Karnataka High Court
Malla Aradya vs State Of Karnataka on 5 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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CRL.P No. 1427 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 1427 OF 2025
(482(Cr.PC) / 528(BNSS))
BETWEEN:
1. MALLA ARADYA
S/O. SRIKANTA ARODHYA,
AGED ABOUT 62 YEARS,
R/AT ARAKALAWADI VILLAGE,
CHAMARAJANAGAR TQ,
CHAMARAJANAGAR DIST-571443.
2. MALLU CHARI
S/O LATE LINGACHARI,
AGED ABOUT 55 YEARS,
R/AT ARAKALAWADI VILLAGE,
CHAMARAJANAGAR TQ,
Digitally signed by CHAMARAJANAGAR DIST-571441.
AASEEFA
PARVEEN 3. KRISHNA,
Location: HIGH S/O LATE MADANAYAKA,
COURT OF AGED ABOUT 41 YEARS,
KARNATAKA R/AT GUMBALLI VILLAGE, YALANDURU TQ,
CHAMARAJANAGAR DIST-571443.
4. NAGARAJAPPA
S/O LATE SHIVAPPA,
AGED ABOUT 59 YEARS,
R/AT HARAVE VILLAGE,
CHAMARAJANAGAR TQ,
CHAMARAJANAGAR DIST-571443.
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5. SRIDHAR
S/O LATE BASAVANNA,
AGED ABOUT 38 YEARS,
R/AT GUMBALLI VILLAGE,
YALANDURU TQ,
CHAMARAJANAGAR DIST-571443.
6. JAYACHANDRA,
S/O LATE CHINNA RAJASHETTY,
AGED ABOUT 36 YEARS,
R/AT MINYAM VILLAGE, HANURU TQ,
CHAMARAJANAGAR DIST-571443.
7. HARISH
S/O LATE SRINIVASA,
AGED ABOUT 35 YEARS,
R/AT TERAKANAMBI, GUNDLUPETE TALUK,
CHAMARAJANAGAR DIST-571442.
8. KUMARA
S/O LATE RACHAPPA,
AGED ABOUT 34 YEARS,
R/AT CHENNIPURAD MOLE,
CHAMARAJANAGAR TOWN,
CHAMARAJANAGAR DIST-571441.
9. MADAPPA
S/O LATE MAHADEVAPPA,
AGED ABOUT 48 YEARS,
R/AT ARAKALAWADI VILLAGE,
CHAMARAJANAGAR TQ,
CHAMARAJANAGAR DIST-571 443.
10. MAHESHA
S/O LATE BASAVARAJAPPA,
AGED ABOUT 40 YEARS,
R/AT BHUJENGESHWARA EXTN, CHAMARAJANAGAR
TOWN, CHAMARAJANAGAR DIST-571 441.
11. JAYASIDDU @ SIDDU,
S/O NANJASHETTY,
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CRL.P No. 1427 of 2025
AGED ABOUT 34 YEARS,
R/AT HONGANURU VILLAGE,
CHAMARAJANAGAR TQ,
CHAMARAJANAGAR DIST-571442.
12. NAGARAJU R @ K T NAGA,
S/O. LATE RAMASHETTY,
AGED ABOUT 55 YEARS
R/AT KELAGALA UPPER STREET,
CHAMARAJANAGAR TQ,
CHAMARAJANAGAR DIST- 571443.
13. SIDDAVIRAPPA,
S/O LATE PUTTAPPA
SIDDAVIRAPPAPUTTAPPA,
AGED ABOUT 65 YEARS,
R/AT MARIYALA VILLAGE,
CHAMARAJANAGAR TQ,
CHAMARAJANAGAR DIST-571443.
14. MAHESHA
S/O CHIKKANNEGOWDA,
AGED ABOUT 35 YEARS,
R/AT KARIYANAKATTE VILLAGE,
CHAMARAJANAGAR TQ,
CHAMARAJANAGAR DIST-571443.
15. BASAVANNA
S/O VIRABADRASHETTY,
AGED ABOUT 39 YEARS,
R/AT LINGARAJAPURA VILLAGE,
CHAMARAJANAGAR TQ,
CHAMARAJANAGAR DIST-571445.
16. SUNIL,
S/O LATE SUNDRAPPA,
AGED ABOUT 26 YEARS,
R/AT V C HOSURU VILLAGE,
CHAMARAJANAGAR TQ,
CHAMARAJANAGAR DIST-571443..
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CRL.P No. 1427 of 2025
17. LALINGASWAMY,
S/O LATE GURUSIDDAIAH,
AGED ABOUT 58 YEARS,
R/AT HEGGAVADI VILLAGE,
CHAMARAJANAGAR TQ,
CHAMARAJANAGAR DIST-571445.
18. BANGARU
S/O KRISHNAMURTHY,
AGED ABOUT 45 YEARS,
R/AT MEGALANAYAKARA BEEDI,
8TH WARD, CHAMARAJANAGAR TOW
CHAMARAJANAGAR DIST-571441.
...PETITIONERS
(BY SRI. SREENIVASAN M Y., ADVOCATE)
AND:
STATE OF KARNATAKA
BY CHAMARAJANAGAR TOWN POLICE STATION,
R/P BY SPP, HCK,
BANGALORE-560001.
...RESPONDENT
(BY SMT. RASHMI JADHAV, ADDL. SPP)
THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO QUASH THE FIR AS AGAINST THE PETITIONERS
REGISTERED BY THE RESPONDENT POLICE, CHAMARAJANAGAR
TOWN P. S. IN CRIME NO.157/2024 FOR AN OFFENCES
PUNISHABLE UNDER SECTION 79 AND 80 OF KARNATAKA
POLICE ACT 1963 AND PENDING ON THE FILE OF ADDL. CIVIL
JUDGE (SR.DN.) AND CJM, CHAMARAJANAGAR.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
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CRL.P No. 1427 of 2025
ORAL ORDER
Petitioners seeks the following relief:
"WHEREFORE, the petitioners pray that this
Hon'ble Court be pleased to:
a. Call for records in Crime No.157/2024 on
the file of Addl. Civil Judge (Sr.Dn.) & CJM,
Chamarajanagar and
b. Quash the FIR as against the petitioners
registered by the respondent Police,
Chamarajanagar Town Police in Crime
No.157/2024 for an offences punishable under
Section s 79 and 80 of Karnataka Police Act, 1963
and pending on the file of Addl. Civil Judge
(Sr.Dn.) & CJM, Chamarajanagar and consequently
grant any other remedy that this Hon'ble Court
deems fit in the facts and circumstances of the
case."
2. Heard.
3. A perusal of the material on record will indicate that
the petitioners are members of recreation club under the name
and style of "Star Sports Club" in whose favour this Court
passed an order dated 23.01.2023 in Writ Petition
No.1178/2023 as hereunder:
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"Heard Sri. M.Y. Sreenivasan, learned counsel appearing
for the petitioner and Sri. Vinod Kumar M., the learned AGA
appearing for the respondents.
2. The petitioner is before this Court, seeking for the
following prayer:
i. Issue a writ in the nature of mandamus,
directing the respondent's not to interfere with
the smooth running of skill games like chess,
caroom, rummy, poker, table tennis, shuttle
cork and other skill games by the petitioner in
the name and style of 'STARS SPORTS CLUB",
having their registered office at NO.6A, 6B,
HASANURU GHAT ROAD, CHAMARAJANAGARA,
ii.Directing the Respondent's 1 to 5 herein not
to insist upon the petitioner club to obtain the
license for the cultural activities carried on by
the petitioner in the club premises as per the
legal requirement,
ill. ISSUE any other appropriate Writ, Order or
Direction as this Hon'ble Court deems fit to the
facts and circumstances of the case in the
interest of justice and equity."
3. The learned counsel appearing for the petitioner would
submit that the issue in the lis stands covered by the judgment
rendered by the Co-ordinate Bench in the case of M/S
NAVARANG ASSOCIATION VS. THE STATE OF KARNATAKA, the
Co-ordinate Bench has held as follows:
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"Learned Government Advocate to accept
notice for respondents No.1 to 7 and file memo of
appearance in four weeks.
2. The petitioner is before this Court seeking
for issue of mandamus or any other appropriate writ
in the manner as has been sought in the petition.
The issue which has been raised in the instant
petition has already been considered by this Court in
W.P.No.30071/2014 dated 15-10-2014 (between The
Media N. Members Club vs. State of Karnataka and
Others) wherein the petition was disposed of with
the following directions:-
"(i) The petitioner shall install within a
period of six weeks, CC TV cameras, at all the
places of access to its members and also at all
the places, wherein games(s) is / are played by
the members. The CC TV footage of at least
prior 15 days' period shall be made available by
the petitioner, to the police, as and when called
upon to do so.
(ii) The petitioner shall issue identity
card(s) to all its me member(s), which shall be
produced by the member(s), when called upon
by the police, during the raid(s) and
surveillances etc.
(iii) The petitioner shall not allow any non-
member(s) or the guest(s) of the member(s), to
make use of its premises for the purpose of
playing any kind of game(s) or recreational
activities.
(iv) The petitioner shall not permit any
activity by any of its member(s), by indulging in
acts of amusement, falling within the definition
of Ss.2(14) & 2(15) of the Act and shall not
permit any game(s) of chance as per
Explanation (II) of Sub- section (7) of Section 2
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of Karnataka Police Act, 1963. The member(s)
shall not be allowed to play any kind of game(s)
with stakes or make any profit or gain out of the
game(s) played.
(v) The petitioner shall put proper
mechanism in place and shall ensure that no
ganie's) is played in any unlawful manner by the
member(s). If the police find that game(s)
played is contrary to any law and in violation of
the settled practice, it is open to them to take
action against petitioner and the offenders, in
accordance with law.
(vi) The jurisdictional police shall have
liberty to visit premises periodically and/or on
receipt of any information about any unlawful
activity being carried on in the petitioner's
premises.
(vii) The respondents are directed not to
interfere with the lawful recreational activities
carried on by the members of the petitioner -
Club/Association.
(viii) It is made clear that this order would
not come in the way of the jurisdictional police
invoking the provisions of the Act and taking
action in accordance with law, it the member(s)
of the petitioner are found to have indulged in
any unlawful or immoral activities."
This writ petition is also disposed of in the
aforesaid terms."
4. In the light of the issue standing
covered by judgment rendered by the Co-
ordinate Bench and the facts being undisputed,
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the petition stands disposed on the same
terms."
4. In pursuance of the same, the petitioners are using
the facilities provided by the aforesaid club without violating
any of the terms and conditions issued by this Court in the
aforesaid order. Despite this, the respondents have filed the
impugned complaint without alleging any violation of any of
the terms and conditions of the aforesaid order passed by this
Court contending that the petitioners who are involved in
recreational activities in the said club have committed offences
punishable under Sections 79 and 80 of the Karnataka Police
Act and as such the petitioners are before this Court by way of
present petition.
5. It is submitted that prior permission for
investigation of the aforesaid non-cognizable offences having
not been obtained by the respondent, the impugned
proceedings deserves to be quashed.
6. A perusal of the aforesaid facts and circumstances
and in the light of the earlier order passed by this Court in Writ
Petition No.1178/2023 coupled with the fact that the entire
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complaint not only does not disclose either the petitioners or
the club have violated or contravene any of the terms and
conditions of the aforesaid order, but no permission of the
Magistrate has been obtained before filing the impugned
complaint, I am of the considered opinion that the impugned
proceedings deserves to be quashed as held in the case of
VAGGEPPA GURULINGA JANGALIGI (JANGALAGI) Vs.
THE STATE OF KARNATAKA THROUGH PSI KAGWAD
POLICE STATION, BELAGAVI reported in ILR 2020 KAR
630.
7. In the result, the following
ORDER
(i) The Criminal Petition is hereby allowed.
(ii) The impugned proceedings in Crime No.157/2024
registered by Chamarajanagar Town Police for the offences
punishable under Sections 79 and 80 of the Karnataka Police
Act, 1963, pending on the file of Additional Civil Judge (Sr.Dn.)
and CJM, Chamarajanagar, is hereby quashed.
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(iii) Liberty is reserved in favour of the petitioners to file
an application under Sections 451 and 457 of Cr.P.C.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
AP
