Mr Leo Carnello vs The State Of Karnataka
2023 Latest Caselaw 4478 Kant

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                                                NC: 2023:KHC:24635
                                                 CRL.P No.5980 of 2023




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 14TH DAY OF JULY, 2023

                                     BEFORE
                    THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                       CRIMINAL PETITION NO.5980 OF 2023
             BETWEEN:

             1.    MR LEO CARNELLO
                   S/O KLARENCE CARNELEO
                   AGED 55 YEARS
                   R/AT ASHRAYA HOUSE
                   NEAR ADARSHA BAKERY
                   ABAGILU
                   SANTHEKATTE, UDUPI 574111

             2.     GRETTA BAI
                    AGED48 YEARS
                    W/O LEO CARNELEO
                    R/AT ASHRAYA HOUSE
                    NEAR ADARSHA BAKERY
Digitally signed by ABAGILU
PADMAVATHI B K
                    SANTHEKATTE
Location: HIGH
COURT OF            UDUPI 574111
KARNATAKA                                               ...PETITIONERS
             (BY SRI P.P. HEGEDE, SENIOR ADVOCATE
              FOR SRI. SHARADI S SHETTY., ADVOCATE)
             AND:

             1.    THE STATE OF KARNATAKA
                   UDUPI TOWN POLICE STATION
                   UDUPI
                   UDUPI DISTRICT 576101
                   REP BY SPP
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                                     NC: 2023:KHC:24635
                                       CRL.P No.5980 of 2023




     HIGH COURT OF KARNATAKA
     BENGALURU 560001

2.   MR PRASAD KUMAR K
     PSI
     UDUPI TOWN POLICE STATION
     UDUPI DISTRICT 576101
     REP BY SPP
     HIGH COURT OF KARNATAKA
     BENGALURU 560001
                                             ...RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP)

     THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE CRIMINAL PROCEEDING IN C.C.NO.866/2022
(ARISING OUT OF CR.NO.116/2022 OF UDUPI TOWN P.S)
PENDING ON THE FILE OF PRL.SENIOR CIVIL JUDGE AND CJM
COURT, UDUPI FOR THE OFFENCE P/U/S 78(1) AND 78(3) OF
THE KARNATAKA POLICE (AMENDMENT) ACT AGAINST THE
PETITIONER.

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

Heard Sri P.P. Hegde, learned Senior Counsel appearing

for the petitioners and the learned High Court Government

Pleader for the respondent-State.

2. What is called in question in the case at hand is the

registration of a crime for offences punishable under Section

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

Amendment Act became the subject matter of challenge before

NC: 2023:KHC:24635 CRL.P No.5980 of 2023

the Division Bench in ALL INDIA GAMING FEDERATION v.

STATE OF KARNATAKA AND ANOTHER. The Division Bench in

its order dated 14th February, 2022 has quashed the

Amendment by holding it to be unconstitutional. The said

finding rendered is reported in 2022 SCC ONLINE KAR. 435.

"In the above circumstances, these writ petitions succeed:

1. The provisions of Sections 2, 3, 6, 8 & 9 of the Karnataka Police (Amendment) Act 2021 i.e., Karnataka Act No.28 of 2021 are declared to be ultra vires the Constitution of India in their entirety and accordingly are struck down.

2. The consequences of striking down of the subject provisions of the Karnataka Police (Amendment) Act 2021 i.e., Karnataka Act No.28 of 2021 shall follow. However, nothing in this judgment shall be construed to prevent an appropriate legislation being brought about concerning the subject i.e., 'Betting & gambling' in accordance with provisions of the Constitution.

3. A Writ of Mandamus is issued restraining the respondents from interfering with the online gaming business and allied activities of the petitioners."

NC: 2023:KHC:24635 CRL.P No.5980 of 2023

3. In the light of the division Bench holding the very

amendment to the Karnataka Police Act to be unconstitutional

and setting it at naught, the crime that is registered in the case

at hand which is for Section 78(3) of the Karnataka Police

(Amendment) Act, 2021, would tumble down. For the

aforesaid reasons, in the light of the very provisions under

which the petitioners are now wanting to be hauled into the

web of crime having been set at naught, I deem it appropriate

to obliterate the proceedings against the petitioners. For the

aforesaid reasons, the following:

ORDER

1. Criminal Petition allowed;

2. Proceeding in C.C.No.866/2022 arising out of Cr.No.116/2022 of Udupi Town Police Station pending on the file of Principal Senior Civil Judge and CJM Court, Udupi, is quashed.

Sd/-

JUDGE

LNN