- 1 - HC-KAR NC: 2025:KHC-D:13825 CRL.P No. 104132 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104132 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. UDAY S/O. RAMAKRISHNA SHETTY, AGE. 37 YEARS, OCC. BUSINESS, R/O. DHARMANABYLE, CHIPAGI, TQ. SIRSI, DIST. UTTARA KANNADA-581402. …PETITIONER (BY SRI. PRANAV UMESH BADAGI, ADVOCATE FOR SRI. R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (BANAVASI POLICE STATION) R/BY STATE PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN BANAVASI POLICE STATION IN P.S. CRIME NO.47/2025, FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KP ACT, PENDING CC NO.1153/2025 ON THE FILE OF III ADDITIONAL JMFC COURT, SIRSI, SO FAR AS PETITIONER WHO IS ARRAYED AS ACCUSED NO.2, TO MEET THE ENDS OF JUSTICE. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13825 CRL.P No. 104132 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) This petition is filed by the petitioner seeking to quash the entire proceedings in Crime No.47/2025 of respondent/Police for offence punishable under Section 78(3) of Karnataka Police Act, 1963, pending in CC No.1153/2025 on the file of III Additional JMFC Court, Sirsi. Factual matrix of the case; 2. The case of the prosecution is that, on 22.04.2025 when the complainant was in Police Station, he received an information that Matka was being played on the public road near Ajjarani Cross, Surab Road. After receiving such information, she took the permission from Court and went to the spot. The persons who were playing Matka, after seeing the vehicle tried to run away from the spot. - 3 - HC-KAR NC: 2025:KHC-D:13825 CRL.P No. 104132 of 2025 However, they apprehended accused No.1. On enquiry, he discloses the name of accused No.2, who is the petitioner in this case. The matter is pending for investigation. 3. Heard the learned counsel Sri.Pranav Umesh Badagi for learned counsel Sri.R.H.Angadi appearing for the petitioner and the learned counsel Sri.Jairam Siddi appearing for the respondent. 4. It is the submission of the learned counsel for the petitioner that the respondent/Police did not follow the procedure prescribed in a case where the FIR has to be registered in non-cognizable offences. Instead of following the said procedure, they directly filed a complaint without obtaining the permission from the learned Magistrate. Therefore, the entire proceedings have to be vitiated. Having said thus, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader vehemently submitted that prior to filing of FIR, permission was sought for and it was granted by the - 4 - HC-KAR NC: 2025:KHC-D:13825 CRL.P No. 104132 of 2025 learned Magistrate. Hence, there is no illegality or infirmity in the order. Therefore, the petition is deserved to be dismissed. 6. I have heard the learned counsels for respective parties and also perused the averments of the complaint. 7. On perusal of the complaint it would indicate that the petitioner has been charge-sheeted on the basis of the statement of the co-accused. Admittedly, he was not present at the spot. The Investigating Officer has not collected any material to show that he was facilitating accused No.1 to deposit the money in Matka. Mere making the statement by the co-accused against the petitioner is not sufficient to array him as accused, unless materials are collected by the Investigating Officer against the petitioner. Therefore, it is appropriate to allow the petition. 8. Accordingly, I proceed to pass the following; - 5 - HC-KAR NC: 2025:KHC-D:13825 CRL.P No. 104132 of 2025 ORDER i) The Criminal Petition is allowed. ii) The entire Criminal proceedings in Crime No.47/2025 of Banavasi Police Station for the offence punishable under Section 78(3) of Karnataka Police Act, 1963 pending in CC No.1153/2025 on the file of III Additional JMFC Court, Sirsi, are hereby quashed. Sd/- (S.RACHAIAH) JUDGE PJ, CT: UMD List No.: 1 Sl No.: 38