Case Note & Summary
The petitioners, Sri B S Suresh (a sitting MLA from Hebbala Constituency) and Sri Pradoosh Dhanraj, were accused in C.C.No.56902/2019 for offences under Section 285 of the Indian Penal Code (IPC) and Section 25 of the Karnataka Fire Force Act, 1964. The case arose from an incident where a fire broke out at a building in Indiranagar, Bengaluru. The petitioners allegedly entered the fire station and obstructed fire service personnel. The petitioners filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the proceedings. The High Court of Karnataka at Bengaluru, presided by Justice M. Nagaprasanna, heard the matter. The court noted that the first petitioner was a sitting MLA and thus a public servant. The court held that the acts alleged were in discharge of official duties as the MLA was inspecting the fire incident. Therefore, prior sanction under Section 197 CrPC was required before prosecution. Since no such sanction was obtained, the proceedings were quashed. The court also observed that the allegations did not make out the ingredients of Section 285 IPC or Section 25 of the Karnataka Fire Force Act. The petition was allowed, and the entire proceedings in C.C.No.56902/2019 were quashed.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Public Servant - A sitting Member of Legislative Assembly (MLA) is a public servant entitled to protection under Section 197 CrPC. Prosecution for offences under Section 285 IPC and Section 25 of Karnataka Fire Force Act, 1964 without prior sanction is not maintainable. Held that the acts alleged were in discharge of official duties as the MLA was inspecting a fire incident. (Paras 1-10) B) Indian Penal Code - Negligent Conduct with Fire - Section 285 IPC - Applicability - The offence under Section 285 IPC requires negligent or malicious conduct causing danger to human life. In the absence of any such conduct, mere presence at the scene does not attract the offence. Held that the allegations do not make out the ingredients of Section 285 IPC. (Paras 3-8) C) Karnataka Fire Force Act, 1964 - Obstruction of Fire Service Personnel - Section 25 - The section penalizes obstruction of fire service personnel in discharge of duties. No allegation of obstruction was made against the petitioners. Held that the charge under Section 25 is not made out. (Paras 3-8)
Issue of Consideration
Whether criminal proceedings against a sitting MLA and another accused for offences under Section 285 IPC and Section 25 of Karnataka Fire Force Act, 1964 can be quashed for want of sanction under Section 197 CrPC?
Final Decision
The petition is allowed. The entire proceedings in C.C.No.56902/2019 pending on the file of the X ACMM at Mayo Hall, Bengaluru City, for the offence punishable under Section 285 of IPC and Section 25 of Karnataka Fire Force Act, 1964, insofar as the petitioners are concerned, are quashed.
Law Points
- Section 197 CrPC requires prior sanction for prosecution of public servants for acts done in discharge of official duties
- Section 285 IPC deals with negligent conduct with respect to fire or combustible matter
- Section 25 of Karnataka Fire Force Act
- 1964 penalizes obstruction of fire service personnel
