Karnataka High Court
G Purushotham vs The State Of Karnataka By on 23 May, 2022
Bench: M.Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.3845 OF 2022
BETWEEN:
1. G.PURUSHOTHAM
S/O LATE CHANNAKESHAVALU,
AGED ABOUT 42 YEARS,
RESIDING AT
NAVODAYA VASATHI GRUHA,
LEPAKSHI MANDALAM,
HINDUPURA TALUK,
ANANTHAPURA DISTRICT - 515 331.
2. NADISH @ NANDEESWARA
S/O N.RAMAKRISHNA,
AGED ABOUT 42 YEARS,
RESIDING AT RADDAM VILLAGE,
AND MANDALAM,
PENUGONDA TALUK,
ANANTHAPURA DISTRICT - 515 123.
3. MADHUSUDAN REDDY
S/O B.N.RAMANJIREDDY,
AGED ABOUT 49 YEARS
RESIDING AT KANCHISAMUDRAM
VILLAGE, LEPAKSHI MANDALAM
HINDUPUR TALUK,
ANANTHAPURA DISTRICT - 515 201.
4. PRAKASH REDDY K.,
S/O RAJASHEKAR REDDY
AGED ABOUT 45 YEARS
2
RESIDING AT NALLACHERU
VILLAGE AND MANDALAM,
KADHIRI TALUK,
ANANTHAPURA DISTRICT - 515 201.
5. CHANDRA MOHAN S.,
S/O LATE RAJANAYAK,
AGED ABOUT 51 YEARS,
RESIDING AT ONTIPALYAM
VILLAGE, AREPET VEEDHI,
MADAKASHIRA MANDALAM,
ANANTHAPURA DISTRICT - 515 201.
6. ANIL KUMAR R.,
S/O LATE SATHYANARAYANA,
AGED ABOUT 52 YEARS,
RESIDING AT WARD NO.26,
MELAPURA, HINDUPURA TOWN,
ANANTHAPURA DISTRICT - 515 201.
7. M.NAGABHUSHAN
S/O LATE BHEEMAPPA M.,
AGED ABOUT 64 YEARS
RESIDING AT NO.5-1-71
D.R.COLONY,
HINDUPURA TOWN,
ANANTHAPURA DISTRICT - 515 201.
8. N.RANGADHAMA REDDY
S/O LATE N.GOVINDAREDDY,
AGED ABOUT 51 YEARS,
RESIDING AT NO.21-6-81/1
TEACHERS COLONY
HINDPURA TOWN
ANANTHAPURA DISTRICT - 515 211.
9. D.NARASIMHA MURTHY
S/O LATE DEVARAJA,
AGED ABOUT 45 YEARS,
RESIDING AT KYAKATHI VILLAGE,
3
GUDIBANDE MANDALAM,
MADAKSHIRA TALUK,
ANANTHAPURA DISTRICT - 515 305.
... PETITIONERS
(BY SRI PRAVEEN C.P., ADVOCATE)
AND:
THE STATE OF KARNATAKA BY
GOWRIBIDANUR RURAL POLICE STATION,
CHIKKABALAPURA DISTRICT,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU - 560 001.
... RESPONDENT
(BY SRI K.S.ABHIJITH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE FIR AND COMPLAINT ON THE
FILE OF PRL.CIVIL JUDGE (JR. DN) AND J.M.F.C COURT,
GUDIBANDE, CHIKKABALLAPURA REGISTERED BY
GOWRIBIDANUR RURAL POLICE, CHIKKABALLAPURA DISTRICT IN
CR.NO.68/2022 FOR THE OFFENCE P/U/S 80 OF KARNATAKA
POLICE (AMENDMENT) ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners in this petition call in question proceedings in
Crime No.68/2022 registered for offence punishable under
Section 80 of the Karnataka Police (Amendment), Act, 2021.
2. Heard the learned Senior Counsel Sri.Praveen.C.P.,
appearing for the petitioners and Sri.K.S.Abhijith, learned High
Court Government Pleader for the State.
3. The case as projected by the prosecution is that on
20.03.2022 at 3.00 p.m. the complainant and his staff gathered
information regarding illegal activities at Gowribidanur taluk
and on the basis of the said credible information, searched BSR
Comforts Boarding and Lodging at Nagaragere village where
some persons were playing andar-bahar which amounted to
gambling. On the said incident, a crime was registered for
offence punishable under Section 80 of the Karnataka Police
(Amendment) Act, 2021.
4. Karnataka Police (Amendment) Act, 2021 made certain
offences cognizable. Section 80 was one of them and therefore,
the FIR could be registered without following the procedure
stipulated under Section 155 of the Cr.P.C.
5. 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, holding them to be
unconstitutional. The judgment was rendered on 14.02.2022
and the subject FIR is registered on 20.03.2022. 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.
6. For the aforesaid reasons, the following:
ORDER
(i) Criminal Petition is allowed.
(ii) The impugned proceedings in Crime No.68/2022 on
the file of Principal Civil Judge (Jr.Dn.) and JMFC,
Chikkaballapura District stand quashed.
(iii) Liberty is reserved to the respondent to initiate such
proceedings strictly in accordance with law.
I.A.No.1/2022 stands disposed, as a consequence.
Sd/-
JUDGE
bkp
CT:MJ
