IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33461 OF 2024 (GM-RES)

C/W WRIT PETITION NO. 33465 OF 2024 (GM-RES)

IN WP No. 33461/2024 BETWEEN:

SRI. SACHIN PATIL S/O N K PATIL AGED ABOUT 32 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, SOUTH WEST-3 SUB DIVISION, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, M N K PARK BASAVANAGUDI BANGALORE-560004 …PETITIONER (BY SRI. SATISH K., ADVOCATE)

Digitally signed by LEELAVATHI S R AND:

Location: High Court of 1. THE STATE BY BASAVANAGUDI POLICE STATION, Karnataka REPRESENTED BY ITS SUB INSPECTOR, BASAVANAGUDI BANGALORE-560004

2. SRI PRADEEP KUMAR N., FATHER’S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 34 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, KEMPEGOWDA NAGAR SUB DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU-560019 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 SRI PUNITH C., ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SAMHITA, 2023 PRAYING TO CALL FOR RECORDS FROM THE RESPONDENT NO.1 AND QUASHING THE IMPUGNED CHARGE SHEET DATED 09.07.2024 FILED BY THE BASAVANAGUDI POLICE - THE RESPONDENT NO.1 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 431 READ WITH SECTION 34 OF INDIAN PENAL CODE, 1860 AND SECTION 3 OF THE PREVENTION OF DAMAGE TO THE PUBLIC PROPERTIES ACT, 1984 (ANNEXURE-B) AND ALL PROCEEDINGS PURSUANT THERETO, PENDING ON THE FILE OF THE HONORABLE II ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE IN C.C.NO.25797/2024 (ANNEXURE-C), IN SO FAR AS THE PETITIONER IS CONCERNED (ACCUSED NO.2) AND ETC.

IN WP NO. 33465/2024 BETWEEN:

SRI MANJU C S S/O. LATE NINGE GOWDA, AGED ABOUT 45 YEARS, CONTRACTOR, SRI. TIBBADEVI CONSTRUCTIONS, NO. 78, 1^ST BLOCK, 6^TH STAGE, BDA LAYOUT, BANASHANKARI, BANGALORE 560 061.

...PETITIONER (BY SRI. SATISH K.,ADVOCATE)

AND:

1. THE STATE BY BASAVANAGUDI POLICE STATION, REPRESENTED BY ITS SUB INSPECTOR, BASAVANAGUDI, BANGALORE - 560 004.

2. SRI. PRADEEP KUMAR N.

FATHER'S NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 34 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, KEMPEGOWDA NAGAR SUB DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE - 560 019.

...RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 SRI PUNITH C., ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SAMHITA, 2023 PRAYING TO CALL FOR RECORDS FROM THE RESPONDENT NO.1 AND QUASH THE IMPUGNED CHARGE SHEET DTD. 09.07.2024 FILED BY THE BASAVANAGUDI POLICE THE RESPONDENT NO.1 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 431 READ WITH SECTION 34 OF INDIAN PENAL CODE, 1860 AND SECTION 3 OF THE PREVENTION OF DAMAGE TO THE PUBLIC PROPERTIES ACT, 1984 (ANNEXURE-A) AND ALL FURTHER PROCEEDINGS PURSUANT THERETO, PENDING ON THE FILE OF THE HONBLE II ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE IN C.C.NO. 25797/2024 (ANNEXURE-B) IN SO FAR AS THE PETITIONER IS CONCERNED (ACCUSED NO. 1).

THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

Petitioners in both the petitions are alleged to have committed offences punishable under Sections 431 of IPC and Section 3 of the Prevention of Damage to Public Properties Act, 1984 (hereinafter referred to as ‘the Act’ for short).

2. The petitioner in W.P.No.33461/2024 is the Assistant Executive Engineer of BWSSB, while the petitioner in W.P.No.33465/2024 is the Contractor/ Supervisor, who is said to have acted under/on instructions of the other petitioner. According to the petitioners, the petitioner in W.P.No.33461/2024 being a public servant, necessary sanction under Section 197 of Cr.P.C ought to have been obtained before cognizance had been taken as against the petitioner and consequently, all further proceedings pursuant thereto in relation to petitioner in W