- 1 - NC: 2025:KHC:11925 CRL.P No. 2771 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2771 OF 2025 BETWEEN: YOGESH S/O DODDEGOWDA AGED ABOUT 30 YEARS RESIDING AT: DEVIRAHALLI VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK-571 421 MANDYA DISTRICT- 571 421. …PETITIONER (BY SRI. SRINIVAS V.,ADVOCATE) AND: 1. STATE BY BASAWESHWARANAGAR PS, BANGALORE REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. M. BHARATH POLICE INSPECTOR SPECIAL ENQUIRY CELL N.T.PETE, BANGALORE - 560 002. …RESPONDENTS (BY SRI.M R PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH ALL FURTHER PROCEEDINGS IN C.C.NO.4469/2023 PENDING ON THE FILE OF THE COURT OF METROPOLITAN MAGISTRATE TRAFFIC COURT-VI FOR AN OFFENCE P/U/S 79 AND 80 OF KARNATAKA POLICE ACT AS AGAINST THIS PETITIONER ARISING OUT OF Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11925 CRL.P No. 2771 of 2025 CR.NO.92/2022 REGISTERED BY THE BASAVESHWARANAGAR POLICE (RESPONDENT NO.1) FOR AN OFFENCE P/U/S 79 AND 80 OF KARNATAKA POLICE ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner-accused No.27, who is charge-sheeted for the offences punishable under Sections 79 and 80 of Karnataka Police Act, 1963, is before this Court seeking the following relief: "i) Call for records pertaining to C.c.No.4469/2023 pending on the file of Court of Metropolitan Magistrate Traffic Court-VI, Bangalore, ii) quash all further proceedings in CC No.4469/2023 pending on the file of the Court of Metropolitan Magistrate Traffic Court-VI for an offence punishable under Section 79 and 80 of Karnataka Police Act as against this petitioner arising out of Crime No.92/2022 registered by the Basaveshwarnagar Police (Respondent No.1) for an offence punishable under Section 79 and 80 of Karnataka Police Act and, iii) Grant such other reliefs that this Hon’ble Court may deem fit in the interest of justice." 2. The prosecution alleges that on getting a credible information on 08.06.2022 that in a Recreation Club, some persons were playing cards by placing the money as a game of chance, thereafter the police conducted a raid and upon - 3 - NC: 2025:KHC:11925 CRL.P No. 2771 of 2025 inspection, it was discovered that the accused Nos.1 to 22 were playing cards as a game of chance and accused Nos.23 to 27 were working in the Recreation Club. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1-State. 4. A perusal of the charge sheet indicates that the petitioner was only working in the recreation club at the time of the raid and there is no material to substantiate that the petitioner was also engaged in playing cards as a game of chance with other accused. Therefore, in the absence of any material that the petitioner was engaged in gambling, the cognizance taken for the aforesaid offences in so far as it relates to the petitioner stands vitiated. In such circumstances, continuation of proceedings would be an abuse of the process of law. 5. Accordingly, I pass the following order; ORDER: (i) The Petition is allowed. (ii) The impugned proceedings in C.C.No.4469/2023, on the file of Metropolitan - 4 - NC: 2025:KHC:11925 CRL.P No. 2771 of 2025 Magistrate Traffic Court-VI, Bengaluru, in so far as it relates to the petitioner/accused No.27, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BK List No.: 2 Sl No.: 3