- 1 - NC: 2025:KHC:12712 CRL.P No. 3327 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3327 OF 2024 BETWEEN: 1. SUDHEEN KUMAR S/O LATE C L MANJUNATH GOWDA, AGED ABOUT 45 YEARS, R/O CHIKKAMAGARAVALLI VILLAGE, ALDUR POST, CHIKKAMAGALURU TALUK AND DIST – 577 101. 2. MOHAMMED JABIULLA S/O AMEER JHAN, AGED ABOUT 37 YEARS, R/O SIBINAKERE VILLAGE, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT – 577 432. 3. TIMMA S/O LATE MUDLA BHOVI, AGED ABOUT 51 YEARS, R/O NEAR BHARATH RICE MILL, KOPPA TOWN, KOPPA, CHIKKAMAGALURU DISTRICT – 577 126. 4. UMESHA M S/O MARIYA NAIKA, AGED ABOUT 53 YEARS, R/O SIDDARAMATHA, KELAKULI, MALLAGA VILLAGE KOPPA TALUK, CHIKKAMAGALURU DISTRICT – 577 126. 5. SHIVAPUTRA R S S/O SATYANARAYANA , AGED ABOUT 35 YEARS, Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:12712 CRL.P No. 3327 of 2024 R/O NO 1214, NEAR JANARDHANA BAKERY HASSAN TOWN, HASSAN – 573 201. 6. RAGHU Y B S/O LATE BASAVARAJU, AGED ABOUT 46 YEARS, R/O HONNANI VILLAGE, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT – 577 201. 7. RAJESH H M S/O MANJUNATHA, AGED ABOUT 33 YEARS, R/O 2ND CROSS, UDAYAGIRI, HASSAN TOWN, HASSAN DIST – 573 201. 8. SHANKAR M N S/O NANJUNDAIAH, AGED ABOUT 63 YEARS, R/O OPP TO MALNAD COLLEGE, VIDYUT NAGARA, SAI NILAYA, HASSAN DIST – 573 201. 9. PRAMOD P S S/O SOMAIAH, AGED ABOUT 37 YEARS, R/O PALGUNI VILLAGE, BANAKAL POST, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT – 577 126. 10. SATHISHA S/O LATE PUTTAIAH, AGED ABOUT 56 YEARS, R/O RAGHAVENDRA LAYOUT, THIRTHAHALLI TALUK, SHIVAMOGGA DIST – 577 432. 11. TEJA C R S/O LATE RAJEGOWDA, AGED ABOUT 31 YEARS, R/O DODDAMAGARAVALLI VILLAGE, - 3 - NC: 2025:KHC:12712 CRL.P No. 3327 of 2024 ALDUR POST, CHIKKAMAGALUR TALUK AND DIST – 577 101. 12. CHANDRASHEKAR S/O LATE NAGARAJ, AGED ABOUT 57 YEARS, R/O BANAKAL, MUDIGERE TALUK, CHIKKAMAGALURU DIST – 577 101. 13. MADHU R GOWDA @ D.R. MADHUKUMAR C/O D.A. RAMEGOWDA AGED ABOUT 42 YEARS, R/AT KANCHIKAL DURGA DODDAMAGARAVALLI, ALDURU POST CHIKKAMAGALURU DISTRICT – 577 101. 14. VENKATESH R/O MAKONAHALLI MUDIGERE TALUK, CHIKKAMAGALURU DIST – 577 101. 15. SHRINATH R/O KANATHI VILLAGE CHIKKAMAGALURU TALUK AND DIST – 577 101. …PETITIONERS (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: THE STATE OF KARNATAKA THE SUB INSPECTOR, CEN CRIME POLICE STATION, CHIKKAMAGALURU – 577 101. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001. …RESPONDENT (BY SRI. M R PATIL, HCGP) - 4 - NC: 2025:KHC:12712 CRL.P No. 3327 of 2024 THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE CHARGE SHEET FILED AGAINST PETITIONERS IN CR.NO.0174/2023 BY THE CHIKKAMAGALURU CEN CRIME POLICE, CHIKKAMAGALURU FOR THE OFFENCE P/U/S 87 OF THE KARNATAKA POLICE ACT, 1963, PENDING ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM AT CHIKKAMAGALURU IN C.C.NO.1603/2023 AT CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, who are facing trial for an offence punishable under Section 87 of the Karnataka Police Act, 1963, have approached this Court seeking the following reliefs: a) To quash the charge sheet filed against them in Crime No. 0174/2023 by the Chikkamagaluru CEN Crime Police, Chikkamagaluru, for the offence punishable under Section 87 of the Karnataka Police Act, 1963, pending before the Principal Senior Civil Judge and CJM at Chikkamagaluru in C.C. No. 1603/2023, in the interest of justice and equity; b) To grant such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. 2. The prosecution alleges that on 27.08.2023, the complainant received credible information via telephone that the accused were playing the game of Andar-Bahar for stakes - 5 - NC: 2025:KHC:12712 CRL.P No. 3327 of 2024 on a public road near Kadumalle Estate at Kanchinakallu Durga, Chikkamagaluru District. The complainant and his staff visited the spot and seized playing cards and cash from the petitioners. 3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent- State. 4. The offence punishable under Section 87 of the Karnataka Police Act is a non-cognizable offence. According to Section 155(2) of the Code of Criminal Procedure (Cr.P.C.), no police officer shall investigate a non-cognizable case without the prior approval of a Magistrate having the authority to try such a case or commit it for trial. In this case, the complainant conducted the investigation on 27.08.2023 and obtained the Magistrate’s approval under Section 155(2) of Cr.P.C. on 28.08.2023. Therefore, conducting the investigation without prior approval vitiates the proceedings due to non-compliance with the mandatory provisions of Section 155(2) of Cr.P.C. 5. Furthermore, the prosecution has not presented substantial evidence to establish that the petitioners were - 6 - NC: 2025:KHC:12712 CRL.P No. 3327 of 2024 playing the game of Andar-Bahar for stakes as a game of chance and not as a game of skill. In such circumstances, the continuation of the criminal proceedings would constitute an abuse of the process of law. 6. In light of the above observations, the following order is passed: ORDER i. The petition is allowed. ii. The impugned proceedings in C.C.No.1603/2023, on the file of Prl. Senior Civil Judge and CJM at Chikkamagaluru is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JS List No.: 1 Sl No.: 7