C Mallikarjun @ Malli vs State Of Karnataka
2022 Latest Caselaw 8752 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 14TH DAY OF JUNE, 2022

                         BEFORE

         THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

             CRIMINAL PETITION No.5303 OF 2022

BETWEEN:

C.MALLIKARJUN @ MALLI
S/O CHANDRASHEKAR
AGED ABOUT 29 YEARS
VIVEKANANDA SCHOOL ROAD
6TH CROSS, 2ND BUILDING
BENGALURU RURAL
BENGALURU - 562 114.
                                                 ... PETITIONER
(BY SRI PRASAD HIREMATH, ADVOCATE)

AND:

STATE OF KARNATAKA
BY HOSKOTE POLICE STATION
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT
BENGALURU - 560 001.
                                            ... RESPONDENT
(BY SMT.K.P.YASHODHA,HCGP)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE FIR AND COMPLAINT IN
CR.NO.151/2022 REGISTERED BY HOSKOTE POLICE PENDING ON
THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC HOSKOTE
FOR THE OFFENCE P/U/S.78(3) OF KARNATAKA POLICE
(AMENDMENT) ACT 2021.
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     THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

Petitioner in this petition calls in question proceedings in

Crime No.151/2022 registered for offence punishable under

Section 78(3) of the Karnataka Police (Amendment), Act, 2021

(for short 'the Act').

2. Heard Sri Prasad Hiremath, learned counsel appearing

for the petitioner and Smt. K.P.Yashodha, learned High Court

Government Pleader for the respondent - State.

3. The case as projected by the prosecution is that, on

13.05.2022, in the evening at 4.15 p.m., a PSI of the respondent

- police station - complainant received a information that near

Nidhaghtta gate, Jadigenahalli Hobli, Hosakote, two people in a

Car were engaged in online cricket betting and were contacts

with the customer through mobile and What's App and were

involved in money transactions, which amounted to gambling.

On the said incident, a crime was registered for offence

punishable under Section 78(3) of the Act.

4. Learned counsel for the petitioner submits that accused

Nos.1 and 2 in the very same crime No.151/2022 filed

Crl.P.No.5029/2022 before this Court. This Court by an order

dated 08.06.2022, allowed the petition and the proceedings were

quashed only against the petitioners therein. Therefore, on the

ground of parity he submits that this criminal petition may be

allowed by quashing the proceedings impugned herein.

5. Karnataka Police (Amendment) Act, 2021 made certain

offences cognizable. Section 78(3) of the Act was one of them

and therefore, the FIR could be registered without following the

procedure stipulated under Section 155 of the Cr.P.C.

6. The said amendment was called in question before this

Court in W.P.No.18703/2021 and connected cases. Those

amendments were struck down by the Division Bench in terms

of its order dated 14.02.2022 to be unconstitutional. The

judgment was rendered on 14.02.2022 and the subject FIR is

registered on 13.05.2022. Therefore, the FIR being registered

under the amending Act of 2021, which had already been

declared to be unconstitutional, is rendered unsustainable and

therefore, the petition deserves to be allowed only on the

aforesaid ground.

7. For the aforesaid reasons, the following:

ORDER

(i) The Criminal Petition is allowed.

(ii) The impugned proceedings in Crime No.151/2022

registered by the Hosakote Police, stand quashed.

Sd/-

JUDGE

nvj CT:MJ