Karnataka High Court
Pravin @ Bujji vs The State Of Karnataka By on 11 November, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:45609
CRL.P No. 11249 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 11249 OF 2024
BETWEEN:
PRAVIN @ BUJJI,
S/O KALIRAM,
AGED ABOUT 38 YEARS,
OCC: BUSINESS,
R/O KUMAVATH NIVASA,
NEAR MAHAVIR JAIN BUVANA,
GANDHI BAZAR, SHIVAMOGGA - 577 201.
...PETITIONER
(BY SRI. P.B. UMESH, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY
SANTHEBENNUR POLICE STATION,
SANTHEBENNUR CIRCLE,
Digitally signed DAVANAGERE - 577 552.
by NAGAVENI (REP. BY STATE PUBLIC PROSECUTOR,
Location: HIGH HIGH COURT BUILDINGS,
COURT OF BENGALURU - 560 003.)
KARNATAKA ...RESPONDENT
(BY SRI. B.N. JAGADEESHA, ADDL. SPP)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS)
PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN
C.C.NO.1935/2024 PENDING ON THE FILE OF II ADDL.CIVIL JUDGE
AND J.M.F.C CHANNAGIRI (CR.NO.226/2023 OF SANTHEBENNUR P.S
DAVANAGERE DISTRICT CHARGE SHEETED FOR THE OFFENCE P/U/S
78(3) OF KARNATAKA POLICE (AMENDMENT) ACT 2021).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:45609
CRL.P No. 11249 of 2024
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri.P.B.Umesh, learned counsel appearing for the
petitioner and Sri. B.N.Jagadeesha, the learned Additional State
Public Prosecutor appearing for the respondent.
2. The petitioner is before this Court calling in question
the proceedings in C.C.No.1935/2024 pending on the file of the
II Additional Civil Judge and J.M.F.C., Channagiri (Crime
No.226/2023 of Santhebennur Police Station, Davanagere
District, for offences punishable under Section 78(3) of
Karnataka Police (Amendment) Act, 2021.
3. The learned counsel for the petitioner would submit
that the issue in the case at hand stands covered by the
judgments rendered by this Court in Crl.P.No.8568/2024,
disposed of on 09.09.2024, wherein this Court has held as
follows:
NC: 2024:KHC:45609
"3. The issue lies in a narrow compass.
The Karnataka Police (Amendment) Act, 2021
made certain offences cognizable. Section 78(3) of
the Act was one of them and therefore, the FIR
could not be registered without following the
procedure stipulated under Section 155 of the
Cr.P.C. The said amendment was called in
question before the Division Bench in
W.P.No.18703/2021 and connected cases. Those
amendments were struck down by the Division
Bench in terms of its order dated 14.02.2022 to be
unconstitutional. The judgment was rendered on
14.02.2022 and the subject FIR is registered on
22.02.2024. Therefore, the FIR being registered
under the amending Act of 2021, which had
already been declared to be unconstitutional, is
rendered unsustainable and therefore, the petition
deserves to be allowed."
And in Crl.P.No.5444/2023, disposed of on 14.07.2023,
wherein this Court has held as follows:
" 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: 2024:KHC:45609
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
obliterate the proceedings against the petitioner.
For the aforesaid reasons, the following:"
NC: 2024:KHC:45609
4. In the light of the order passed by this Court
(supra) and for the reasons aforementioned, the following:
ORDER
(i) The Criminal Petition is allowed; and
(ii) The proceedings in C.C.No.1935/2024,
pending on the file of II Additional Civil Judge
and J.M.F.C., Channagiri, qua the petitioner,
stand quashed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
KG
CT: BHK
