Smt Gretta Bai vs The State Of Karnataka
2023 Latest Caselaw 4479 Kant

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                                                    NC: 2023:KHC:24636
                                                     CRL.P No.5977 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.5977 OF 2023
               BETWEEN:

               1.    SMT GRETTA BAI
                     AGED 48 YEARS
                     W/O LEO CARNELEO
                     R/AT ASHRAYA HOUSE,
                     NEAR ADARSHA BAKERY,
                     AMBAGILU, SANTHEKATTE,
                     UDUPI 574111

               2.    MR LEO CARNELEO
                     S/O FX CARNELEO
                     AGED 55 YEARS
                     R/AT ASHRAYA HOUSE,
                     NEAR ADARSHA BAKERY,
Digitally signed     AMBAGILU, SANTHEKATTE,
by PADMAVATHI        UDUPI 574111
BK
                                                            ...PETITIONERS
Location: HIGH
COURT OF         (BY SRI P.P. HEGDE, SENIOR ADVOCATE
KARNATAKA         FOR SRI. SHARADI S SHETTY.,ADVOCATE)

               AND:

               1.    THE STATE OF KARNATAKA
                     UDUPI TOWN POLICE STATION,
                     UDUPI, UDUPI DISTRICT 576101
                     REPRESENTED BY SPP,
                     HIGH COURT OF KARNATAKA,
                     BENGALURU 560001
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                                     NC: 2023:KHC:24636
                                       CRL.P No.5977 of 2023




2.   MR PRAMOD KUMAR P
     AGED MAJOR
     FATHERS NAME NOT KNOWN
     POLICE INSPECTOR,
     UDUPI TOWN POLICE STATION,
     UDUPI DISTRICT 576101
     REPRESENTED BY SPP,
     HIGH COURT OF KARNATAKA,
     BENGALURU 560001
     NAME AND ADDRESS OF THE PETITIONER IS AS PER
     CHARGE SHEET
                                        ...RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP)

     THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH
THE CRIMINAL PROCEEDING IN C.C.NO.391/2022 (ARISING
OUT OF CR.NO.24/2022 OF UDUPI TOWN POLICE STATION)
PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE
AND CJM COURT, UDUPI FOR THE OFFENCE P/U/S 78(1) AND
78(3) OF THE KARNATAKA POLICE (AMENDMENT) ACT, 2021
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:24636 CRL.P No.5977 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:24636 CRL.P No.5977 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