- 1 - NC: 2025:KHC:6179 WP No. 32568 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.32568 OF 2024 (GM-RES) BETWEEN: 1. SRI BALRAJ @ BABU S/O N VENKATACHALA, AGED ABOUT 49 YEARS, NO.1030, NAGARAKUNTE DOWN, KATARIPALYA, KOLAR CITY, TALUK AND DISTRICT 563101. 2. SRI NAZEER S/O MOHAMMAD YAKUB AGED ABOUT 45 YEARS, KATARIPALYA, KOLAR CITY, TALUK AND DISTRICT 563101. 3. SRI MUBARAK KHAN S/O LATE BASHEER KHAN AGED ABOUT 42 YEARS, TAMAKA, KOLAR CITY, TALUK AND DISTRICT 563101. 4. SRI GURURAJ RAO S/O G S SURYANARAYANA RAO AGED ABOUT 49 YEARS, NO.154, 3RD CROSS, BEHIND RAMA TEMPLE, MUNESHWAR NAGARAM KOLAR CITY, TALUK AND DISTRICT 563101. 5. SRI NARAYANGOWDA S/O MUNIVENKATAPPA, AGED ABOUT 47 YEARS, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6179 WP No. 32568 of 2024 CHANNAPURA VILLAGE, KOLAR TALUK AND DISTRICT 563101. 6. SRI RAJESH S/O KRISHNAPPA, AGED ABOUT 45 YEARS, NO.193, KATARIPALYA, KOLAR CITY, TALUK AND DISTRICT 563 101. 7. SRI SHRINATH S/O RAMACHANDRAPPA K R, AGED ABOUT 49 YEARS, NO.10/1, 1ST MAIN, 2ND CROSS, GANDHINAGARA, KOLAR CITY, TALUK AND DISTRICT 563 101. 8. SRI SHRINIVAS GANGADAKAR S/O RAMANNA AGED ABOUT 48 YEARS, KATARIPALYA, KOLAR CITY, TALUK AND DISTRICT 563101. 9. SRI DEVARAJ S/O ANCHE DODDA NARAYANAPPA AGED ABOUT 65 YEARS, KATARIPALYA, KOLAR CITY, TALUK AND DISTRICT 563 101. 10. SRI VENKATESH S/O SRIRAMULU AGED ABOUT 46 YEARS, NO.460, GOKUL COLLEGE MAIN ROAD, HAROHALLI, KOLAR CITY, TALUK AND DISTRICT 563 101. 11. SRI SAMPATH KUMAR S/O HANUMANTHU, AGED ABOUT 49 YEARS, BESIDE SAI BABA TEMPLE, NEW EXTENSION, KOLAR CITY, TALUK AND DISTRICT 563 101. - 3 - NC: 2025:KHC:6179 WP No. 32568 of 2024 12. SRI VISHWANATHA S/O NARAYANAPPA AGED ABOUT 47 YEARS KATARIPALYA, KOLAR CITY, TALUK AND DISTRICT 563 101. 13. SRI SATISH S/O KITAPPA AGED ABOUT 34 YEARS 4TH MAIN, GANDHINAGARA, KOLAR CITY, TALUK AND DISTRICT 563101. 14. SRI SATISH J S/O NARAYANAPPA AGED ABOUT 47 YEARS KATARIPALYA, KOLAR CITY, TALUK AND DISTRICT 563 101. …PETITIONERS (BY SRI. ANANDA B V., ADVOCATE) AND: THE STATE OF KARNATAKA BY KOLAR POLICE STATION, IN CRIME NO.309/2021 REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA R/W UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.159/2024 REGISTERED BY THE KOLAR TOWN POLICE PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT KOLAR FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION U/S 79 AND 80 OF KP ACT AND 15A OF THE KARNATAKA EXCISE ACT, IN SO FAR AS THE PETITIONERS ARE CONCERNED AT ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 4 - NC: 2025:KHC:6179 WP No. 32568 of 2024 ORAL ORDER In this petition, petitioners seek the following reliefs: “ a. Issue a writ in the nature of certiorari or any other appropriate writ and quash the entire proceedings in Cr.No.159/2024 registered by the Kolar Town Police pending on the file of Principal Civil Judge and JMFC at Kolar for the alleged offences punishable under Section U/s 79 and 80 of KP Act and 15A of the Karnataka Excise Act, in so far as the Petitioner are concerned at Annexure-A. b. Issue a writ of Mandamus directing the respondents to release the amount of Rs.1,59,530/- which has been seized from the petitioners. c. To grant any such other reliefs or order or direction as this Hon’ble Court deems fit under the facts and circumstances of the case to meet the ends of Justice.” 2. Heard learned counsel for the petitioners and learned Addl. SPP for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that respondent has initiated proceedings against the petitioners for the alleged offence under Sections 79 and 80 of the Karnataka Police Act, 1963, which are non-cognizable offence as well as under Section 15(A) of the Karnataka Excise Act, 1965, which is also non-cognizable offence. - 5 - NC: 2025:KHC:6179 WP No. 32568 of 2024 4. The material on record also discloses that necessary permission under Section 155(2) of Cr.P.C. was not obtained by the respondent before investigation thereby rendering the impugned proceedings vitiated as held by this Court in the case of Vageppa Gurulingo Jongoligi Vs. State of Karnataka – ILR 2020 KAR 630. 5. In addition thereto, in the case of Sri. Yaseen Vs. The State of Karnataka – Crl.P.No.201214/2015 C/w Crl.P.No.201215/2015 dated 16.03.2016 under identical circumstances, in relation to the offence under Section 15(A) of the Karnataka Excise Act, the Co-ordinate Bench of this Court was pleased to quash the proceedings impugned in the said petition. Under these circumstances, in view of non-obtaining of permission under Section 155(2) of Cr.P.C. and in the light of the judgments of Vageppa and Yaseen supra, continuation of the impugned proceedings would amount to abuse of process of law and the same deserves to be quashed. 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. - 6 - NC: 2025:KHC:6179 WP No. 32568 of 2024 (ii) The impugned proceedings in Crime No.159/2024 registered by the respondent – State against the petitioners are hereby quashed. (iii) Liberty is reserved in favour of the petitioner to file appropriate application under Section 451 and 457 of Cr.P.C. which shall be considered by the learned Magistrate, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 61