G Maruti S/O Sannamallikarjuna vs The State Of Karnataka
2024 Latest Caselaw 4951 Kant

Karnataka High Court

G Maruti S/O Sannamallikarjuna vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                -1-
                                                       NC: 2024:KHC-D:3944
                                                       CRL.P No. 102845 of 2022




                               IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH

                          DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                              BEFORE

                          THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                            CRIMINAL PETITION NO.102845 OF 2022

                   BETWEEN:

                   1.   G. MARUTI S/O. SANNAMALLIKARJUNA
                        AGE: 25 YEARS, OCC: FARMER,
                        R/O: KARURU VILLAGE,
                        TQ: SIRUGUPPA, DIST: BALLARI-583101.

                   2.   VEERESH S/O. MALLIKARJUNAGOUDA
                        AGE: 45 YEARS, OCC: FARMER
                        R/O: KARURU VILLAGE,
                        TQ: SIRUGUPPA, DIST: BALLARI-583101.
                                                                  ...PETITIONERS
                   (BY SRI.B.C.JNANAYYASWAMI, ADVOCATE)

                   AND:

                   THE STATE OF KARNATAKA
MANJANNA           REP. BY ITS SPP,
E
                   HIGH COURT OF KARNATAKA,
Digitally signed
by MANJANNA E
                   BENCH DHARWAD - 580001,
Date: 2024.02.22
14:25:35 +0530
                   (THROUGH SIRIGERI P.S.).
                                                                  ...RESPONDENT
                   (BY SRI.P.N.HATTI, HCGP)

                         THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
                   SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC
                   NO.259/2015, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC,
                   SIRUGUPPA (ARISING OUT OF CRIME NO.23/2015 REGISTERED
                   SIRIGERI P.S.) FOR AN OFFENCE PUNISHABLE U/S 78(3) OF
                   KARNATAKA POLICE ACT 1963, BY ALLOWING THE CRIMINAL
                   PETITION IN SO FOR AS THIS PETITIONERS/ACCUSED NO.1 AND 2
                   ARE CONCERNED.
                             -2-
                                  NC: 2024:KHC-D:3944
                                  CRL.P No. 102845 of 2022




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

                         ORDER

1. This petition is filed challenging the proceedings

initiated against the petitioner for offence punishable

under Section 78(III) of the Karnataka Police Act, 1963.

2. The material on record reveals that, the Police

Sub-Inspector, Sirigeri Police Station, has conducted the

raid on a credible information regarding some persons

were playing Mataka on 20.02.2015 at 7.00 p.m., and

registered the FIR on 21.02.2015 at 6.30 p.m.

3. Since the investigation was commenced before

obtaining the permission under Section 155(2) of Cr.P.C.,

it is obvious that the proceedings are vitiated, in view of

the judgment rendered by this Court in the case of

Vaggeppa Gurulingappa Jangaligi Vs. The State of

Karnataka in Crl.P.No.101997/2019 disposed of on

10.12.2019.

NC: 2024:KHC-D:3944

4. Accordingly, the criminal petition is allowed.

Consequently the proceedings initiated against the

petitioner are quashed.

Sd/-

JUDGE

EM/CT:BCK