- 1 - NC: 2025:KHC:1097 CRL.P No. 4969 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4969 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI SEENAPPA S/O LATE CHIKKANARAYANAPPA, AGED ABOUT 62 YEARS, R/AT KANNAMAPALLI VILLAGE, CHINTHAMANI TALUK, CHIKKABALLAPURA 563125 2. SRI KRISHNAPPA P S S/O LATE SONNAPPA, AGED ABOUT 68 YEARS, R/AT PERAMACHANAHALLI VILLAGE, CHINTHAMANI TALUK CHIKKABALLAPURA 563125 3. SRI KRISHNA B M S/O LATE MUNISHAMI, AGED ABOUT 70 YEARS, R/AT KANNAMAPALLI VILLAGE, CHINTHAMANI TALUK CHIKKABALLAPURA 563125 4. SRI RAJANNA M S/O LATE MUNIYAPPA AGED ABOUT 55 YEARS, R/AT KANNAMAPALLI VILLAGE, CHINTHAMANI TALUK CHIKKABALLAPURA 563125 5. SRI NARAYANASWAMY S/O LATE ANNAYYA SHETTY, AGED ABOUT 67 YEARS, R/AT TUNK BUND ROAD, CHINTHAMANI TOWN, CHIKKABALLAPURA 563125 Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1097 CRL.P No. 4969 of 2024 6. SRI CHAMARAJA S/O LATE Y K NAGAYYA AGED ABOUT 57 YEARS, R/AT ANJANI BADAVANE CHINTHAMANI TOWN, CHIKKABALLAPURA 563125 7. SRI ASHOKA REDDY S/O BYRAREDDY, AGED ABOUT 59 YEARS, R/AT KANNAMAPALLI VILLAGE, CHINTHAMANI TALUK CHIKKABALLAPURA 563125 8. SRI PRABHU S/O LATE AKKULAPPA, AGED ABOUT 43 YEARS, R/AT CHOWDAREDDYPALYA VILLAGE, CHINTHAMANI TOWN, CHIKKABALLAPURA 563125 9. SRI RAGHUNATHA REDDY S/O LATE VENKATA REDDY, AGED ABOUT 58 YEARS, R/AT ASWANI BADAVANE CHINTHAMANI TOWN, CHIKKABALLAPURA 563125 10. SRI MURTHY S/O LATE NARAYANA SWAMY AGED ABOUT 53 YEARS, R/AT NEAR NNT TEMPLE ROAD, CHINTHAMANI TOWN, CHIKKABALLAPURA 563125 11. SRI SHIVANAYAKA S/O LATE DAKKA NAYAKA AGED ABOUT 54 YEARS, R/AT TUNK BOND ROAD, CHINTHAMANI TOWN, CHIKKABALLAPURA 563125 12. SRI RAVI S/O RAMAPPA AGED ABOUT 50 YEARS, R/AT ASHWINI BADAVANE CHINTHAMANI TOWN, CHIKKABALLAPURA 563125 - 3 - NC: 2025:KHC:1097 CRL.P No. 4969 of 2024 13. SRI MANJUNATHA REDDY S/O ANJINAPPA, AGED ABOUT 48 YEARS, R/AT KANNAMAPALLI VILLAGE, CHINTHAMANI TOWN, CHIKKABALLAPURA 563125 …PETITIONERS (BY SRI. RAJESHA SHETTIGARA, ADVOCATE) AND: STATE OF KARNATAKA BY CHINTHAMANI RURAL P S, CHINTHAMANI SUB DIVISION, CHIKKABALLAPURA 563125 REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE 560001 …RESPONDENT (BY SMT. M.M. WAHEEDA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS OF C.C.NO.2531/2023 INITIATED BY THE RESPONDENT POLICE PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, CHINTHAMANI, CHIKKABALLAPURA ARISED OUT OF FIR IN CR.NO.340/2023 DATED 30.08.2023 AS AGAINST THE PETITIONERS (ACCUSED NO.1 TO 13) FOR OFFENCE P/U/S 79 AND 80 OF THE KARNATAKA POLICE ACT, 1963 VIDE ANNEXURE-F THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:1097 CRL.P No. 4969 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek quashing of the proceedings in C.C.No.2531/2023 pending on the file of Prl.Civil Judge and JMFC, Chinthamani, arising out of FIR in Crime No.340/2023 as against the petitioners for the alleged offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963. 2. Heard learned counsel for the petitioners and learned HCGP for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that it is the specific contention of the petitioners that pursuant to FIR in Crime No.340/2023 which is registered for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963, which are non-cognizable offences, the respondent – police have sought for permission from the learned Magistrate who proceeded to grant the same by permitting the Investigating Officer to proceed with the investigation and filed the charge sheet against the petitioners. A perusal of the impugned order passed by the learned Magistrate will indicate that the same is laconic, cryptic, non-speaking and - 5 - NC: 2025:KHC:1097 CRL.P No. 4969 of 2024 unreasoned order and without application of mind, which is not permissible in law as held by this Court in the case of The Padubidri Members Lounge & others vs. Director General & Inspector General of Police – W.P.Nos.42073-75/2018 Dated 03.10.2018. Consequently, in view of the endorsement made by the learned Magistrate does not satisfy the mandatory requirements contained in Section 155(2) of Cr.P.C., I am of the considered opinion that the impugned proceedings deserve to be quashed. 4. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.2531/2023 arising out of FIR in Crime No.340/2023 registered by the 1st respondent – Police, pending on the file of Prl.Civil Judge & JMFC, Chintamani, Chikkaballapura, against the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 2 Sl No.: 7