IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104385 OF 2025 (482(CR.PC)/528(BNSS))

BETWEEN:

NIKIL NAIKAR AGE 40 YEARS, OCC. BUSINESSMAN R/O. SOMAPUR COMPLEX, 3RD CROSS, MANIKANT NAGAR, OPPOSITE TO AYYAPPA SWAMY TEMPLE, HEBBALLI TQ AND DIST DHARWAD 580112.

…PETITIONER (BY SRI. GANAPATI M. BHAT, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY POLICE SUB INSPECTOR SIRSI NEW MARKET POLICE STATION SIRSI REPRESENTED BY S.P.P.

CHANDRASHEKAR HIGH COURT OF KARNATAKA LAXMAN KATTIMANI DHARWAD BENCH AT DHARWAD 583011.

2. RATNA KURI W/O SANKAPPA KURI Digitally signed by CHANDRASHEKAR LAXMAN AGE 35 YEARS, OCC. PSI(LAW AND ORDER)

KATTIMANI SIRSI NEW MARKET POLICE STATION SIRSI Date: 2026.02.17 16:59:23 +0530 TQ SIRSI DIST UTTARA KANNADA 581401 REP.BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH.

…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;

NOTICE SERVED TO R2)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO ALLOW THE CRIMINAL PETITION FILED U/SEC.528 OF BNSS, 2023 AND QUASH PROCEEDINGS IN CRIME NO.111/2025 OF SIRSI NEW MARKET POLICE STATION, SIRSI PENDING ON THE FILE OF THE COURT OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, SIRSI UTTARA KANNADA, FOR AN OFFENCES PUNISHABLE U/S 37 AND 109 OF KARNATAKA POLICE ACT, 1963 AND SEC.285 OF BHARATIYA NYAYA SANHITA(BNS), 2023, IN SO FAR AS PETITIONER/ACCUSED HEREIN.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

1. Heard Sri.Ganapatil M. Bhat, learned counsel appearing for petitioner and Smt.Kirtilata R. Patil, learned High Court Government Pleader, appearing for respondent No.1-State.

2. Respondent No.2 served but remains unrepresented. 3. This criminal petition is filed under Section 528 BNSS with the following prayer:

“It is therefore, prayed that this Hon’ble Court be pleased to allow the criminal petition filed under Section 482 OF Cr.P.C. (528 OF BNSS), seeking to allow the Criminal Petition filed under Section 528 of BNSS, 2023 and quash proceedings in Crime No.111/2025 of Sirsi New Market Police Station, Sirsi pending on the file of the Court of Prl. Civil Judge (Jr.Dn) and JMFC Court, Sirsi, Uttara Kannada, for an offences punishable under Section 37 and 109 of Karnataka Police Act,1963 and Section 285 of Bharatiya Nyaya Sanhita(BNS), 2023, in so far as petitioner/accused herein.”

4. Facts of the case are as under:

4.1. A complaint came to be lodged by respondent No.2 before the New market Police Station, Sirsi. In the complaint, it is alleged that on 10.09.2025 at about 03.35 p.m. within the limits of New Market Police Station, Sirsi, a Ganesha idol was installed by Sri.Gajananotsava Samithi (R) registered at Ayyappa Nagara, Sirsi, and necessary police force was deployed along with Jeep bearing No.KA-30/G-0470.

4.2. At about 7.00 p.m., when the procession reached a place opposite Leader Audio, a DJ sound system was played, resulting in blockage of the road and disturbance to peace and tranquility, including causing sound pollution and therefore sought for action.

5. Based on the report given by respondent No.2, a case came to be registered under Section 285 of the Bharatiya Nyaya Sanhita, 2023, and Sections 37 and 109 of the Karnataka Police Act, 1963, and are investigating the matter.

6. The registration of the FIR is called in question by the petitioner on several grounds.

7. Learned counsel Sri.Ganapati M. Bhat, appearing for petitioner, reiterating the grounds urged in the petition, submits that Sirsi Kaa Maharaja Sri.Ganeshotsava Samiti is a registered organization having its office in Ayyappa Nagar, Sirsi. Necessary permission had been obtained for installation of the Ganesha idol, and necessary information had also been furnished to the police for conducting the Ganapathi Visarjan procession.

8. In fact, police security was also sought, and the procession proceeded smoothly between