Karnataka High Court
Mr Leo Carnello vs The State Of Karnataka on 14 July, 2023
Bench: M.Nagaprasanna
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NC: 2023:KHC:24639
CRL.P No.5881 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.5881 OF 2023
BETWEEN:
MR LEO CARNELLO
S/O. F.X CARNELEO
AGE 53 YEARS
R/AT ASHRAYA HOUSE,
NEAR ADARSHA BAKERY,
AMBAGILU, SANTHEKATTE,
UDUPI-574111
...PETITIONER
(BY SRI P.P. HEGDE, SR. ADVOCATE
FOR SRI. SHARADI S SHETTY.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed
by PADMAVATHI UDUPI TOWN POLICE STATION,
BK UDUPI, UDUPI DISTRICT- 576101
Location: HIGH
COURT OF
KARNATAKA 2. MR. VIJAY C
AGED MAJOR,
FATHERS NAME NOT KNOWN
ASI, UDUPI TOWN POLICE
STATION, UDUPI DISTRICT - 576101
BOTH ARE REPRESENTED BY SPP
HIGH COURT OF KARNTAKA,
BENGALURU - 560001
...RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP)
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NC: 2023:KHC:24639
CRL.P No.5881 of 2023
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH
THE CRIMINAL PROCEEDING IN C.C.NO.888/2022 (ARISING
OUT OF CR.NO.122/2022 OF UDUPI TOWN POLICE STATION)
PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE
AND CJM COURT, UDUPI FOR THE OFFENCES P/U/S 78(1) AND
78(3) OF THE KARNATAKA POLICE ACT, 1963 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 petitioner 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
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:
NC: 2023:KHC:24639
CRL.P No.5881 of 2023
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."
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 petitioner is now wanting to be hauled into the web
of crime having been set at naught, I deem it appropriate to
NC: 2023:KHC:24639
CRL.P No.5881 of 2023
obliterate the proceedings against the petitioner. For the
aforesaid reasons, the following:
ORDER
1. Criminal Petition allowed;
2. Proceeding in C.C.No.888/2022 arising out of
CR.No.122/2022 of Udupi Town Police Station
pending on the file of Principal Senior Civil Judge
and CJM Court, Udupi, is quashed.
Sd/-
JUDGE
LNN
