- 1 - NC: 2025:KHC:15363 CRL.P No. 5275 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5275 OF 2025 BETWEEN: NANDISH @ NANDISH S.J, S/O LATE JAGADISH, AGE ABOUT 38 YEARS, R/O BASAVANABEEDI, IN FRONT OF KOTTALA ANJANEYA TEMPLE, HOLALKERE TOWN, CHITRADURGA DISTRICT - 577 526. …PETITIONER (BY SRI. KIRAN KUMAR H, ADVOCATE) AND: STATE BY HOLALKERE POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE COMPLAINT AND FIR IN CRIME NO.49/2025 REGISTERED BY THE HOLALKERE POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 87 OF THE KARNATAKA POLICE ACT AND SECTION 112(2) OF BNS ACT ON THE FILE OF HONBLE SENIOR CIVIL JUDGE AND JMFC COURT, HOLALKERE, CHITRADURGA DISTRICT BY ALLOWING THIS PETITION AND GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15363 CRL.P No. 5275 of 2025 ORAL ORDER 1. The petitioner, who is facing trial for the offence punishable under Section 87 of the Karnataka Police Act, 1963, is before this Court seeking appropriate relief. 2. The prosecution alleges that, on receiving credible information, a raid was conducted on a farm land and, upon inspection, it was discovered that Accused No. 1, along with other accused persons, was playing Andar-Bahar—a game of chance—by placing bets. 3. The learned Counsel for the petitioner and the learned High Court Government Pleader for the State were heard, and the material on record was duly perused. 4. It is admitted that the offence under Section 87 of the Karnataka Police Act is a non-cognizable offence. Under the provisions of Section 155(2) of the Code of Criminal Procedure (Cr.P.C.), the police are required to obtain permission from the jurisdictional Magistrate before commencing an investigation in such cases. In the instant case, however, the police conducted the investigation without obtaining the requisite permission or order under Section 155(2) Cr.P.C., and thereafter registered the FIR. Such non-compliance vitiates the FIR, and the continuation of the investigation in these circumstances amounts to an abuse of the process of law. ORDER i) The petition is allowed; - 3 - NC: 2025:KHC:15363 CRL.P No. 5275 of 2025 ii) The impugned First Information Report in Crime No.49/2025 registered by Holalkere Police Station for the offence punishable under Section 87 of the Karnataka Police Act, 1963 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE YN List No.: 3 Sl No.: 26 CT: BHK