- 1 - HC-KAR NC: 2025:KHC:19317 CRL.P No. 7265 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7265 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. H KUMARA, S/O HUCHA MAAYEE GOWDA, NOW AGED ABOUT 60 YEARS, R/AT IJJALAGATTA VILLAGE, BRAMHADEVARAHALLI POST, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 432. 2. G.M.JAYARAMU, S/O G.N. MARI GOWDA, NOW AGED ABOUT 61 YEARS, R/AT GANGAVADI VILLAGE, G.MALLIGERE, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 432. 3. DASEGOWDA. S/O JAVARE GOWDA, NOW AGED ABOUT 61 YEARS, R/AT KEERTHIDEEPANILAYA, MULLAKATE ROAD, 2ND CROSS, T.B.EXTENSION, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 432. 4. ANANDA. S/O LATE NARASIMHAMURTHY, NOW AGED ABOUT 48 YEARS, TANK ROAD, NAGAMANGALA, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 432. 5. DAYANANDA, S/O SHYAMANNA, NOW AGED ABOUT 52 YEARS, R/AT BINDIGANAVILE VILLAGE, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 802. …PETITIONERS (BY SRI. K. A. CHANDRASHEKARA, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19317 CRL.P No. 7265 of 2025 AND: 1. THE STATE OF KARNATAKA, BY THE POLICE OF NAGAMANGALA TOWN POLICE STATION, NAGAMANGALA – 571 432. REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. DR.V.J. SHOBARANI DYSP-MANDYA SUB DIVISION, MANDYA CITY, MANDYA DISTICT – 571 401. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 & R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.363/2014 NOW PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, NAGAMANGALA FOR THE OFFENCE PUNISHABLE UNDER SECTION 79 AND 80 OF K.P ACT IN SO FAR AS THE PETITIONERS HEREIN ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek quashing of the proceedings in C.C.No.363/2014 arising out of Crime No.183/2013 registered by the 1st respondent – police, pending on the file of the Senior Civil Judge & JMFC, Nagamangala, for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 (for short “the K.P. Act”). - 3 - HC-KAR NC: 2025:KHC:19317 CRL.P No. 7265 of 2025 2. Heard learned counsel for the petitioners and learned HCGP for respondent Nos.1 and 2 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners were arraigned as accused Nos.2, 5, 9, 16 and 28 in C.C.No.363/2014 along with 24 other accused persons, pursuant to FIR in Crime No.183/2013. The offences alleged against the petitioners and other accused are under Sections 79 and 80 of the K.P. Act 4. In this context, learned counsel for the petitioners invited my attention to the orders of Co-ordinate Benches of this Court in Crl.P.No.918/2019 dated 15.04.2019, Crl.P.No.1826/2022 dated 12.04.2023 and Crl.P.No.9555/2024 dated 04.11.2024 as against accused Nos.1, 4, 10, 15, 18, 24, 25, 27, and 29 and submits that in view of quashment of criminal proceedings qua accused Nos.1, 4, 10, 15, 18, 24, 25, 27 and 29, the present petitioners who are accused Nos.2, 5, 9 16 and 28 in C.C.No.363/2014 would be entitled to seek parity. - 4 - HC-KAR NC: 2025:KHC:19317 CRL.P No. 7265 of 2025 5. A Co-ordinate Bench of this Court in the case of D.K. Barkathulla Vs. State of Karnataka - Crl.P.No.918/2019 dated 15.04.2019, quashed the criminal proceedings qua accused No.1 (in C.C.No.363/2014) and held as under: “Petitioner is before this Court for quashing of the proceedings pending in C.C. No.363/2014 (Crime No. 183/2018), registered by Naganmangala Town police station, for the offences punishable under 79 and 8.) of the Karnataka Police Act which proceedings are pending on the file of learned Senior Civil Judge & JMFC, Nagamangala. 2. The gist of the prosecution case is as follows:- The Sub Inspector of Police had received a credible information on 01.12.2013 at about 4.00 p.m., that in the premises situated at Coconut plantation belonging to Sri Mallegowda, Koppalu village, Nagamangala, some persons were playing cards game of "Andhar Bahar" by indulging in gambling Police have raided said place along witi staff on the same day, that is, on 01.12.2013 at about 5.00 p.m., and found that petitioner w playing the game "Andhar Bahar along with other accused persons and alleging it is a game of chance, they seized cash of Rs. 1.11,910/- and other materials and apprehended petitioners. 3. I have heard the arguments of Sri Ajit P.B., learned counsel appearing for the petitioner and Sri S.Rachaiah, learned HCGP appearing for the State Perused the records. - 5 - HC-KAR NC: 2025:KHC:19317 CRL.P No. 7265 of 2025 4. The contention of Sri Ajit P.B., learned counsel appearing for the petitioner is that offences alleged against petitioner are non-cognizable and without obtaining permission from the jurisdictional Magistrate as contemplated under Section 155(2) of Cr.P.C, same has been registered and investigation has been taken up and as such proceedings can be continued as it is illegal. He would also elaborate his submissions by contending that playing the game of cards as "Andhar Bahar is a game of skill and nor a game of chance. proceedings. Hence, prays for quashing of proceedings. 5. However, the learned High Court Government Pleader appearing for the respondent-State would defend the initiation of prosecution against petitioners and prays for dismissal of the petition contending permission from Magistrate been obtained. 6. Having heard the learned Advocates sppearing for the parties and on perusal of records, it would not detain the Court for long to accept the submissions of learned counsel appearing for the petitioner inasmuch as, material on record does not disclose that permission as prescribed under Sub- Section (2) of Section 155 of Cr.P.C. had been obtained from the jurisdictional Magistrate by the respondent before registering the FIR in question for the offences punishable under Sections 79 & 80 of the Karnataka Police Act which undisputedly is a non-cognizable offence. Thus, illegality in not obtaining permission as required under Section 155(2) of Cr.P.C. continues and such the continuation of proceedings against petitioner would be abuse of process of law as it - 6 - HC-KAR NC: 2025:KHC:19317 CRL.P No. 7265 of 2025 cannot stand the test of law. On this short ground itself, petitioner has to succeed. Hence, I proceed to pass the following:- ORDER (i) Criminal Petition is hereby allowed. (ii) Proceedings against petitioner in C.C.No.363/2014 (Crime No.183/2018) pending on the file of Senior Civil Judge and JMFC, Nagamangala stands quashed and petitioner is acquitted of the above said offences. In view of disposal of the petition, I.A.No.1/2018 for stay does not survive for consideration and it stands rejected.” 6. A Co-ordinate Bench of this Court in the case of Vijay Kumar Vs. State of Karnataka - Crl.P.No.1826/22022 dated 12.04.2023, quashed the criminal proceedings qua accused No.4 (in C.C.No.363/2014) and held as under: “This petition filed by the petitioner/accused No.4 under section 482 of Cr.P.C for quashing the criminal proceeding in C.C.No.363/2015 pending on the file of Senior Civil Judge and JMFC, Nagamangala, Mandya arising out of Crime No.183/2013 registered by Nagamangala Town Police Station, Nagamangala for the offence punishable under Sections 79 and 80 of Karnataka Police Act (herein after referred as KP Act). 2. Heard the arguments of learned counsel for petitioner and learned HCGP. - 7 - HC-KAR NC: 2025:KHC:19317 CRL.P No. 7265 of 2025 3. The case of the prosecution is that on the credible information, the police Sub-Inspector of Nelamangala police, raided the land of one Ellegowda where the accused persons including this petitioner said to be playing the Andar and Bahar gambling and the police have seized on Rs.1,11,910/- and also the play cards, chair and table. After seizing the same police registereed FIR and filed the charge sheet, which is under challenge. 4. The Learned counsel for the petitioner submits, the police have not obtained any permission from the Magistrate under section 155 (2) of Cr.P.C before registering the FIR, they directly registered FIR and filed charge sheet, thereby there is a gross violation of principle laid down by co-ordinate Bench of this Court in Vaggeppa Gurulinga Jangaligi (Jangalagi) Vs. The State of Karnataka, Through PSI, Kagwad Police Station, Belagavi reported in ILR 2020 KAR 630. 5. Per contra learned HCGP objected the petition. 6. Having heard the arguments and perused the records, especially the complaint filed by the defacto complainant who is PSI, who filed the complaint after raiding and seizing materials, cash and came to the police registered the FIR and after registering the FIR, charge sheet has been filed. Absolutely there is no averments made in the complaint or any other documents to show the informant approached the Magistrate under section 155 (1) of Cr.P.C and obtained permission under section 155 (2) of Cr.P.C but directly - 8 - HC-KAR NC: 2025:KHC:19317 CRL.P No. 7265 of 2025 registered FIR and filed the charge sheet which is against the provision of section 155 of Cr.P.C and also judgment of coordinate bench of this court. 7. Considering the same, I am of the view without obtaining the permission, when the offence is non cognizable offence punishable under sections 79 and 80 of KP Act, the criminal proceeding cannot be sustainable. Hence, deserves to be quashed. Accordingly this petition is allowed. Consequently, the criminal proceedings registered against the petitioner in C.C.No.363/2015 pending on the file of Senior Civil Judge and JMFC, Nagamangala, Mandya arising out of Crime No.183/2013 registered by Nagamangala Town Police Station, Nagamangala, is hereby quashed. The cash of Rs.1,11,910/- seized from this petitioner by the respondent police is confiscated to the State In view of disposal of main petition, I.A.No.1/2022 does not survive for consideration. Accordingly I.A.No.1/2022 is disposed of.” 7. A Co-ordinate Bench of this Court in the case Sri. Krishnappa M.V. and others Vs. State of Karnataka - Crl.P.No.9555/2014 dated 04.11.2024, quashed the criminal - 9 - HC-KAR NC: 2025:KHC:19317 CRL.P No. 7265 of 2025 proceedings qua accused No.10, 15, 18, 24, 25, 27 and 29 (in C.C.No.363/2014) and held as under: “This petition is filed by petitioners/accused Nos.10, 15, 18, 24, 25, 27 and 29 under Section 482 of Cr.P.C. for quashing the criminal proceedings in CC No.363/2014 pending on the file of the Senior Civil Judge and JMFC, Nagamangala, Mandya, arising out of Cr.No.183/2013 registered by Nagamangala Police for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 (for short 'KP Act'). 2. Heard the arguments of learned counsel for the petitioners and the learned High Court Government Pleader for the respondent/State. 3. The case on the prosecution is that on the credible information, the Police Sub-Inspector of Nagamangala Town Police, went to the land of one Ellegowda where the accused persons including these petitioners were said to be playing 'Andhar Bhahar' gambling in a RCC thatched house, seized cash of Rs.1,11,910/- and other materials namely play cards, chair and table. After seizing the same, the police registered FIR and filed the charge sheet, which is under challenge. 4. Learned counsel for the petitioner submits that the police have registered FIR and filed charge sheet without obtaining permission of the Magistrate under Section 155(2) of Cr.P.C. There is no proper investigation in the matter and - 10 - HC-KAR NC: 2025:KHC:19317 CRL.P No. 7265 of 2025 these petitioners have been falsely implicated in the case. This Court has already quashed the criminal proceedings against accused No.4 in Crl.P.No.1826/2022 on 12.04.2023 and the co-ordinate Bench quashed the criminal proceedings against accused No.1 in Crl.P.No.918/2019 dated 15.04.2019. Hence, sought for quashing of the criminal proceedings against these petitioners. 5. Per contra, the learned High Court Government Pleader opposed the petition. 6. Having heard the arguments and perused the records, of course the allegations against the petitioners is said to be playing 'Andhar Bhahar' gambling. The police who filed the complaint after raid and seized cash and other materials, registered FIR and filed the charge sheet directly without approaching the Magistrate under Section 155(1) of Cr.P.C. and without obtaining the permission from the Magistrate under Section 155(2) of Cr.P.C. There is a grave violation of Section 155(2) of Cr.P.C. Hence, I am of the view that the offence is non-cognizable and punishable under Sections 79 and 80 of the Act. Hence, the criminal proceedings against these petitioners cannot be sustainable and the same deserves to be quashed. Accordingly, the following: ORDER 1. Petition is allowed. 2. The criminal proceedings registered against the petitioners/accused Nos.10, 15, 18, 24, 25, 27 and 29 in C.C.No.363/2015 pending on the file of Senior Civil Judge and JMFC, Nagamangala, Mandya, arising out of Cr.No.183/2013 registered by - 11 - HC-KAR NC: 2025:KHC:19317 CRL.P No. 7265 of 2025 Nagamangala Town Police Station, Nagamangala, is hereby quashed. 3. In view of disposal of main petition, I.A.No.1/2024 does not survive for consideration and the same stands disposed of.” 5. In the instant case, it is an undisputed fact that proceedings as against Nos.1, 4, 10, 15, 18, 24, 25, 27 and 29, have been quashed by Co-ordinate Benches of this Court in aforesaid criminal petitions and consequently, by applying the doctrine of parity, proceedings against the petitioners - accused Nos.2, 5, 9 16 and 28 in this petition also deserves to be quashed. 6. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The proceedings in C.C.No.363/2014 arising out of FIR in Crime No.183/2013 registered by the 1st respondent – Police, pending on the file of the Senior Civil Judge and JMFC, Nagamangala, for the offences punishable under Sections 79 and 80 of the K.P. Act, insofar as the petitioners-accused Nos.2, 5, 9 16 and 28 are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 2 Sl No.: 94