- 1 - NC: 2025:KHC:6256 CRL.P No. 1188 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1188 OF 2025 BETWEEN: 1. SAMPANGIRAMAIAH S/O LATE NAGAPPA AGE ABOUT 65 YEARS R/A MAKALIDURGA VILLAGE, TUBAGARE HOBALI, DODDABALLAPURA TALUK, BENGALURU RURAL DIST 561 203 KARNATAKA. (PRESIDENT OF MAKALI DURGA SPORTS ASSOCIATION) 2. PRAKASH R S/O RAMADASAPPA AGED ABOUT 54 YEARS R/A VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DIST. 562 110 KARNATAKA. 3. PRABHAKAR SON OF S RAJU AGE ABOUT 44 YEARS R/A MAKALIDURGA VILLAGE, TUBAGA HOBALI, DODDABALLAPURA TALUK, BENGALURU RURAL DIST - 561 203 KARNATAKA. 4. MAYURA SON OF NARASIMHAPPA AGE ABOUT 30 YEARS R/A G BOMMASANDRA VILLAGE, THONDEBAVI HOBALI, GOWRIBIDANURU TALUK, CHICKBALLAPURA - 562 208, KARNATAKA. 5. SURESH S/O LATE VENKATARAMANAPPA AGE ABOUT 35 YEARS R/A G BOMMASANDRA VILLAGE, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6256 CRL.P No. 1188 of 2025 THONDEBAVI HOBALI. GOWRIBIDANURU TALUK, CHICKBALLAPURA - 562 208, KARNATAKA. 6. VENKATESHAPPA S/O GANGAPPA AGE ABOUT 48 YEARS R/A G BOMMASANDRA VILLAGE, THONDEBAVI HOBALI, GOWRIBIDANURU TALUK, CHICKBALLAPURA - 562 208, KARNATAKA. 7. SHOMASHEKAR K S/O LATE CHINNAPPA AGE ABOUT 52 YEARS R/A RAJEEV GANDHI BADAVANE, 2ND STAGE, KASABA HOBALI, DODDABALLAPURA TALUK, BENGALURU RURAL DIST - 561 203 KARNATAKA 8. ANJINAPPA S/O LATE CHANGAPPA AGE ABOUT 54 YEARS R/A ROJIPURA, DODDABALLAPURA TOWN, BENGALURU RURAL DIST - 561 203 KARNATAKA. …PETITIONERS (BY SRI MADURAJA, ADVOCATE FOR SRI. MELANIE SEBASTIAN, ADVOCATE) AND: STATE OF KARNATAKA BY THE POLICE INSPECTOR/SHO DODDABALLAPURA RURAL POLICE STATION REP BY SPP, HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P 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 CRIMINAL PROCEEDINGS REGISTERED IN DODDABALLAPURA RURAL POLICE STATION IN C.C.NO.2696/2024 (ARISING OUT OF CR.NO.188/2024) ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, DODDABALLAPURA BY SET ASIDE THE ORDER DATED 12.08.2024 TAKING COGNIZANCE FOR THE OFFENCE U/S - 3 - NC: 2025:KHC:6256 CRL.P No. 1188 of 2025 80 OF THE K.P. ACT AND REGISTERING THE CASE FOR THE SAID OFFENCE AND ISSUING PROCESS. 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, the petitioners seek the following relief: "Quash the Criminal Proceedings registered in Doddaballapura Rural Police Station in C.C.No.2696/2024 (arising out of Crime No.188/2024) on the file of Prinicipal Civil Judge and JMFC, Doddaballapura by set aside the order dated 12.08.2024 taking cognizance for the offence under section 80 of the Karnataka Police Act and registering the case for the said offence and issuing process." 2. A perusal of the material on record would indicate that pursuant to the impugned complaint dated 10.06.2024 which was registered as FIR in Crime No.188/2024 for the offence punishable under Section 80 of the Karnataka Police [Amendment] Act, 2021, the respondent-Police submitted a requisition to the learned Magistrate for permission to investigate the aforesaid non- cognizable offence against the petitioner. In pursuance of the same, the learned Magistrate has granted permission to proceed with the matter pursuant to which charge sheet was filed against the petitioners who are before this Court by way of present petition. - 4 - NC: 2025:KHC:6256 CRL.P No. 1188 of 2025 3. A perusal of the impugned order dated 12.08.2024 passed by the learned Magistrate taking cognizance of the offence reads as under: "Accordingly cognizance taken for the offence punishable under section 80 of KP Act. Hence, register the case against the accused persons as CC in consent register III [Criminal] for the above offences. Issue summons to accused persons. R/by 28.11.2024." 4. A perusal of the impugned order passed by the learned Magistrate under Section 80 of the aforesaid Act against the petitioners/accused persons will indicate that the same is cryptic, unreasonable non-speaking order, without application of mind and without assigning any reason as to why cognizance of the offence was being taken by the trial Court which is contrary to the principles laid down by the Co-ordinate Bench of this Court which is required in the case of 'ARJUN ANJANEYA REDDY v. STATE OF KARNATAKA' in Crl. P. No.9078/2024 disposed of on 27.09.2024. 5. Under these circumstances, in view of the aforesaid non-speaking order without application of mind while taking cognizance, I am of the considered opinion that the impugned - 5 - NC: 2025:KHC:6256 CRL.P No. 1188 of 2025 order deserves to be set aside and the matter remitted back to the trial Court for reconsideration afresh in accordance with law. In the result, the following: ORDER [a] The petition is allowed. [b] The impugned proceedings in C.C. No.2696/2024 arising out of Crime No.188/2024 of Doddaballapura Rural Police Station on the file of Principal Civil Judge and JMFC, Doddaballapura are set aside. [c] The matter is remitted back to the trial Court for reconsideration afresh in accordance with law and bearing in mind the observations made in this order and the Judgment of this Court in ARJUN ANJANEYA REDDY's case supra. Sd/- (S.R.KRISHNA KUMAR) JUDGE AN/- List No.: 1 Sl No.: 41