Karnataka High Court
Ramakrishna Alias Ramaki Jituri vs The State Of Karnataka on 4 July, 2023
Bench: V.Srishananda
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NC: 2023:KHC-D:6663
CRL.P No. 101341 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 101341 OF 2023
BETWEEN:
1. RAMAKRISHNA @RAMAKI JITURI
S/O: VITTALASA, AGE: 34 YEARS,
OCC: LABORER, R/O: HUBLI KESHWAPUR
AMBIKA NAGAR, NEAR PRASANNA
GANAPATHI TEMPLE,
DHARWAD -580023.
2. RAKESH BAKALE S/O. PRAKASH,
AGE: 25 YEARS, OCC: LABORER,
R/O: YALLAPUR ONI KULKARNI GALLI,
OPP.SHRINTRIYAVARA HOUSE HUBBALLI,
DHARWAD DIST -580023.
CHANDRASHEKAR 3. MAHAVEER MADAR S/O. MARIYAPPA,
LAXMAN AGE: 22 YEARS, OCC: LABORER,
KATTIMANI
R/O: HUBLI KARKI BASAVESHWAR NAGAR,
2ND CROSS, 5TH HOUSE,
Digitally signed by
CHANDRASHEKAR DHARWAD -580023.
LAXMAN KATTIMANI
Date: 2023.07.05
11:53:15 -0700 4. SACHIN BASAVA S/O. KRISHNAPPA,
AGE: 22 YEARS . OCC: LABORER,
R/O: HUBBALLI KAMARIPETH 3RD CROSS,
NEAR BHARATHI BUILDING,
DHARWAD -580023.
5. MANJUNATH JARATAGHAR S/O. TULAJAPPA,
AGE: 40 YEARS . OCC: LABORER,
R/O: HUBBALLI CHANNAPETH OLD HUBBALLI,
VITTALPETH NEAR SSK KALYAN MANTAPA,
DHARWAD -580023.
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CRL.P No. 101341 of 2023
6. NARAYAN DONGADI S/O. NARASIMHA,
AGE: 27 YEARS . OCC: LABORER,
R/O: HUBBALLI BHAMMAPUR ONI,
DAGAPPA CIRCLE BEHIND BASAVANA TEMPLE,
DHARWAD -580023.
7. DHANARAJ LATAVA S/O. RENUKANTHASA,
AGE: 22 YEARS . OCC: LABORER,
R/O: HUBBALLI RN SHETTY ROAD,
BHARATHI NAGAR OLD HUBBALLI,
NEAR ORIENTA SCHOOL,
DHARWAD -580023.
8. RAJESAB NARAGUND S/O. ALLABHAKSHA,
AGE: 36YEARS . OCC: LABORER,
R/O: KESHAVAPURA AJAD COLONY,
GOLI GALLI, PRESENT HUBBALLI BANTI KATTI
SADUNGAR 1ST CROSS,
DHARWAD- 580023.
9. VINAYAK KATAVE S/O. VIJAYASA,
AGE: 36 YEARS . OCC: LABORER,
R/O: HUBBALLI ARALIKATTI ONI,
NEAR HANUMANTHA TEMPLE,
DHARWAD- 580023.
10. SHANKAR @DEVAGAN WALMIKI
S/O. NARASAPPA, AGE: 44 YEARS,
OCC: LABORER, R/O: HUBBALLI,
MARUTHI NAGAR OLD NEKAR NAGAR,
OPP KHADRI HOSPITAL,
DHARWAD -580023.
11. BASKARA @VINAYAK MAITRANI S/O. KRISHNASA,
AGE: 36 YEARS, OCC: COMPUTER PROFESSIONAL,
R/O: HUBBALLI BAKALE GALLI,
NEAR GANESHA TEMPLE,
DHARWAD -580023.
12. GANU @KIRAN MEHARAWADE S/O. SHANKARASA,
AGE: 37 YEARS, OCC: BUSINESS,
R/O: HUBBALLI ARAVIND NAGAR,
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CRL.P No. 101341 of 2023
OLD HUBBALLI, NEAR JEEVESHWARA
GIRLS HIGH SCHOOL,
DHARWAD -580023.
...PETITIONERS
(BY SRI. B. ANWAR BASHA, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
(THROUGH RURAL PS DHARWAD)
REP BY ITS SPP,
HIGH COURT OF KARNATAKA, BENCH,
DHARWAD -580001.
...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO. 468/2018 BEFORE II ADDL. CIVIL JUDGE AND JMFC II
AT DHARWAD (ARISING OUT OF CRIME NO. 209/2017)
REGISTERED BY RURAL PS DHARWAD FOR AN OFFENCE
P/U/SEC. 78(1) (a) (vi) OF KARNATAKA POLICE ACT 1963 BY
ALLOWING THE CRIMINAL PETITION IN SO FAR AS THIS
PETITIONERS/ACCUSED NO. 1 TO 12 ARE CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri. B. Anwar Basha, learned counsel for
petitioners and Smt. Girija S. Hiremath, learned High
Court Government Pleader for respondent-State.
2. The present petition is filed under Section 482
of Cr.P.C. with the following prayer:
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CRL.P No. 101341 of 2023
"Wherefore the petitioners/accused Nos.1 to
12 respectfully prays that this Hon'ble Court may
be pleased to quash the entire proceedings in C.C.
No.468/2018 before learned II Additional Civil
Judge & JMFC - II, at Dharwad (arising out of
Crime No.209/2017) registered by Rural P.S.,
Dharwad for an offence punishable U/S.78(1)(a) of
Karnataka Police Act, 1963 by allowing the Criminal
Petition insofar as these petitioners/Accused Nos.1
to 12 are concerned, in the interest of Justice."
3. Brief facts of the case are as under:
The P.S.I of Rural Police Station, Dharwad received a
credible information that in Itagatti village at public place
some unknown people are indulging in playing 'Cricket
Betting'. Accordingly, a raid team was formed and raided
the said place and found that accused/persons were
involved in playing 'Cricket Betting' and accordingly they
apprehended them and seized some articles which were
used in playing 'Cricket Betting' and registered a case
under Section 78(1)(a) of K.P. Act, 1963 and investigated
the matter and filed charge sheet.
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CRL.P No. 101341 of 2023
4. Petitioners challenged the said action by
contending that admittedly the offence punishable under
Section 78 of K.P. Act is non cognizable offence and Head
of Raid party or police have not complied Section 155(2)
of Cr.P.C. before registration of the case and therefore
very registration of the case and investigation of the same
and filing of the charge sheet is illegal.
5. In view of the authorative judgment in the case
of Vaggeppa Gurulinga Jangaligi Vs. State of Karnataka
reported in ILR 2020 KAR 630 and in the case of Eraiah
and Others Vs. State of Karantaka reported in 1977(1)
KAR.L.J, the action on the part of police cannot be
countenanced in law.
6. However, learned High Court Government
Pleader supports the registration of the case and filing of
charge sheet stating that it is only formality.
7. In view of the rival contentions, this Court
perused the material on record meticulously.
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CRL.P No. 101341 of 2023
8. On such perusal, it is seen that admittedly the
offence alleged against the petitioners are non cognizable
in nature and therefore the Head of the Raid party was
required to follow the procedure as it requires under
Section 155 of Cr.P.C. and had to obtain necessary
permission before proceeding to register the case.
9. Since the Head of Raid party has not done so,
registering the case and filing of charge sheet has
rendered illegal whereby calling for interference by this
Court under Section 482 of Cr.P.C.
10. Hence, the following order is passed:
ORDER
Petition is allowed.
The entire proceedings in C.C.No.468/2018
pending on the file of learned II Additional Civil
Judge and JMFC II, Dharwad for the offence
punishable under Section 78(1)(a) of K.P. Act,
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CRL.P No. 101341 of 2023
1963 as against the petitioners/accused Nos.1 to
12 are hereby quashed.
Ordered accordingly.
Sd/-
JUDGE
SMM
