Karnataka High Court
Mahesh vs State By on 3 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:4774
CRL.P No. 7746 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 7746 OF 2024
BETWEEN:
1. MAHESH
S/O MALLESHGOWDA
AGE ABOUT 57 YEARS
RESIDENT OF HEDDURGA VILLAGE
PALYA HOBLI, ALUR TALUK
HASSAN DISTRICT - 573 201.
2. MOHANKUMAR H R
S/O RUDRACHAR
AGED ABOUT 60 YEARS
RESIDENT OF CHAMPAKANAGAR
SAKLESHPURA TQ
HASSAN DIST - 573 201.
3. VEERENDRA
S/O KALAPPA
Digitally AGED ABOUT 44 YEARS
signed by RESIDENT OF KOWRI VILLAGE
BIKKODU HOBLI, BELUR TLAUK
KAVYA R
HASSAN DISTRICT - 573 201.
Location:
High Court 4. GOWRISH
of Karnataka S/O JAYARAM
AGED ABOUT 45 YEARS
LAKSHMIPURA, SAKLESHPURA TOWN
HASSAN DISTRICT - 573 201.
5. KRISHNA V
S/O VASU K
AGED ABOUT 48 YEARS
RESIDENT OF ALDURU VILLAGE,
CHIKKAMAGALURU TALUK,
CHIKKAMAGALURU DISTRICT.
-2-
NC: 2025:KHC:4774
CRL.P No. 7746 of 2024
6. KANTARAJU H M
S/O MALLESHGOWDA
AGED ABOUT 55 YEARS
RESIDENT OF HEDDURGA VILALGE
MADABALU POST, ALUR TALUK
HASSAN DISTRICT - 573 201.
7. MAHESHA M N
S/O LATE NAGESH
AGED ABOUT 53 YEARS
RESIDENT OF BELAGODU VILLAGE
SAKLESHPURA TALUK
HASSAN DISTRICT - 573 201.
8. VISHWANATH H S
S/O LATE SHIVAPPA
AGED ABOUT 53 YEARS
RESIDENT OF HEDDURGA VILLAGE
ALUR TALUK, HASSAN DISTRICT - 573 201.
9. PUTTASWAMY
S/O NANJAPPA
AGED ABOUT 66 YEARS
RESIDENT OF BALLUPETE VILLAGE
SAKLESHPURA TALUK,
HASSAN DISTRICT - 573 201.
10. CHANDRASHEKAR M S
S/O SOMEGOWDA M R
AGED ABOUT 56 YEARS
RESIDENT OF CHIKKANAYAKANAHALLI
BELAGODU HOBLI, SAKLESHPURA TQ
HASSAN DISTRICT - 573 201.
...PETITIONERS
(BY SMT. SANDHYA D., ADVOCATE)
AND:
STATE BY
SAKALESHPURA RURAL POLICE STATION,
REPRESENTED BY
-3-
NC: 2025:KHC:4774
CRL.P No. 7746 of 2024
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BUILDING,
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. RASHMI JADHAV, ADDL. SPP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE CHARGE SHEET FILED AGAINST PETITIONERS IN
CR.NO.186/2023 BY THE SAKLESHPURA RURAL POLICE, FOR
THE OFFENCE P/U/S 78, 79, 80 OF THE KARNATAKA POLICE
(AMENDMENT) ACT, 2021, PENDING ON THE FILE OF CIVIL
JUDGE AND JMFC COURT AT SAKLESHPURA, HASSAN DISTRICT
IN CC.NO.235/2024 (ANNEXURE-B).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seeks the following reliefs:-
"i. Quash the charge sheet filed against
petitioners in Cr.No.186/2023 by the Sakleshpura
Rural Police, for the offence punishable U/S 78, 79,
80 of the Karnataka Police (Amendment) Act, 2021,
pending on the file of Civil Judge and J.M.F.C. Court
at Sakleshpura, Hassan District in C.C.No.235/2024
(ANNEXURE-B).
ii. Quash the proceedings in
C.C.No.235/2024, pending on the file of the Civil
Judge and JMFC, Sakleshpura (ANNEXURE-C)
iii. Pass any other appropriate order or
direction as deems fit under the circumstances of
the case, in the interest of justice and equity."
2. In this petition, petitioners seeks quashing of
charge sheet filed against the petitioners in Crime No.186/2023
NC: 2025:KHC:4774
pursuant to C.C.No.235/2024 registered for the offence
punishable under Sections 78, 79 and 80 of Karnataka Police
(Amendment) Act, 2021 [for short, 'the KP Act'] by
Sakaleshpura Rural Police Station, on the file of the learned
Civil Judge and JMFC Court at Sakaleshpura, Hassan District.
3. Heard the learned counsel for the petitioners and
the learned Addl.SPP for respondent and perused the material
on record.
4. In addition to reiterating the various contentions
urged in the petition and referring to the material on record,
learned counsel for the petitioners has invited my attention to
the material on record in order to point out that on 27.08.2023,
respondent registered a complaint against the petitioners,
pursuant to which, FIR in Crime No.186/2023 was registered
against the petitioners for the offences punishable under
Sections 78, 79 and 80 of the KP Act which was a cognizable
offence at that point in time in view of the amendment to the
said provision vide Karnataka Act No.28 of 2021.
5. Subsequently, vide judgment dated 14.02.2022
passed in W.P.No.18703/2021, a Bench of this Court struck
NC: 2025:KHC:4774
down the aforesaid amendment vide Karnataka Act No.28 of
2021 as ultra vires to the Constitution of India. It is the
grievance of the petitioners that in view of striking down of the
amendments to the KP Act as stated supra, the said offences
would be rendered non-cognizable and in the absence of
necessary requisite and mandatory permission being obtained
under Section 155(2) of Cr.P.C., the impugned proceedings in
Crime No.186/2023 would be illegal and deserves to be
quashed.
6. Per Contra, learned High Court Government Pleader
would submit that there is no merit in the petition and the
same is liable to be dismissed.
7. As rightly contended by learned counsel for the
petitioners in the facts and circumstances in the instant case,
necessary permission under Section 155(2) of Cr.P.C., to
conduct investigation as required in relation to the offences
punishable under Sections 78, 79 and 80 of the KP Act, which
are non-cognizable offences has not been obtained by the
respondents though they have made request in this regard and
non-obtaining of necessary permission under Section 155(2) of
NC: 2025:KHC:4774
Cr.P.C, would render impugned proceedings illegal warranting
interference by this Court in the present petition.
8. In the result, I pass the following:
ORDER
i) The petition is hereby allowed.
ii) Charge sheet filed against the petitioners in Crime
No.186/2023 pursuant to C.C.No.235/2024
registered for the offence punishable under Sections
78, 79 and 80 of the KP Act by Sakaleshpura Rural
Police Station on the file of the learned Civil Judge
and JMFC, Court at Sakaleshpura are hereby
quashed qua the petitioners.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
GPG
CT: BHK
