Manjunath S/O Premnathsa Kabade vs The State Of Karnataka
2023 Latest Caselaw 5400 Kant

Citation : 2023 Latest Caselaw 5400 Kant
Judgement Date : 8 August, 2023

Karnataka High Court

Manjunath S/O Premnathsa Kabade vs The State Of Karnataka on 8 August, 2023

Bench: M.Nagaprasannapresided Bymnpj

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                                                          NC: 2023:KHC-D:8513
                                                          CRL.P No. 101547 of 2023




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 8TH DAY OF AUGUST, 2023

                                                 BEFORE

                              THE HON'BLE MR JUSTICE M.NAGAPRASANNA

                             CRIMINAL PETITION NO. 101547 OF 2023 (482)

                      BETWEEN:

                      1.   MANJUNATH S/O PREMNATHSA KABADE,
                           AGE. 25 YEARS, OCC. PRIVATE BUSINESS,
                           R/AT. PRASHANT NAGAR,
                           NEAR GANAPATI GUDI,
                           HEGGERI, OLD HUBBALLI,
                           DIST. DHARWAD-580024.

                      2.   NINGUSA @ MYLARI S/O KRISHNA HABIB,
                           AGE. 60 YEARS, OCC. PRIVATE BUSINESS,
                           R/AT. PRASHANT NAGAR,
                           NEAR GANAPATI GUDI,
                           HEGGERI, OLD HUBBALLI,
                           DIST. DHARWAD-580024.
                                                                     ... PETITIONERS
                      (BY SRI. GOURISHANKAR H. MOT, ADVOCATE)

VISHAL                AND:
NINGAPPA
                      THE STATE OF KARNATAKA,
PATTIHAL              HUBBALLI SUB-URBAN POLICE STATION,
Digitally signed by   HUBBALLI, R/BY ITS STATE PUBLIC PROSECUTOR,
VISHAL NINGAPPA       HIGH COURT OF KARNATAKA, DHARWAD BENCH,
PATTIHAL
                      AT. DHARWAD.
Date: 2023.08.09
11:23:44 +0530                                                       ... RESPONDENT
                      (BY SRI. V S KALASURMATH, HCGP)

                           THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
                      SEEKING TO QUASH THE COGNIZANCE AGAINST THE ACCUSED
                      NO.1 AND 2/ PETITIONERS IN HUBBALLI SUB URBAN PS CRIME NO.
                      59/2023 WHICH IS REGISTERED IN C.C.NO. 4175/2023 ON THE FILE
                      OF PRINCIPAL CIVIL JUDGE AND JMFC COURT (JR.DN) AT HUBBALLI
                      FOR THE OFFENCE P/U/SEC. 78(3) OF K.P. ACT.
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                                                NC: 2023:KHC-D:8513
                                                CRL.P No. 101547 of 2023




     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:


                                     ORDER

Petitioners in this petition calls in question

proceedings in CC.No.4175/2023 registered for offence

punishable under Section 78(3) of the Karnataka Police

(Amendment), Act, 2021 (for short 'the Act').

2. Heard Sri Gourishankar H Mot, learned counsel

appearing for the petitioners and Sri.V.S.Kalasurmath,

learned High Court Government Pleader for the respondent -

State.

3. Learned counsel for petitioners submits that issue

in the lis stands covered by the judgment rendered by the

Co-ordinate Bench of this Court in Criminal Petition

No.5303 of 2022, disposed of on 14.6.2022. The Co-ordinate

Bench has held as follows:

ORDER

Petitioner in this petition calls in question proceedings in Crime No.151/2022 registered for offence

NC: 2023:KHC-D:8513 CRL.P No. 101547 of 2023

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.

NC: 2023:KHC-D:8513 CRL.P No. 101547 of 2023

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.

7. In the light of the order passed by the Co-ordinate

Bench of this Court, which covers the case at hand on all its

fours, the following: