- 1 - NC: 2025:KHC:18383 CRL.P No. 7493 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 7493 OF 2025 BETWEEN: 1. SRI. VENU, S/O SRIRAMAPPA, AGED ABOUT 28 YEARS, R/AT KADIRANNAGARIPALLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA -561 207. 2. SRI. MANJUNATHA, S/O NARASIMHAPPA, AGED ABOUT 45 YEARS, R/AT TEEMAKALAPALLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA -561 207. 3. SRI. VISHWANATHA, S/O CHANDRASHEKARA REDDY, AGED ABOUT 47 YEARS, R/AT 16TH WARD, BAGEPALLI TOWN, BAGEPALLI TALUK, CHIKKABALLAPURA - 561 207. 4. SRI. NARESH, R/AT 23RD WARD, S/O NARASIMHAPPA, AGED ABOUT 36 YEARS, BAGEPALLI TALUK, BAGEPALLI TOWN, CHIKKABALLAPURA - 561 207. 5. SRI. VINOD KUMAR, S/O K. SEENAPPA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18383 CRL.P No. 7493 of 2025 AGED ABOUT 35 YEARS, R/AT 12TH WARD BAGEPALLI TOWN, BAGEPALLI TALUK, CHIKKABALLAPURA - 561 207. 6. SRI. RAGHU, S/O LATE SRINIVASAPPA, AGED ABOUT 38 YEARS, R/AT PATHABAGEPALLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA - 561 207. 7. SRI. CHETHAN, S/O ADINARAYANAPPA, AGED ABOUT 29 YEARS, R/AT 23RD WARD BAGEPALLI TOWN, BAGEPALLI TALUK, CHIKKABALLAPURA - 561 207. 8. SRI. NARASIMHAMURTHY, S/O NAGAPPA, AGED ABOUT 33 YEARS, R/AT 3RD WARD, BAGEPALLI TOWN, BAGEPALLI TALUK, CHIKKABALLAPURA - 561 207. 9. SRI. VENKATESH, S/O SRINIVAS, AGED ABOUT 33 YEARS, R/AT 3RD WARD, BAGEPALLI TOWN, BAGEPALLI TALUK, CHIKKABALLAPURA - 561 207. 10. MR. ANJINAPPA T.L. S/O LAKSHMANA, AGED ABOUT 42 YEARS, R/AT TURIKESHAVALLI, - 3 - NC: 2025:KHC:18383 CRL.P No. 7493 of 2025 CHAKAVELU POST, BAGEPALLI TALUK, CHIKKABALLAPURA- 563 124 WORKING AS HC-173, TRAFFIC POLICE STATION, CHIKKABALLAPURA 563 207. …PETITIONERS (BY SRI. RAJESHA SHETTIGARA, ADVOCATE) AND: STATE OF KARNATAKA BY BAGEPALLI P.S CHIKKABALLAPURA SUB DIVISION, CHIKKABALLAPURA - 563 207 REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE-560001 …RESPONDENT (BY SMT.N.ANITHA GIRISHA, HCGP) CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.172/2025 REGISTERED BY THE BAGEPALLI POLICE PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DVN.) AND JMFC, BAGEPALLI, CHIKKABALLAPURA AS AGAINST THE PETITIONERS (ACCUSED NO.1 TO 10) FOR OFFENCE P/U/S 87 OF THE K.P. (AMENDMENT) ACT, 2021 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 4 - NC: 2025:KHC:18383 CRL.P No. 7493 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs. "To quash the FIR in Crime No.172/2025 registered by the Bagepalli police pending on the file of Principal Civil Judge (Jr.Div) & JMFC, Bagepalli, Chikkaballapura as against the petitioners (Accused No.1 to 10) for offence punishable under Section 87 of the Karnataka Police (Amendment) Act, 2021 vide ANNEXURE-A and pass such other order or direction that deems fit to grant in the circumstances of the case in the interest of justice and equity." 2. By way of the above petition, the petitioner is challenging the order dated 17.05.2025 passed in Cr.No.172/2025 by the Principal Civil Judge (Jr.Div) & JMFC, Bagepalli, Chikkaballapura, permitting the jurisdictional police, i.e. the Bhagyapalli Police to investigate the matter. 3. The submission of the learned counsel for the petitioner is that the said order is cryptic, not detailed and has not considered all the aspects and therefore, the permission to investigate is required to be quashed, so also the proceedings are required to be quashed. 4. The impugned order reads as under: "SHO Sri.Shaik Sanaulla C.H.C-56 Bagepalli police station is present before me in my Chamber - 5 - NC: 2025:KHC:18383 CRL.P No. 7493 of 2025 at 3:30 P.M on 17/05/2025. to this Court along with a requisition to permit the police officer to investigate the offence punishable under Section 87 of Karntaka Police Act. This Court has perused the requisition submitted by the Sri.Shaik Sanaulla C.H.C-56 Bagepalli police station The gist of the allegation is that, the complainant i.e. Sri P.S.I Sunil Kumar Bagepalli police station filed complaint before the S,H.O of Bagepalli Police Station stating that on 16/05/2025 at 09.30 P.M he received credible information that some persons were illegally gambling near the banks Thimakalpalli Village of on the basis of the complaint, the S.H.O has the complainant along with a requisition seeking permission investigate into the matter. On perusal of the requisition filed and submissions made by the C.H.C 56 of Bagepalli Police Station it discloses the commission of the offences punishable under Section 87 KP Act which is non-cognizable in nature and there are prima- facie materials to investigate the said offence. The person who has given information to SHO of Bagepalli police station has not been referred to me. However I can't compel to do so as there is a bar U/s 131 of Bharatiya Sakshya Adhiniyama, 2023. Signature of C.H.C-56 Bagepalli police station is obtained in the order sheet. Hence, this Court proceeds to pass the following: ORDER Acting under Section 174(2) of BNSS, the police is hereby permitted to investigate the alleged offence. - 6 - NC: 2025:KHC:18383 CRL.P No. 7493 of 2025 The SHO of Bagepalli police station shall investigate the matter and submit the report. 5. In the petition what has been produced is the last line of the aforesaid order. A perusal of the order passed by the Civil Judge and JMFC, Bagepalli as above would indicate that he has applied his mind to the matter. Considered the requisition, the allegations made therein and the nature of offence, which has been alleged against the petitioner and thereafter, permitted the Bagepalli Police to investigate the matter. All the aspects, which are required to be considered by the Civil Judge and JMFC, have been considered in the proper perspective and the same answers, the requirement of the judgment in the case of Keval M. Lohith Vs. State of Karnataka in Crl.P.No.4969/2020 dated 10.01.2025. 6. In that view of the matter, I do not find any merit in the above petition. Hence, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE BH List No.: 3 Sl No.: 13