Karnataka HC Refuses To Quash Case Against CM Siddaramaiah For Alleged Illegal March In 2022, Directs Him To Appear Before Special Court

The Karnataka High Court on Tuesday dismissed a petition filed by Chief Minister Siddaramaiah, Congress' State incharge Randeep Singh Surjewala, and legislators Ramalinga Reddy and MB Patil, seeking to quash a criminal case registered against them in 2022 for alleged illegal march towards the residence of then Chief Minister Basavaraj Bommai, shouting slogans and demanding the resignation of KS Eshwarappa, then Minister.

A single judge bench of Justice Krishna S Dixit dismissed the petition filed by the accused and directed Siddaramiah to appear before the Special Court on February,26. Further, it imposed Rs. 10,000 cost on each of the petitioners for arraying the police officer as party respondent in her personal capacity.

Pronouncing the judgment, the court said, “I have considered all contentions raised by the parties. Reference is made to one American court judgment and three 3 judgments of the Apex court and considered section 155 (3). Accordingly, all the petitions are dismissed. I have fixed a specific date for each of the petitioners to remain present before the court below. There should not be galata; they should go and seek orders from the trial judge."

Further it said, “Mr Siddaramaih shall appear before the court on March 6. Surjewal shall appear before the court below on March 7. MB Patil shall appear on March 11. Ramalinga Reddy on March 15 and seek further orders. In the event the legislature session intervenes it is open for the learned judge below to alter the date of appearance."

The court also rejected the petitioners' request for stay on the judgment to enable them to file an appeal. It observed,

“If they abide by law rest of the people will abide by law. I have used one sentence from English Literature–Prime Minister and Postman in criminal law stand on similar footing. So because going on public roads during day time in Bengaluru it creates havoc to the people and the police officer said, don't do it.”

It is alleged that on April 14, 2022, a group of 35-40 members under the leadership of the Surjewala, DK Shivakumar and Siddaramaiah entered the public road towards CM residence, shouting slogans demanding the resignation of then Minister KS Eshwarappa. They were booked for unlawful assembly under Section 143 IPC and under Section 103 of the Karnataka Police Act, 1963.

The plea filed by Siddaramaiah alleged that the action of Police "reeks of malafide, persecution and vindictiveness" against him and the initiation of criminal proceedings is designed to humiliate him. He also claimed that the allegation of prosecution that petitioners violated High Court's order refusing permission for protest at any place in Bengaluru other than Freedom Park was passed on August 1 2022 whereas their protest was held on April 14 2022. Thus, it was submitted that the prosecution case "suffers from total non application of mind and is baseless".

Significant to note that on March 3 2022, the High Court had passed an interim order directing the state government to ensure that no protest, processions, etc. are held in Bengaluru except at the Freedom Park, by ensuring that traffic in the city is not adversely affected.

Case Title: Siddaramaiah AND State of Karnataka

Case No: CRL.P 7533/2023

Citation No: 2024 LiveLaw (Kar) 61

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