Karnataka High Court
Hanumantha S/O Late Dodderanna vs The State Of Karnataka on 16 June, 2023
Bench: V.Srishananda
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CRL.P No. 100767 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 100767 OF 2023
BETWEEN:
1. HANUMANTHA S/O. LATE DODDAERANNA
AGE: 36 YEARS, OCC: FARMER,
R/O: VK CAMP, SIRUGUPPA,
TQ: SIRUGUPPA, DIST: BALLARI -583101.
2. SHA BASH AIASSABESHA S/O. GOUSH,
AGE: 39 YEARS, OCC: BUSINESSMAN,
R/O: CHALLEKUDLUR VILLAGE,
SIRGUPPA TQ, BALLARI DIST- 583101.
...PETITIONERS
(BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
CHANDRASHEKAR
LAXMAN REP BY ITS SPP, HIGH COURT OF KARNATAKA,
KATTIMANI
BENCH, DHARWAD -580001.
Digitally signed by (THROUGH TEKKALAKOTE P.S)
CHANDRASHEKAR
LAXMAN KATTIMANI ...RESPONDENT
Date: 2023.06.22
15:35:52 -0700 (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. 2143/2022 PENDING ON THE FILE OF LEARNED CIVIL
JUDGE AND JMFC COURT SIRUGUPPA, (ARISING OUT OF
CRIME NO. 35/2022 REGISTERED TEKKALAKOTE P.S.) FOR AN
OFFENCE PUNISHABLE U/SEC. 78(3) OF KARNATAKA POLICE
ACT, 1963, BY ALLOWING THE CRIMINAL PETITION.
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CRL.P No. 100767 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri B.C.J nanayyaswami, learned counsel
for the petitioners and Smt.Girija S.Hiremath,
learned High Court Government Pleader for the
respondent. Perused the records on admission.
2. The pres ent petition is filed under Section
482 of Cr.P.C. with the following prayer :-
" To quash the entire proceedings in
C.C.No.2143/2022 pending on the file of learned
Civil Judge and JMFC Court Siruguppa, (arising out
of Crime No.35/2022 registered Tekkalakote P.S.)
for an offence punishable u/sec. 78(3) of Karnataka
Police Act, 1963, by allowing the criminal petition."
3. Brief facts of the case are as under:
Sri Shivakumar Naik, the Police Sub-Inspector of
Tekkalkote Police Station has filed a complaint stating on
26.04.2022 at about 6.30 p.m. he received a credible
information that near V.K.Camp, some unknown people
are indulged in gambling. Accordingly, he secured two
CRL.P No. 100767 of 2023
independent persons for the intended raid as panch
witnesses and also formed a raid team. All of them
proceeded in motorcycles and were on look out for the
alleged gamblers. They noticed that one person was
standing and was inviting the people to play 'matka' /
'o.c.' by offering them Rs.80/- for Rs.1/-. Many public had
gathered there and immediately the raid team proceeded
there and on seeing them, the persons who were
assembled there dispersed. Raid team was successful in
capturing the person who was indulged in the 'matka' /
'o.c.' and raided the said place and found that accused
persons were indulged in gambling and accordingly they
apprehended accused petitioner and seized money and
other articles which were used in gambling and registered
a case under Section 78(3) of Karnataka Police Act, 1963
(for short, 'K.P. Act') and investigated the matter and filed
charge sheet.
4. The petitioners challenged the said action by
contending that admittedly the offence punishable under
CRL.P No. 100767 of 2023
Section 78 of K.P. Act is a 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 charge sheet is illegal.
5. In view of the authoritative 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 registration of the case and filing of
charge sheet stating that it is only formality. Further she
has argued that permission of the Magistrate is obtained in
the case on hand.
7. In view of the rival contentions, this Court
perused the material on record meticulously.
CRL.P No. 100767 of 2023
8. On such perusal, it is seen that admittedly the
offence alleged against the petitioners is non-cognizable in
nature and therefore the Head of the raid party was
required to follow the procedure as required under Section
155 of Cr.P.C. and has to obtain necessary permission
before proceeding to register a case. Since the Head of
raid party has not done so, registering case and filing of
charge sheet has rendered illegal whereby calling for
interference by this Court under Section 482 of Cr.P.C.
Accordingly, following order is passed:
ORDER
Criminal Petition is allowed.
The entire proceedings in
C.C.No.2143/2022 pending on the file of Civil
Judge and J.M.F.C., Siruguppa (arising out of
Crime No.35/2022) for the offence punishable
under Section 78(3) of K.P. Act, 1963 as against
the petitioners are hereby quashed.
Sd/-
JUDGE
