- 1 - HC-KAR NC: 2025:KHC:23149 CRL.P No. 8884 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8884 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. RAVINDRA S/O. BHALAKRISHNA, AGED ABOUT 43 YEARS, R/O. MARASHETTIHALLI VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT – 573 201 2. SURESHA, S/O, RANGEGOWDA, AGED ABOUT 50 YEARS, R/O. VIDHYA NAGARA CR PATNA TOWN HASSAN DISTRICT – 573 201 3. SURESHA, S/O. LATE LAKKEGOWDA AGED ABOUT 61 YEARS, R/O. ANEKERE VILLAGE DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT – 573 201 4. JAYARAM S/O. C. NANJAPPA AGED ABOUT 61 YEARS, R/O. DIDIGA ROAD, HIRISAVE TOWN CHANARAYAPATTNA TALUK HASSAN DISTRICT – 573 201 5. RANGASWAMY S/O LATE SHIVARAMGOWDA, AGED ABOUT 49 YEARS, R/O. KUMBENAHALLI VILLAGE, DANDIGANAHALLI HOBLI, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23149 CRL.P No. 8884 of 2025 CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 201 6. SHIVASHANKARA S/O, MUDDAPPAGOWDA AGED ABOUT 55 YEARS, R/O, SAMPIGE ROAD, KUVEMPU NAGARA, CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573 201 7. RAMESHA S/O. MARIYAPPA, AGED ABOUT 53 YEARS, R/O. GAYITHRI EXTENTION, CHANNARAYAPATNA TALUK, HASSAN DISTRICT – 573 201 8. MANJEGOWDA, S/O. SIDDEGOWDA, AGED ABOUT 51 YEARS, R/OUDHAYAPURA VILLAGE DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, 573201 HASSAN DISRICT – 573 201. 9. RAGHU, S/O, NANJAPPA, AGED ABOUT 51 YEARS, R/O, BARALU VILLAGE, S BELAGOLA HOBLI, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 201 10. NAGARAJA, S/O, BOREGOWDA AGED ABOUT 46 YEARS, R/O, BARALU VILLAGE S BELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT – 573 201 11. SHAMBHULINEGEGOWDA, S/O, NINGAPPA AGED ABOUT 49 YEARS, R/O, D KALENAHALLI VILLAGE KASABA HOBLI CHANNARAYAPATNA TALUK - 3 - HC-KAR NC: 2025:KHC:23149 CRL.P No. 8884 of 2025 HASSAN DISTRICT – 573 201 12. RANGASWAMY, AGED ABOUT 67 YEARS, S/O BYATARAYA R/O, MEGALAKRI, CHANNARAYAPATNA TOWN HASSAN DISTRICT – 573 201 13. ABDHUL SUBHAN S/O, ABDHUL RAHAMAN AGED ABOUT 63 YEARS R/O, GANDHI CIRCLE, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 201 14. JAYARAMA S/O NANJEGOWDA, AGED ABOUT 61 YEARS R/O SUNDALLI VILLAGE, S BELAGULA HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573 201 …PETITIONERS (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: STATE OF KARNATAKA THE SUB-INSPECTOR BY CHANNARAYAPATANA TOWN POLICE STATION, CHANNARAYAPATANA, HASSAN DISTRICT – 573 201 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001. …RESPONDENT (BY SMT. SOWMYA R., HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATTED AGAINST PETITIONERS IN C.C.NO.961/2024 ARISING OUT OF CR.NO.108/2024 BY THE CHANNARAYAPATNA TOWN POLICE, CHANNARAYAPATNA, FOR THE OFFENCES PUNISHABLE UNDER SECTION 79, 80 OF THE K.P ACT, 1963, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC COURT, AT CHANNARAYAPATANA, HASSAN DISTRICT. - 4 - HC-KAR NC: 2025:KHC:23149 CRL.P No. 8884 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seeks the following relief: "a) Pleased to Quash the entire criminal proceedings initiated against petitioners in CC No.961/2024 (arising out of Crime No.108/2024) by the Channarayapatna Town Police, Channarayapatna for the offence punishable u/s. 79, 80 of the Karnataka Police Act, 1963, pending on the file of Prl. Civil Judge and J.M.F.C. Court at Channarayapatana, Hassan Dist. In the interest of justice and equity. b) Grant such other relief’s as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard the learned counsel for the petitioners and the learned HCGP for the respondent and perused the materials on record. 3. A perusal of the material on record will indicate on 31.03.2024, the Police Inspector received credible information that in the Contractor Recreation Club, Hassan Bangalore Road, Channarayapatana Town, some persons were playing Andar – Bahar game of cards. He secured permission from the Court to - 5 - HC-KAR NC: 2025:KHC:23149 CRL.P No. 8884 of 2025 register case as required under Section 155(2) of Cr.P.C., raided the placed, seized all the materials and registered FIR in Crime No.108/2024, which is presently pending in C.C.No.961/2024 before the Trial Court, which is assailed in the present petition. 4. A perusal of the material on record will indicate that the respondent – Police without obtaining necessary mandatory permission from the jurisdictional Magistrate under Section 155(2) of Cr.P.C., since the said offences are non-cognizable offences, have proceeded with the investigation and filed charge sheet. A perusal of the impugned order dated 12.08.2025 passed by the learned Magistrate will indicate that the same is laconic, cryptic, non-speaking and 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 which 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. - 6 - HC-KAR NC: 2025:KHC:23149 CRL.P No. 8884 of 2025 5. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.961/2024 arising out of FIR in Crime No.108/2024 registered by the 1st respondent – Police, pending on the file of Principal Civil Judge and JMFC, Channarayapatna, Hassan District, against the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 80