Siddesh Kudligi vs The State Of Karnataka
2024 Latest Caselaw 4963 Kant

Karnataka High Court

Siddesh Kudligi vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                     -1-
                                                            NC: 2024:KHC-D:3949
                                                            CRL.P No. 103478 of 2023




                                  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. 103478 OF 2023
                      BETWEEN:
                      SIDDESH KUDLIGI,
                      AGE. 33 YEARS, OCC. PRIVATE WORK,
                      R/O. KUDLIGI VILLAGE, TQ. KUDLIGI,
                      DIST. VIJAY NAGAR.
                                                                        ... PETITIONER
                      (BY SRI. M.J.PEERJADE, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA,
                      THROUGH P.S.I., HOSAPETE TOWN P.S. CIRCLE,
                      HOSAPETE SUB DIVISION,
                      R/BY STATE PUBLIC PROSECUTOR,
                      HIGH COURT OF KARNATAKA,
                      BENCH DHARWAD.
                                                                       ... RESPONDENT
                      (BY SRI. P.N. HATTI, HCGP)

         Digitally
                             THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
         signed by
         MANJANNA
MANJANNA E
E        Date:
                      SEEKING TO THE COMPLAINT FILED IN HOSPETH TOWN POLICE
         2024.02.22
         14:27:34
         +0530
                      STATION CRIME NO.115/2023 OF THE OFFENCE PUNISHABLE U/S
                      78(3) OF THE KARNATAKA POLICE ACT 1963 BEFORE THE PRINCIPAL
                      JR.DIVN.CIVIL JUDGE AND J.M.F.C. COURT AT HOSPETE AS AGAINST
                      THE PETITIONER/ACCUSED NO.2 HEREIN BE QUASHED.


                             THIS PETITION, COMING ON FOR ORERS, THIS DAY, THE
                      COURT MADE THE FOLLOWING:
                               -2-
                                     NC: 2024:KHC-D:3949
                                     CRL.P No. 103478 of 2023




                             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 The

Deputy Superintendent of Police, Hosapete, has conducted

the raid on a credible information regarding some persons

were playing Mataka on 12.09.2023 at 04.15 p.m., and

registered the FIR on 13.09.2023 at 6.00 p.m. Though the

present petitioner was not found at the scene of

occurrence, he arrayed as accused No.2 on the statement

of accused No.1.

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

NC: 2024:KHC-D:3949

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

10.12.2019.

4. Accordingly, the criminal petition is allowed.

Consequently the proceedings initiated against the

petitioner are quashed.

Sd/-

JUDGE

EM/CT:BCK