Karnataka High Court
Pramod Karnam vs The State Of Karnataka on 24 March, 2026
1
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:
" ಷಯ:- ೋಷಪ ತ ಮತಪತ ಗಳನು ಮತ ಾರಂ
ಹಂ ಟು ಅಲ ದ ಅದನು ೕಳ!ವದ#ೆ$ %ೋದ&ೆ ಅ'ಾಚ)'ಾ *ೈದು
,ೕವದ ಭಯ *ೆದ #ೆ %ಾ ರುವ ಚು.ಾವ/ಾ ಅ0#ಾ ಯವರ ರುದ1
#ಾನೂನು ಕ ಮ ಜರ ಸುವ ಕು ತು.
ಈ 6ೕ7ಾ$89ದ ಷಯ#ೆ$ ಸಂಬಂ;9ದಂ<ೆ =ಾನ)ರವರ>
ನಂ?9#ೊಳ!@ವ ೆ.ೆಂದ&ೆ .ಾನು ಅAೆBೕಕ ತಂ ೆ Cಗಲಯ)
ಗು<ೆDೕ ಾರ ವಯಸುE 60, Fಾಃ ಇIಗ ಉಃ ಸ=ಾಜ Kೇ’ೆ %ಾಗೂ
‘ಾ)Lಾರ Kಾ: ಭೂಸನೂರ Mಾ ಮ <ಾಃ ಆಳಂದ ,ಃ ಕಲಬುರ
O’ಾ9ತOದುP .ಾನು ಸಹ#ಾ ಸಕ$&ೆ #ಾQಾR.ೆ OಯSತ
ಭೂಸನೂರ ಆಡUತ ಮಂಡUಯ O ೇRಶಕರ ಚು.ಾವ/ೆಯ
ಅಭ)WRXಾ ದುP, ;.ಾಂಕ 3.ೇ IKೆಂಬY 2025 ರಂದು ಕಲಬು R
ಪಟ ಣದ ಶ[&ಾಧ) ೇವKಾ]ನದ ಆವರಣದ> ಮತ ಾನ
ನ^ೆಯು?Dರುವ ಸಂದಭRದ> ಸಹ#ಾ ಸಕ$&ೆ #ಾQಾR.ೆ ಭೂಸನೂರ
ಇದರ ಎಂ.I.ಆ ರುವ ಸಂಜ` ಕಪ Y %ಾಗೂ ಚು.ಾವ/ೆ
ಅ0#ಾ ಯವ&ಾದ ಪ Cೕa ಕಣY◌ಂ ರವರು ಕೂI#ೊಂಡು
ಉ ೆPೕಶಪ ವRಕ’ಾ #ಾಂMೆ ೕc ಪdದ *ೆಂಬ>ತ LೆನeMೆ ಅನುಕೂಲ
=ಾI#ೊಡುವ ಉ ೆPೕಶ;ಂದ ೋಷಪ ತ ಮತಪತ ಗಳನು
ತXಾ 9 ನಮf ಮತ ಾರ Mೆ ಆ ೋಷಪ ತ ಮತ ಪತ ಗಳನು
ಸರಬ&ಾಜು =ಾIರುವದನು ಕ/ಾg&ೆ ಕಂಡ ನಮf *ೆಂಬ>ಗ&ಾದ
ಬಸವ&ಾಜ Lಾhೕಲ ಭೂಸನೂರ, ೕರಭದ ತಂ ೆ ಸ ಾiವ ಕಂ*ಾರ,
Aಾಂತಪj ತಂ ೆ ಸ ಾiವ ಕಂ*ಾರ Kಾಃ ಭೂಸನೂರ ಇವರು ಬಂದು
ನನMೆ %ೇU ಾಗ .ಾನು ಮ ಾ)ಹ 12.30 ಗಂkೆಯ ಸು=ಾ Mೆ ನಮf
ಸಹ#ಾ ಸಕ$&ೆ #ಾQಾR.ೆ ಎಂ.I. ಸಂಜ` ಕಪ Y ಇವರನು
ಪ i 9 ಾಗ ಚು.ಾವ/ೆ ಅ0#ಾ ಯವ&ಾದ ಪ Cೕa ಕಣY◌ಂ ಮಧ)
10
ಪ ‘ೇi9 ”ಏನ7ೇ Oೕ.ೇನು #ೇU?D, ಸೂmೆ ಮಗ.ೆ ಅಂತ
ಅ’ಾಚ)’ಾ *ೈ;ರು<ಾD&ೆ. ಅಲ ೆ Oೕ ೊಡn ಮನುಷ) ಇ;P ಏನು
ನನMೆ #ೇಳಲು ಬರು?DXಾ ಎಂದು ಏರು ಧoOಯ> ಅ’ಾಚ) ಶಬPಗUಂದ
*ೈಯು<ಾD ನನ 6ೕ7ೆ ಹ7ೆ =ಾಡು?Dರು’ಾಗ .ಾನು ತpj9#ೊಂIದುP
ಆಗ ಅವರು ಮಗ.ೆ OನMೆ ,ೕವ %ೊ^ೆಯು<ೆDೕ.ೆ. ಅಲ ೆ Oನ ನು pೕc
pೕc =ಾI %ಾಕು<ೆDೕ.ೆ, .ಾನು ಸರ#ಾ .ೌಕರ ಅ;ೕO, .ಾ
ಅಂದ&ೆ Oೕ.ೇನು ?U;;P ಎಂದು ಹ7ೆ =ಾIರು<ಾD.ೆ. ಇದನು ಮತ
ಚ7ಾವ/ೆMೆ ಬಂ;ರುವ ಮತ ಾರರು ಅದನು ಗಮO9ರು<ಾD&ೆ. ನಮf
ಸಹ#ಾ ಸಕ$&ೆ #ಾQಾR.ೆ ಚು.ಾವ/ೆಯ ಅ0ಕೃತ ಮತ ಾರರ
ಪh ಯು ಕೂಡ #ಾಂMೆ c ಪdದ ಪರ’ಾ ಇರುವಂ<ೆ ಮತುD Fೆp
ಪdದ ಪರ ಇರುವಂತಹ ಮತ ಾರರ %ೆಸರನು ಅ0ಕೃತ ಮತ ಾರರ
ಪh ಯ> ಇರ ೇ ಇರುವtದು #ೇU ಾಗ “ಏ ಇ ೇ ತರಹ .ಾನು
ಚು.ಾವ/ೆ =ಾಡು<ೆDೕ.ೆ. Oೕ.ೇನು =ಾI#ೊಳ!@?D =ಾI#ೋ %ೋಗು
*ೋಸI ಮಗ.ೆ, ಎಂದು ಅ’ಾಚ) ಪದಗUಂದ *ೈದು #ೈuಂದ
%ೊ^ೆ, ಬ^ೆ =ಾಡು?Dರು’ಾಗ ನಮf ರುದ1 ಪd’ಾದ #ಾಂಗ c ಪd
*ೆಂಬ>ತ ಅಭ)WRಗಳ! ಮತುD #ಾಂMೆ c ಪd *ೆಂಬ>ತ Lೆ.ೆe ಪರ
ಇದP ನೂ&ಾರು ಜನರು Kೇ ನಮMೆ %ೊ^ೆಯಲು ಬಂ ಾಗ .ಾನು ನನ
,ೕವ ಉU9#ೊಳ@ಲು ,ೕವಭಯ;ಂದ %ೊರಗ^ೆ ಓI –
%ೋ ರು<ೆDೕ.ೆ: #ಾದ Fೆp ಪd *ೆಂಬ>ಗ ಂದ ರd/ೆ ಪ^ೆ ೆ .ಾನು
%ೊರಗ^ೆ ಬಂ;ರು<ೆDೕ.ೆ. ಒಂದು ‘ೇmೆ .ಾನು ಅ7ೆ ಇದP&ೆ ನನ
ಖ7ಾಸ =ಾ^ೆ ಡು?Dದರು. ಈ ಷಯವನು ನಮf Fೆp
*ೆಂಬಲಗರ Fೊ<ೆ =ಾತ.ಾI#ೊಂಡು ಮತುD ಚyೆR =ಾI#ೊಂಡು
ತಡ’ಾ ಬಂದು ದೂರು Oೕಡು?D ೆ.ೆ.
#ಾರಣ ದXಾಳ!ಗmಾದ <ಾವt .ಾನು %ೇUದ ಚು.ಾವ/ಾ0#ಾ
ಪ Cೕದ ಕಣR೦, ಎc.ಎc.#ೆ.ಎ{. %ಾಗೂ ಎಂ.I.
ಸಂಜಯಕು=ಾರ ಇವರ 6ೕ7ೆ #ಾನೂನು ಪ #ಾರ ಸೂಕD ಕ ಮ
#ೈ#ೋಳ@ಲು =ಾನ)ರವರ> ನಂ?.”
11
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)
JUDGEmsr