Sri Basavaraj Gouda vs The State Of Karnataka
2024 Latest Caselaw 4966 Kant

Karnataka High Court

Sri Basavaraj Gouda vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                 -1-
                                                         NC: 2024:KHC-D:3941
                                                         CRL.P No. 103430 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.103430 OF 2023

                   BETWEEN:

                   SRI. BASAVARAJ GOUDA
                   S/O. RAMALINGANA GOUDA,
                   AGE: 48 YEARS, OCC: SELF EMPLOYED,
                   R/O: CHIKKABALLARI VILLAGE,
                   TQ: SIRUGUPPA, DIST: BALLARI-583121.
                                                                      ...PETITIONER
                   (BY SRI.B.C.JNANAYYASWAMI, ADVOCATE)

                   AND:

                   THE STATE OF KARNATAKA
                   REP. BY ITS SPP,
                   HIGH COURT OF KARNATAKA,
                   BENCH, DHARWAD-580001,
                   (THROUGH HATCHOLLI P.S).
                                                                     ...RESPONDENT
MANJANNA
E                  (BY SRI.P.N.HATTI, HCGP)
Digitally signed
by MANJANNA E
Date: 2024.02.22
14:27:27 +0530
                          THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
                   SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.396/2023
                   CIVIL JUDGE AND JMFC, SIRUGUPPA (ARISING OUT OF CRIME
                   NO.12/2021 REGISTERED HATCHOLLI, 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
                   PETITIONER IS CONCERNED.


                          THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
                   DAY, THE COURT MADE THE FOLLOWING:
                             -2-
                                  NC: 2024:KHC-D:3941
                                  CRL.P No. 103430 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 Police

Sub-Inspector, Hatcholli Police Station, has conducted the

raid on a credible information regarding some persons

were playing Mataka on 17.02.2021 at 4.00 p.m., and

registered the FIR on 18.02.2021 at 5.00 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:3941

4. Accordingly, the criminal petition is allowed.

Consequently the proceedings initiated against the

petitioner are quashed.

Sd/-

JUDGE

EM/CT:BCK