Citation : 2025 Latest Caselaw 11576 Kant
Judgement Date : 18 December, 2025
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NC: 2025:KHC:54208
CRL.P No. 15668 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 15668 OF 2025
BETWEEN:
1. SRI ANANDA V.,
S/O. VENKATESHAPPA,
AGED ABOUT 41 YEARS,
R/AT C/O. VENKATAPPA KOTHAPALLI,
KASABA HOBLI,
BAGEPALLI-561207
CHIKKABALLAPUR DISTRICT.
2. SRI. CHANDRASHEKAR
S/O. SANNA KAMAIAH,
AGED ABOUT 58 YEARS,
NEAR NAYAZ FLOUR MILL,
KR EXTENSION,
VIA. MADHUGIRI (RURAL),
TUMKUR DISTRICT-572132.
Digitally
signed by
3. SRI SHIVASHANKAR M.,
LAKSHMI T S/O.GUTTAPPA M.
Location:
High Court AGED ABOUT 41 YEARS,
of Karnataka
RESIDING AT NO.2-85,
KARASANAPALLI,
PEDDA PANJARI TOWN,
CHITTIOR-517247, AP
4. SRI. RAVI H. N.,
S/O.NARAYANASWAMY H R
AGED ABOUT 38 YEARS,
R/AT. 148, HOSAHUDYA,
HOSAHYDYA, HOSAHDYA,
CHIKKABALLAPURA DISTRICT-561207
KARNATAKA STATE
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CRL.P No. 15668 of 2025
HC-KAR
5. SRI. GANGARAJU
S/O. LAKSHMI NARASAPPA
AGED ABOUT 42 YEARS
GOWRIBIDANUR TALUK,
VIA. THONDEBAVI SUB DISTRICT
GAURIBIDANUR
CHIKKABALLAPURA DISTRICT- 561213
KARNATAKA STATE
6. SRI. VISWANATHA REDDY.K.S
S/O. SUBBAREDDY N.
AGED ABOUT 52 YEARS
R/AT KUNTACHIKKANA HALLI,
GADARE BOMMASANDRA
GAURIBIDANUR
CHIKKABALLAPURA DISTRICT- 561213
KARNATAKA STATE
7. SRI. PURUSHOTHAM KUMAR H.N.
S/O. NANJAPPA. H.R
AGED ABOUT 37 YEARS
GOTAKANAPURA, KALLUDI
CHIKKABALLAPUR
DISTRICT- 561208
KARNATAKA STATE
8. SRI. BOYA NAGENDRA
S/O. B. NAGARAJU.
AGED ABOUT 43 YEARS
R/AT 3/326, GOVT.PHC BACK SIDE
PULERU ROAD, GORANTLA
SRI SATHYA SAI -515 231
ANDHRA PRADESH
9. SRI. T. MANJUNATH
S/O. GANGADARAPPA,
AGED ABOUT 41 YEARS
R/AT 312, 3RD FLOOR 6TH BLOCK,
ROYAL PRESTIGE GARDEN,
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CRL.P No. 15668 of 2025
HC-KAR
J. P. NAGAR, BANGALORE-560 078
KARNATAKA STATE
10. SRI. SREENATH REDDY. K.
S/O. K. RAMAKRISHNA REDDY,
AGED ABOUT 43 YEARS,
R/AT 3-52-A, CHINNABABAIAHPALLI,
SOMANDEPALLI, TUNGODU,
ANANTHAPUR DISTRICT-515241
ANDHRA PRADESH
11. SRI. KALAVA VENKATA RAMANAREDDY
S/O. RAMI REDDY KALAVA
AGED ABOUT 65 YEARS
C/O. RAMI REDDY, KALAVA,
R/AT 5-39, KOREVANDLOAPALLI,
GORANTLA, JHAKKASAMUDRAM
SRI SATHYA SAI-515231
ANDHRA PRADESH
12. CHANDRASHEKAR S.,
S/O SAMPANGI RAMAIAH.S,
AGED ABOUT 38 YEARS,
R/AT. GUNJURU, THOOBAGERE HOBLI,
DODDABALLAPURA TALUK,
CHIKBALLAPUR DISTRICT,
DODDBALLAPUR - 561203.
...PETITIONERS
(BY SRI. IMTIZA AHMED KHAN, ADVOCATE)
AND:
STATE BY KARNATAKA
DODDABALLAPURA RURAL POLICE,
REPTD. BY STATE PUBLIC PROSECUTOR,
KARNATAKA HIGH COURT BUILDING
BENGALURU-560001.
...RESPONDENT
(BY SRI. ANOOP KUMAR M. V., HCGP)
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CRL.P No. 15668 of 2025
HC-KAR
THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.4508/2023 ON THE FILE OF THE HONBLE PRINCIPAL
CIVIL JUDGE (J.M.F.C) DODDABALLAPURA, BENGALURU RURAL
DISTRICT PENDING DISPOSAL OF THE SAME FOR KARNATAKA
POLICE AMENDED ACT 2021 UNDER SEC.80.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioners are seeking to quash the entire proceedings in
C.C.No.4508/2023 pending before the learned Principal Civil
Judge and JMFC, Doddaballpura.
2. FIR is registered against accused Nos.1 to 13 in
Crime No.196/2023 of Doddaballpura Rural Police Station for
the offence punishable under Section 80 of the Karnataka Police
(Amendment Act), 2021. On completion of investigation,
charge sheet was filed.
3. It is the contention of the learned counsel that the
offence alleged being non-cognizable in nature, the police have
conducted investigation without proper authorization by the
learned Magistrate. Attention of the Court is drawn to the order
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HC-KAR
passed in Criminal Petition No.12262/2025 preferred by
accused No.4, wherein, this court taking into consideration the
judgment passed in 'Vaggeppa Gurulinga Jangaligi Vs. The
State of Karnataka (Criminal Petition No.101997/2019 disposed
of on 10.12.2019), quashed the proceedings in respect of the
said accused.
4. In the case on hand, it is alleged that the accused
were playing 'Andar-Bahar' in room No.104 of one Makli Durga
Resort belonging to accused No.13 on 28.06.2023 at 3.00 p.m.
It is relevant to refer to paragraph No.4 of the order passed in
Criminal Petition No.12262/2025, which is extracted hereunder:
"Admittedly, the offence alleged is a non- cognizable offence. Material on record reveals that after the raid was conducted and mahazar was drawn, the learned Magistrate was intimated, which is after registration of the case against the accused persons. There is no material to show that before conducting the investigation there was any permission obtained by the learned Magistrate, as required under Section 155(1) and (2) of Cr.P.C. (Section 174 of BNSS, 2023), which is contrary to the law laid down by this Court in 'Vaggeppa
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HC-KAR
Gurulinga Jangaligi Vs. The State of Karnataka' (Crl.P.No.101997/2019 disposed of on 10.12.2019)."
5. The petitioners are similarly placed as accused
No.4, whose petition was allowed by this Court and the
proceeding are quashed. Hence, the petitioners are entitled to
similar relief in this petition.
6. Learned counsel for the petitioners submits that a
sum of Rs.1,26,000/- was seized by the police under PF
No.123/2023 and the said amount belongs to petitioner
No.9/accused No.10 - T.Manjunath and prays to release the
said amount in his favour. I.A. No.1/2025 is filed to release the
amount along with the affidavit of petitioner No.9
7. Accordingly, the following:
ORDER
Petition is allowed.
The entire proceedings against the petitioners in
C.C.No.4508/2023 pending on the file of the Court of Principal
Civil Judge and JMFC, Doddaballapura, Bengaluru Rural District,
are quashed.
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HC-KAR
The learned Magistrate is directed to release the amount
seized in this case under P.F.No.123/2023.
I.A.No.1/2025 is allowed.
I.A.No.2/2025 is disposed of.
Sd/-
(MOHAMMAD NAWAZ) JUDGE
AP List No.: 1 Sl No.: 25
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