITY,. c) SUCH
FURTHER OR OTHER RELIEFS BE GRANTED TO WHICH THE
PETITIONERS WOULD BE FOUND ENTITLED TO ON THE FACTS
AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING B
GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused Nos.2 to 7 are before this Court in this
petition filed under Article 226 of the Constitution of India,
read with Section 528 of Bharatiya Nagarika Suraksha
Sanhita, 2023, seeking for the following reliefs:
(a) Issue a writ, order or direction in the nature
of certiorari quashing Annexure-F, namely, the charge-
sheet/final report No.54/2024 dated 29.08.2024 invoking
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offences punishable under Section 323, 324, 341, 342,
504, 506 and Section 201 read with Section 149 of IPC,
1860.
(b) Issue a writ, order or direction in nature of
certiorari quashing Annexure-G, namely, order dated
09.09.2024 passed by the III Additional JMFC Court,
Kalaburagi, in C.C.No.10131/2024 taking cognizance of
the offences punishable under Section 323, 324, 341,
342, 504, 506 and Section 201 read with Section 149 of
IPC, 1860, against the accused/petitioners despite denial
of sanction by the competent authority.
(c) Such further or other reliefs be granted to
which the petitioners would be found entitled to on the
facts and circumstances of the case;
2. Learned counsel for the petitioners having
reiterated the grounds urged in the petition submits that,
the petitioners herein are police officers and therefore, the
sanction as provided under Section 197 of Cr.P.C., is
required to be obtained from the competent authority and
in the absence of the same, cognizance of the alleged
offence, as against the petitioners cannot be taken. He
submits that, therefore, the order impugned in the writ
petition dated 09.09.2024 cannot be sustained.
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3. Per contra, learned HCGP appearing on behalf
of the respondent No.1 submits that, the act committed by
the accused persons cannot be said to have been
committed during the course of discharging their duty,
therefore, the sanction under Section 197 of Cr.P.C., is not
required. He submits that, the State placing reliance on
the Judgment of the Hon'ble Supreme Court in the case of
A. Sreenivasa Reddy Vs. Rakesh Sharma and
another, reported in 2023 INSC 682 has already
rejected the application seeking sanction to prosecute the
accused No.1 in the present case on the ground that, the
alleged act has been committed by him in colourable
exercise of his duty. He submits that, considering the
allegations as against the accused Nos.2 to 7 who are the
petitioners herein, it cannot be said that, they have
committed the alleged act during the course of discharging
their duty. Accordingly, he prays to dismiss the petition.
4. The allegation against the accused persons who
are all police officers is that, they had forcibly taken the de
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facto complainant along with them on 24.10.2021 by
showing him a gun and threatening him and thereafter
they had tied his hands with a rope and assaulted him with
wooden clubs and as a result of the assault made by the
accused persons, the de facto complainant who is the
victim in the present case had suffered injuries and he was
admitted in GIMS Hospital at Kalaburagi. It is under these
circumstances, he had submitted a complaint on
29.10.2021 based on which FIR was registered against the
petitioners and accused No.1 initially for the offence
punishable under Sections 323, 324, 341, 342, 504 and
506 of IPC.
5. The police after the investigation have now filed
charge-sheet against the accused persons for the offence
punishable under Sections 323, 324, 341, 342, 504, 506,
201 read with Section 149 of IPC. Considering the nature
of allegations found against the petitioners/accused, it
cannot be said that, the alleged act of theirs is committed
by them during the course of discharge of their duty. As
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rightly contended by the learned HCGP, the State has
already held that no sanction is required to prosecute the
accused No.1 who is the higher officer of the petitioners
herein, considering the fact that, the alleged act has been
committed by the accused in colourable exercise of their
duties.
6. Under the circumstances, I am of the opinion
that, there is no merit in the contention urged on behalf of
the petitioners that the trial Court could not have taken
cognizance of the charge-sheeted offences in the absence
of sanction as provided under Section 197 of Cr.P.C.
Accordingly, the following order:
ORDER
The writ petition is dismissed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SVH
CT:PK
