- 1 - NC: 2025:KHC:2777 CRL.P No. 720 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 720 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. CHIDAMBARAM BHAT S/O. SADASHIVA BHATT AGED ABOUT 53 YEARS R/AT NO.4, 4TH MAIN, 1ST CROSS JAYANAGAR 1ST BLOCK BENGALURU CITY-560011 2. SHEESHADRIK K A S/O ANANDARAMA.K.A AGED ABOUT 44 YEARS R/AT NO.106, NANDI SHELTERS UTTARAHALLI, BENGALURU-560 061 3. VISHWANATHA HEGADE S/O NARASIMHA HEGDE AGED ABOUT 35 YEARS R/AT - NO.104, 2ND FLOOR, RHCS LAYOUT, 'D' GROUP SUNKADAKATTE, BENGALURU-560 091 4. VINAYAK V. HEGADE S/O VIRUPAKSHA HEGDE AGED ABOUT 44 YEARS R/AT 7/6, 4TH CROSS GANESHA BLOCK Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2777 CRL.P No. 720 of 2025 MAHALAKSHMI LAYOUT BENGALURU-560 086 5. MAHESH JOIS S/O NARAYAN JOIS AGED ABOUT 32 YEARS R/AT - NO.50/38, 9TH MAIN ROAD CHOUDAPPA LAYOUT HOSAKERE HALLI BSK III STAGE BENGALURU-560 085 6. LAKSHMI NARAYAN S/O PADMABHA BHAT @ PADMANABHA AGED ABOUT 50YEARS R. AT NO.18TH 15TH CROSS MAHALAKSHMILAYOUT BENGALURU-560 086 …PETITIONERS (BY SRI. HANUMANTHARAYA D., ADVOCATE) AND: 1. STATE OF KARNATAKA BY GIRINAGAR P.S REPRESENTED BY SPP OFFICE, HIGH COURT OF KARNATAKA, BANGALORE 560001. 2. BHARATH M.M. POLICE INSPECTOR CCB SPECIAL ENQUIRY UNIT, N.T.PET, BENGALURU CITY BENGALURU-560018 …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP) - 3 - NC: 2025:KHC:2777 CRL.P No. 720 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO ALLOW THE CRL.P AND QUASH THE ENTIRE PROCEEDINGS IN CC.NO.1958/2024 ARISING OUT OF CR.NO.200/2022 REGISTERED BY THE RESPONDENT NO.1 GIRINAGAR P.S., ANNEXURE-A, PENDING ON THE FILE OF MMTC-IV, BENGALURU, FOR THE OFFENCES P/U/S 79 AND 80 OF THE KARNATAKA POLCIE (AMENDMENT) ACT, 2021. 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 seek quashing of entire proceedings in C.C.No.1958/2024 registered for the offence punishable under Sections 79 and 80 of Karnataka Police (Amendment) Act, 2021 [for short, 'the KP Act'] by Girinagar Police Station, on the file of the learned Metropolitan Magistrate Traffic Court - IV, Bengaluru. 2. 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 06.07.2022, respondent No.2 filed a police complaint against the petitioners pursuant to which an FIR in Crime No.200/2022 was registered against the petitioners for the offences punishable under Sections 79 and 80 of the KP Act which was a cognizable offence at that point in time. - 4 - NC: 2025:KHC:2777 CRL.P No. 720 of 2025 3. Subsequently, vide judgment dated 14.02.2022 passed in W.P.No.18703/2021, a Co-ordinate Bench of this Court struck down the aforesaid amendment vide Karnataka Act No.28 of 2021 as to be ultra vires to the Constitution of India. It is the grievance of the petitioners that in view of striking down of the amendment to Section 79 of the KP Act as stated supra, the said offence would be rendered non cognizable and in the absence of necessary requisite permission being obtained under Section 155(2) of Cr.P.C., the impugned proceedings in Crime No.200/2022 would be illegal and deserves to be quashed. 4. 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. 5. 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 79 and 80 of the KP Act, which is a non cognizable offence, has not been obtained by the respondents though they have made request in this regard and non-obtaining of necessary - 5 - NC: 2025:KHC:2777 CRL.P No. 720 of 2025 permission under Section 155(2) of Cr.P.C, would render impugned proceedings illegal warranting interference by this Court in the present petition. 6. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) All the proceedings pursuant to C.C.No.1958/2024 registered for the offence punishable under Sections 79 and 80 of the KP Act by Girinagar Police Station on the file of the learned Metropolitan Magistrate Traffic Court - IV, Bengaluru qua the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB