Pramod Karnam vs The State Of Karnataka on 24 March, 2026

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    Karnataka High Court

    Pramod Karnam vs The State Of Karnataka on 24 March, 2026

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                                    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

    SPONSORED

    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.
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    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:

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    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)
    JUDGE

    msr



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