Authority: High Court of Karnataka at Bengaluru

Order Date: 9 October 2026

Case Overview

  • Parties: petitioner C. Mohammed Kaleemulla (ex‑Commissioner, City Municipal Council, Krishnarajapuram) vs respondent Karnataka State Pollution Control Board (Regional Office, Bengaluru East‑1).
  • Petition filed under Section 482 of the Criminal Procedure Code seeking quash of criminal prosecution (C.C. No.1101/2006 dated 27‑11‑2006) before Metropolitan Magistrate (Traffic Court‑1), Mayo Hall, Bangalore, under Section 49 of the Water (Prevention and Control of Pollution) Act, 1974.
  • Allegations: seven accused, including petitioner, failed to obtain consent after 30‑06‑2006, did not provide sewage treatment plant (STP) and underground drainage, discharged untreated sewage into ponds, lakes and valleys, violating Section 25 of the Act, punishable under Section 44.
  • Petitioner’s defence: held the post of Commissioner for only 13 days (18‑05‑2006 to 31‑05‑2006), was not residing at official address, suffered paralytic stroke, relied on earlier judgments (Crl.P. Nos.2627/2012, 1537/2011, 1010/2011 and W.P. No.30610/2008) that had quashed proceedings against other co‑accused.
  • Respondent’s argument: consent granted on 03‑11‑2005 expired on 30‑06‑2006, no application for renewal filed, condition to install STP within six months not complied, continuous discharge of untreated sewage continued, constituting violation of Section 25.
  • Court’s analysis: noted that consent expiry and lack of STP applied to period of petitioner; referenced Apex Court decision in Karnataka State Pollution Control Board v. B. Heera Naik (2020) 16 SCC 298 which set aside earlier quashing and affirmed magistrate’s cognizance; held that Section 49 does not require prior sanction under Section 197 CrPC; rejected petitioner’s contentions and found no ground to exercise power under Section 482.

Final Outcome

  • The petition is dismissed; the criminal prosecution under the Water (Prevention and Control of Pollution) Act proceeds.

Topics: Water Pollution; Environmental Law