- 1 - HC-KAR NC: 2025:KHC-D:11168 CRL.P No. 100577 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100577 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. SIDDAPPA BUTHALI VATASA, AGE: 35 YEARS, OCC: COOLIE, R/O: GOURIBEERI VILLAGE, TALUK: AFZALPUR – 585 301, DIST: KALABURAGI, NOW R/AT: ANJANEYA NAGAR, SHIVSHAKTINAGAR, TALUK AND DIST: DHARWAD – 580 001. …PETITIONER (BY SRI. BASAVARAJ PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY ITS SPP, HIGH COURT OF KARNATAKA , DHARWAD BENCH, DHARWAD – 580 001. (THROUGH SUB URBAN P.S. DHARWAD) …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1307/2024 PENDING ON THE FILE OF PRL. CIVIL JUDGE AND PRL. JMFC DHARWAD (ARISING OUT OF CRIME NO.44/2024 REGISTERED BY SUB URBAN P.S. DHARWAD) FOR AN OFFENCE PUNISHABLE UNDER SECTION 96(B) OF KARNATAKA POLICE ACT 1963 BY ALLOWING THE CRIMINAL PETITION INSOFOR AS THIS PETITIONER IS CONCERNED THE INTEREST OF JUSTICE. THIS WRIT PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11168 CRL.P No. 100577 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court with a prayer to quash the entire proceedings in C.C. No.1307/2024 pending before the Court of Principal Civil Judge, Dharwad arising out of Crime No.44/2024 registered by Sub-Urban Police Station, Dharwad for offence punishable under Section 96(b) of Karnataka Police Act, 1963. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that even if the allegations found in the first information and charge sheet is presumed to be true, the alleged offences cannot be made out against the petitioner. He submits that there is no compliance of Section 155(2) of Cr.P.C. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. 5. Section 96 of the Karnataka Police Act, 1963 provides for punishment to an accused who is found under suspicious circumstances between sunset and sunrise. Section 96(b) of the Karnataka Police Act, 1963 reads as follows: - 3 - HC-KAR NC: 2025:KHC-D:11168 CRL.P No. 100577 of 2025 “96(b) having his face covered, or otherwise disguised with intent to commit an offence.” 6. There is no such allegation in the first information that the petitioner had his face covered or otherwise disguised with the intent to commit the offence on the alleged date when he was found between sunset and sunrise by the first respondent. Therefore, a serious doubt arises whether the offence punishable under Section 96(b) of the Karnataka Police Act, 1963 gets attracted against the petitioner. Even otherwise, the alleged offence is non-compoundable in nature and therefore, compliance of Section 155(2) of Cr.P.C. becomes necessary in the matter before registering FIR and investigating the case. 7. In the case on hand, the order allegedly passed under Section 155(2) of Cr.P.C. on 06.03.2024 is not found in the order sheet maintained by the Jurisdictional Court in the impugned criminal proceedings. The Co-ordinate Bench of this Court in Vaggeppa Gurulinga Jangaligi (Jangalagi) vs. The State of Karnataka, through PSI, Kagwad Police Station, Belagavi1 has observed that any order passed under Section 1 ILR 2020 KAR 630 - 4 - HC-KAR NC: 2025:KHC-D:11168 CRL.P No. 100577 of 2025 155(2) Cr.P.C., should find place in the order sheet of the Court in which the further proceedings of the case is continued. Under the circumstances, I am of the opinion that the impugned criminal proceedings if allowed to be continued, the same would amount to abuse of process of law. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in C.C. No.1307/2024 pending before the Court of Principal Civil Judge, Dharwad arising out of Crime No.44/2024 registered by Sub-Urban Police Station, Dharwad for offence punishable under Section 96(b) of Karnataka Police Act, 1963 against the petitioner is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH/CT-ASC List No.: 1 Sl No.: 49