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NC: 2026:KHC:21470

CRL.P No. 30 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 30 OF 2026

BETWEEN:

1. SHANMUGAM P S

AGED 58 YEARS

R/A NO. NO. 10,

THOTADA GUDADA HALLI,

NAGASANDRA,

BANGALORE - 560 073.

2. APPANNA,

AGED ABOUT 55 YEARS

S/O P.A. POOVAIAH,

R/A NO. 5, 20^TH CROSS,

TC PALYA MAIN, SRI MV NAGAR,

MUNESHWARA NAGAR,

Digitally

DOORAVANINAGAR,

signed by

SANJEEVINI J

BENGALURU - 560 016

KARISHETTY

Location:

High Court of

3. SHAMANNA REDDY,

Karnataka

AGED ABOUT 81 YEARS

S/O CHIKKABBAIAH REDDY,

R/AT 9^TH MAIN ROAD,

SHYAMANNA REDDY LAYOUT,

HONGASANDRA,

BOMMANAHALLI,

BENGALURU - 560 068.

…PETITIONERS

(BY MS. AVANI CHOKSHI, ADVOCATE)

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NC: 2026:KHC:21470

CRL.P No. 30 of 2026

HC-KAR

AND:

STATE OF KARNATAKA

BY UPPARPETE POLICE STATION

REPRESENTED BY

THE SPECIAL PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU - 560 001.

…RESPONDENT

(BY SRI. CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528

BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING

THAT THIS HONOURABLE COURT MAY BE PLEASED TO 1. SET

ASIDE THE ORDER DTD 25.09.2021 TAKING COGNIZANCE OF

OFFENCES P/U/S 269 OF IPC 1860, AND SEC. 51(b) OF

DISASTER MANAGEMENT ACT, 2005 AGAINST THE

PETITIONERS AND THE PROCEEDINGS IN C.C.NO.25509/2021

PENDING ON THE FILE OF THE LRD. V ADDL. CHIEF

METROPOLITAN MAGISTRATE, BANGALORE, PRODUCED

HEREWITH AS ANNEXURE-B AND ETC.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:21470

CRL.P No. 30 of 2026

HC-KAR

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard the learned counsel, Ms. Avani Chokshi, appearing

for the petitioners, Sri. Channappa Erappa, learned HCGP

appearing for the respondent and have perused the material on

record.

2. The petitioners are before this Court, seeking the

following prayer:

"(i) SET ASIDE order dated 25.09.2021 taking

cognizance of offences under Section 269 of the

Indian Penal Code, 1860, and Section 51(b) of

Disaster Management Act, 2005 against the

Petitioners and the proceedings in C.C.

No.25509/2021 pending on the file of the Learned

V Additional Chief Metropolitan Magistrate,

Bangalore, produced herewith as ANNEXURE-B;

and,

(ii) Consequently, quash the Complaint filed against

the Petitioners by the Respondent dated

20.09.2021 pending before the Learned V

Additional Chief Metropolitan Magistrate, Bangalore,

produced herewith as Annexure-C; and,

(iii) Pass such other orders/ directions as this Hon'ble

Court may deem fit in the facts and circumstances

of the case, in the interests of justice."

3. Learned counsel appearing for the petitioners would

submit that the issue in the lis stands covered by the judgment

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NC: 2026:KHC:21470

CRL.P No. 30 of 2026

HC-KAR

rendered by this Court in W.P.No.34537/2024 disposed on

18.12.2024, wherein it has held as follows:

"Petitioners are before this Court calling in question

proceedings in C.C.No.1383 of 2021, registered for

offence punishable under section 188 of the IPC and

under section 51(b) of the Disaster Management Act,

2005.

2. Heard the learned counsel Smt Sruti Chaganti

appearing for petitioners and Sri Rangaswamy R, learned

High Court Government Pleader appearing for

respondent/State.

3. Both the learned counsel would submit that the

issue in the lis stands answered by the judgments

rendered by this Court in Crl.P.No.3432 of 2023 disposed

on 07-07-2023 and in Crl.P.No.5053 of 2023 disposed on

28-07-2023, qua interpretation of Section 51(b) of the

Disaster Management At and Section 188 of the IPC.

4. This Court in Crl.P.No.3432 of 2023 disposed

on 07-07-2023 has held as follows:

“…. …. ….

7. The afore-narrated facts are not in

dispute. The issue lies in a narrow compass, as to

whether the learned Magistrate could have taken

cognizance of the offence under Section 51(b) of the Act.

To consider the said issue, it is germane to notice certain

provisions of the Act. Section 51 of the Act deals with

punishment for obstruction and reads as follows:

"51.