- 1 - NC: 2025:KHC:10443 CRL.P No. 2737 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2737 OF 2025 BETWEEN: 1. VASANTHAKUMAR K.B, S/O BOOMARAYI, AGED 47 YEARS, R/AT NO. 559, 2ND CROSS, 2ND MAIN, BEHIND INDRA HIGH SCHOOL, SHARADADEVINAGARA MYSURU CITY, KARNATAKA. 2. MADHAVA KRISHNA A.M, S/O DODDAMARI GOWDA, AGED ABOUT 67 YEARS, R/AT NO. 2774, INFRONT OF SBI, HEBBALA 1ST STAGE, MYSURU. 3. RAJU B, S/O BORE GOWDA, AGED 49 YEARS, NO. 153/02, BYRAVESHWARANAGARA, HEBBALA 1ST STAGE, MYSURU. 4. NAVEEN J, S/O. JAVAREGOWDA AGED 43 YEARS R/AT. NO.349A, SBI MAIN ROAD, 9TH MIAN, 1ST STAGE, HEBBAL, METAGALLI POST, MYSURU CITY. 5. LOKESH. D S/O. LATE DASE GOWDA, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10443 CRL.P No. 2737 of 2025 AGED 54 YEARS, R/AT.NO. 35, 2ND CROSS, KIDAGANAMMANA BADAVANE, KUMBARA KOPPALU, MYSORE CITY. 6. LOKESH R S/O. LATE RANGAPPA AGED 50 YEARS R/AT. NO.328, 3RD CROSS, SUBHASHNAGARA, HEBBAL, MYSORE CITY, MYSORE. 7. SHYLESH KUMAR.C.V S/O. LATE VENKATAPPA AGED 44 YEARS R/AT. NO.L-52, 15TH CROSS, CAUVERY CIRCLE, HEBBAL 2ND STAGE, MYSORE CITY. ALSO AT PANDAVAPURA TALUK CHALUVARASANAKOPPAL YENNEHOLEKOPPAL, PANDAVAPURA, KARNATAKA - 571 427. 8. SHRIDHARA, S/O. LATE NARAYANA, AGED 53 YEARS R/AT.NO.30, 2ND CROSS, BEHIND GOVERNMENT SCHOOL, METAGALLY MYSURU CITY, KARNATAKA. 9. HARISH R, S/O LATE J. RAME GOWDA, AGED 56 YEARS NO.842, KANTOOR ROAD, GOKULAM MYSURU CITY, KARNATAKA. - 3 - NC: 2025:KHC:10443 CRL.P No. 2737 of 2025 ALSO AT NO.842, 3RD STAGE, CONTOUR ROAD, NEAR BHARATH GAS AGENCY, GOKULAM, MYSORE DISTRICT, MYSORE - 570 002. 10. RAVIKUMAR, S/O LATE KUPPUSWAMY, AGED 53 YEARS R/AT NO. 53, 2ND MAIN, BAMBUBAZAR, MYSURU CITY - 570 021. …PETITIONERS (BY SMT. VINITHA P.C, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HEBBAL POLICE STATION, NARSIMHA RAJ SUB DIVISION, MYSORE CITY, MYSURU, REPRESENTED BY STATION HOUSE OFFICER. 2. J.C RAJU, POLICE INSPECTOR, ARTHIKA CRIME DIVISION, CCB DIVISION, MYSURU URBAN, MYSURU. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO. 59/2017 REGISTERED BY THE 1ST RESPONDENT POLICE FOR THE O/P/U/S 79, 80 K P ACT, 1963 AGAINST THESE PETITIONERS ARE CONCERNED WHICH IS NOW PENDING BEFORE THE IV JMFC AT MYSORE IN C.C NO. 1395/2020. - 4 - NC: 2025:KHC:10443 CRL.P No. 2737 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners/accused Nos. 1, 2, 3, 4, 9, 11, 13, 20, 23, and 26, who are being prosecuted for offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1933, have approached this Court seeking relief. 2. The prosecution alleges that, upon receiving credible information that members of Hoysala Sports Club were playing cards for stakes, the complainant-in-charge conducted a raid on the club. During the inspection, it was discovered that the petitioners were engaged in playing cards for stakes. 3. The learned counsel for the petitioners and the learned HCGP for the State were heard. 4. The offences alleged against the petitioners are non- cognizable. Therefore, before initiating an investigation, the police were required to obtain prior permission under Section 155(2) of the Cr.P.C. However, in the present case, the police, without obtaining the necessary order under Section 155(2) of the Cr.P.C., proceeded with the investigation and subsequently filed a charge sheet. As a result, the investigation and the cognizance taken of the alleged offences stand vitiated due to non-compliance with Section 155(2) of the Cr.P.C. Under such circumstances, the - 5 - NC: 2025:KHC:10443 CRL.P No. 2737 of 2025 continuation of criminal proceedings would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i. The criminal petition is allowed. ii. The impugned proceedings in C.C.No.1395/2020 pending on the file of V JMFC, Mysuru insofar it relates to the petitioners/accused is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HDK List No.: 2 Sl No.: 1 CT: BHK