Karnataka High Court
Sri. Basavaraju vs State Of Karnataka on 28 October, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:43585
CRL.P No. 10170 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 10170 OF 2024
BETWEEN:
1. SRI. BASAVARAJU
S/O PUTTARAJU
AGED ABOUT 43 YEARS,
R/AT NANNESHWARA NAGARA,
HINAKAL, MYSURU CITY,
KARNATAKA - 570 017
2. SRI. RAVI
S/O RAMESH,
AGED ABOUT 31 YEARS,
R/AT NO.36, 1ST CROSS,
BASAVANAGUDU CIRCLE,
HEBBAL MYSURU, MYSURU CITY
KARNATAKA - 570 016
3. SRI. HARISH
Digitally signed S/O PUTTASIDDANNA,
by NAGAVENI AGED ABOUT 31 YEARS,
Location: HIGH R/AT 1350, DEVI BADAVANE,
COURT OF BELAGOLA VILLAGE,
KARNATAKA
SRIRANGAPATTANA TALUK,
MANDYA, KARNATAKA-571 606
4. SRI. SANTOSHA,
S/O MAHADEVA,
AGED ABOUT 33 YEARS,
R/AT NO.111, MARIGUDI ROAD,
HOSA ANANDOORU VILLAGE,
SRIRANGAPATANA TALUK,
MYSURU CITY,
KARNATAKA - 571 438
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CRL.P No. 10170 of 2024
5. SRI. KUMAR,
S/O SUBBANNA,
AGED ABOUT 39 YEARS,
R/AT NEAR GANESHA TEMPLE,
TAVARAGERE 3RD CROSS,
MANDYA TOWN, MANDYA
KARNATAKA - 557 1401
6. SRI. ANANDA,
S/O VENKATESH,
AGED ABOUT 27 YEARS,
R/AT NO.310,
BACK SIDE OF CHAMUNDESHWARI TEMPLE,
KUMBARA KOPPALU,
MYSURU CITY,
KARNATAKA - 570 016
7. SRI. NINGARAJU,
S/O PUTTASWAMIGOWDA,
AGED ABOUT 27 YEARS,
R/AT NO.310,
BACK SIDE OF CHAMUNDESHWARI TEMPLE,
KUMBARA KOPPALU,
MYSURU CITY,
KARNATAKA - 570 016
8. SRI. VINAYKUMAR,
S/O DHODDEGOWDA,
AGED ABOUT 33 YEARS,
R/AT MEGALAPURA VILLAGE,
SRIRANGAPATNA TALUK,
MANDYA, KARNATAKA-571 475.
9. SRI. NAVEENA,
S/O NAGARAJEGOWDA,
AGED ABOUT 31 YEARS,
R/AT NO.7439, 2ND PHASE,
2ND STAGE, VIJAYANAGARA,
MANGALURU CITY,
KARNATAKA - 574 142
10. SRI. MANJU,
S/O LATE RAMAKRISHNA,
AGED ABOUT 39 YEARS,
R/AT NO.126/9, K. R. NAGARA TOWN,
MYSURU DISTRICT, KARNATAKA - 571 602
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CRL.P No. 10170 of 2024
11. SRI. INDRAKUMAR,
S/O GURU SIDDEGOWDA,
AGED ABOUT 46 YEARS,
R/AT NO.365, IRUVE LAYOUT,
BELAGOLA, SRIRANGAPATNA TALUK,
MANDYA, KARNATAKA-571 606
12. SRI. KARTHIK,
S/O THIMMEGOWDA,
AGED ABOUT 31 YEARS,
R/AT NO.77, HULIKERE VILLAGE,
SRIRANGAPATNA TALUK,
MYSURU CITY,
KARNATAKA - 571 438.
13. SRI. HEMANTHKUMAR,
S/O LATE JAVARAIAH,
AGED ABOUT 35 YEARS,
R/AT NO.310, M. N. CIRCLE,
KUPPEDHADA, BELAGOLA VILLAGE,
SRIRANGAPATNA TQ, MANDYA,
KARNATAKA-571 606
14. SRI. SUHEL JAMAL,
S/O SULEMAN,
AGED ABOUT 29 YEARS,
R/AT NO.121, 2ND STAGE,
VIJAYANAGARA,
MYSURU CITY,
KARNATAKA - 574 142.
15. SRI. RAVI,
S/O JAVAREGOWDA,
AGED ABOUT 39 YEARS,
R/AT NO.371, KOORGALLI VILLAGE,
MYSURU CITY,
KARNATAKA - 571 606
16. SRI. NAGARAJU
S/O KEMPAPPA,
AGED ABOUT 63 YEARS,
R/AT NO.109, 5TH MAIN,
11TH CROSS, E AND F CLUB,
RAMAKRISHNA NAGAR,
MYSURU CITY
KARNATAKA - 570 022.
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CRL.P No. 10170 of 2024
17. SRI. VINAY,
S/O VENKATESH,
AGED ABOUT 37 YEARS,
R/AT BRAMHANA BEEDHI,
BILIKERE, HUNSUR TQ,
MYSURU DISTRICT
KARNATAKA - 571 105
18. SRI. RAVI
S/O KRISHNANAYAK,
AGED ABOUT 40 YEARS,
R/AT DODDEKOPPALU VILLAGE,
K.R.NAGARA, MYSURU DISTRICT,
KARNATAKA-571 602
19. SRI. KRISHNEGOWDA
S/O LATE JAVAREGOWDA,
AGED ABOUT 56 YEARS,
R/AT CHIKKANAHALLI VILLAGE,
K. R. NAGARA TQ.,
MYSURU DISTRICT,
KARNATAKA - 571 602
...PETITIONERS
(BY SRI. RAKSHITH K.S., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY VIJAYANAGAR P.S.,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 066
2. SRI. VIVEKANANDA
S/O CHANDRASHEKAR GOWDA,
AGED ABOUT 47 YEARS,
POLICE INSPECTOR,
OCW, CCB UNIT,
MYSURU - 571 602.
...RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R1)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS)
PRAYING TO QUASH THE ENTIRE PROCEEDINGS VIDE ANNEX-C
ORDER SHEET IN C.C.NO.248/2023 ON THE FILE OF V J.M.F.C.
MYSURU ARISING OUT OF CR.NO.4/2021 REGISTERED BY
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NC: 2024:KHC:43585
CRL.P No. 10170 of 2024
VIJAYANAGAR P.S AT MYSURU CITY FOR THE OFFENCE P/U/S 79, 80
OF K.P ACT 1963 VIDE FIR AT ANNEX-A & COMPLAINT AT ANNEX-B
AND THE CHARGE SHEET AT ANNEX-D WHEREIN THE PETITIONERS
HEREIN ARE ARRAIGNED AS ACCUSED NO.1 TO 19.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri.Rakshith K.S., learned counsel appearing for
the petitioners and Sri.B.N.Jagadeesh, the Additional State
Public Prosecutor appearing for respondent No.1.
2. The petitioners are before this Court calling in
question the proceedings in C.C.No.248/2023 on the file of the
V J.M.F.C., Mysuru arising out of Crime No.4/2021 registered
by Vijayanagar Police Station, Mysuru City for offences
punishable under Sections 79 and 80 of Karnataka Police Act,
1963.
3. The learned counsel for the petitioners would
submit that the issue in the case at hand stands covered by the
judgment rendered by this Court in W.P.No.19287/2021
NC: 2024:KHC:43585
disposed of on 04.03.2022, wherein this Court has held as
follows:
"The petitioners call in question the
proceedings instituted in Crime No.226/2021
before the respondent-police for the offences
punishable under Sections 79 and 80 of the
Karnataka Police Act, 1963 as amended in the year
2021.
2. Heard Sri.C.V.Nagesh, learned senior
counsel appearing for petitioners and
Sri.Shankar.H.S., learned High Court Government
Pleader appearing for the respondent-State.
3. Amendment to the Karnataka Police Act
was the subject matter in several writ petitions -
in W.P.No.18703/2021 and connected cases, the
Division Bench of this Court, by its order3dated
14.2.2022 has struck down Sections 2, 3, 6, 8 and
9 of the Karnataka Police (Amendment) Act, 2021
in its entirety, as ultra vires the Constitution of
India.
4. In the light of striking down of the
aforesaid amendment, the petition deserves to
succeed. Therefore, the following:
ORDER
(i) Writ Petition is allowed.
(ii) The proceedings instituted against the
petitioners in Crime No.226/2021 for
offences punishable under Sections 79
NC: 2024:KHC:43585
and 80 of the Karnataka Police Act,
stands quashed."
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.248/2023 on the file of
the V J.M.F.C., Mysuru arising out of Crime
No.4/2021 registered by Vijayanagar Police Station,
Mysuru City stand quashed, qua the petitioners.
Sd/-
(M.NAGAPRASANNA)
JUDGE
KG
