- 1 - NC: 2025:KHC:17132 CRL.P No. 6127 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6127 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. DEVANANDA S/O SRINIVAS, AGED ABOUT 60 YEARS R/AT NO.08, OPPOSITE TO ANAND HONDA SHOWROOM, SUBBANNA LAYOUT, DHODDATHOGORU, ELECTRONIC CITY 1ST STAGE, BENGALURU - 560 100. 2. RAJU S/O RANGASWAMI AGED ABOUT 57 YEARS R/AT NO.88/14, 3RD CROSS, KEMPEGOWDANAGAR, BENGALURU - 560 019. 3. ADHIMULAM S/O LATE RANGANATHAN AGED ABOUT 40 YEARS R/A NO.5/9, JAKKAPATTI VILLAGE, KARIMANGALAM TALUK DARMAPURI DISTRICT, TAMILNADU-635 111. 4. ARUNA, S/O LATE BASAVALINGAIAH AGED ABOUT 38 YEARS R/A 1ST CROSS, 3RD MAIN ROAD, RT NAGAR, BENGALURU-560 032. …PETITIONERS Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17132 CRL.P No. 6127 of 2025 (BY SRI. ROHAN S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KENGERI PS, BENGALURU DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. DAYANADA M J, AGED ABOUT 50 YEARS, FATHER NAME NOT KNOWN, POLICE INSPECTOR - CCB, SPECIAL ENQUIRY WING NT PETE, BENGALURU - 560 018. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.458/2024 PENDING ON THE FILE OF HON'BLE METROPOLITAN MAGISTRATE (TRAFFIC COURT-2), BANGALORE FOR THE OFFENCES P/U/S 78(3) OF THE KARNATAKA POLICE ACT, 1963, REGISTERED BY THE RESPONDENT NO.1/KENGERI PS. 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 who are facing investigation for the offence punishable under Sections 78(3) of the - 3 - NC: 2025:KHC:17132 CRL.P No. 6127 of 2025 Karnataka Police Act, 1963 are before this Court seeking relief. 2. The prosecution alleges that, on 16.9.2024, on receiving credible information that an unknown person are playing video game in a room, the complainant and his staff raided the house and upon search, it was discovered that the petitioners herein were playing video game by placing bets. 3. The learned Magistrate after accepting the charge sheet took cognizance of the aforesaid offences. Taking exception of the same, accused Nos.1,2, 3, 4, are before this Court. 4. Heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State. 5. The issue involved in this petition is squarely covered by the decision of the Coordinate Bench of this Court in the Crl.P.No.5552/2017 and other connected matters disposed of on 15.11.2027, wherein, it is held that the offence under Section 78(3) of the Karnataka Police Act, is a non cognizable offence and the police before conducting investigation were required to take permission from the jurisdictional magistrate as specified under Section 155(2) of the Cr.PC. - 4 - NC: 2025:KHC:17132 CRL.P No. 6127 of 2025 6. In the instant case, on receiving credible information, the Police without obtaining order under Section 155(2) of Cr.P.C., has conducted investigation. Therefore, the conducting of investigation culminating in taking cognizance of the offence under Section 78(3) of the K.P. Act stands vitiated for non compliance of the mandatory provisions contained in Section 155(2) of the Cr.PC. In such circumstances, the continuation of the investigation against the petitioners would be an abuse of the process of law. 7. Accordingly, I pass the following order: ORDER i. The Criminal Petition is allowed. ii. The impugned FIR in Crime No.458/2024 registered by the Keneri Police Station, insofar it relates to the Petitioners herein, stands quashed. iii. The respondent No.1 is hereby directed to release the seized 18 computers from the accused No.3 and 4 forthwith. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR, List No.: 1 Sl No.: 145