- 1 - NC: 2025:KHC-D:4776 CRL.P No. 101210 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 101210 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. NARAYAN S/O VITTALA WATI AGE. 37 YEARS, OCC. CLOTH WEAVER, R/O GULEDGUDDA, TQ. BADAMI, DIST. BAGALKOT-587203. 2. SHIDDALINGAPPA S/O BASAPPA PATTANASHETTI AGE. 38 YEARS, OCC. TEACHER, R/O SHIRUR, TQ. BADAMI, DIST. BAGALKOT-587120. 3. SIDDANAGOWDA S/O RAMANAGOUDA GOUDAR AGE. 67 YEARS, OCC. RETD., R/O GULEDGUDDA, TQ. BADAMI, DIST. BAGALKOT-587203. 4. SHIVAPUTRAPPA S/O PAPANNA RAJANAL AGE. 68 YEARS, OCC. RETD., R/O GULEDGUDDA, TQ. BADAMI, DIST. BAGALKOT-587203. 5. HANAMAPPA S/O DODDAPPA WALIKAR AGE. 60 YEARS, OCC. TEACHER, R/O SHIRUR, TQ. BADAMI, DIST. BAGALKOT-587203. 6. ASHOK S/O RANGAPPA RATHOD, AGE. 54 YEARS, OCC. TEACHER, R/O. HANAPUR L T, TQ. BADAMI, DIST. BAGALKOT-587203. 7. SHASHIDHAR S/O PARASHURAMA BIJJAL AGE. 64 YEARS, OCC CLOTH WEAVER, R/O GULEDGUDDA, TQ. BADAMI, DIST. BAGALKOT-587203. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4776 CRL.P No. 101210 of 2024 8. KUBERAPPA S/O NINGAPPA ALADI AGE.68 YEARS, OCC. RETD POLICE, R/O GULEDGUDDA, TQ. BADAMI, DIST. BAGALKOT-587203. …PETITIONERS (BY SRI. PRANAV BADAGI, ADVOCATE APPEARED FOR SRI.S.B. HEBBALLI AND SMT. CHITRA GOUNDALKAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, BY GULEDAGUDDA PS R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, (ARISING OUT OF GULEDAGUDDA NAGAR POLICE STATION, BADAMI CIRCLE, BAGALKOT) 2. I M DUNDASHI AGE.50 YEARS, OCC. POLICE SUB-INSPECTOR, GULEDAGUDDA POLICE STATION, GULEDAGUDDA -587203 REP BY SPP …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; NOTICE TO R2 IS SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO, THE PETITIONERS/ACCUSED NO.1 TO 8 PRAY THAT THE HON’BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO. 1126/2022 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC COURT, BAGALKOTE SITTING AT GULEDGUDDA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 87 OF THE KARNATAKA POLICE ACT, 1963, AND PASS SUCH OTHER ORDER AS DEEMED FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - NC: 2025:KHC-D:4776 CRL.P No. 101210 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR) Accused Nos.1 to 8 have filed this petition under Section 482 of Cr.P.C praying to quash the proceedings in CC No.1126/2022 pending on the file of the Additional Civil Judge and JMFC, Bagalkot, [sitting at Guledagudda] for offence punishable under Section 87 of Karnataka Police Act, 1963 [hereinafter referred to as ‘K.P Act’ for short]. 2. The respondent No.2 - PSI has filed complaint before the Guledagudda Police Station on 21.06.2022, alleging that on 21.06.2022 around at 5:00 PM, he was on patrolling duty, he received an information that few persons are playing Andar-Bahar and gambling with money near Government Higher Primary School. Immediately, he informed the same to the other officials and called upon three other Police officials and two Panchas. Thereafter, he went along with the staff and Panchas and found that the petitioners were playing Andar-Bahar with a playing cards and seized a cash, cards - 4 - NC: 2025:KHC-D:4776 CRL.P No. 101210 of 2024 under a Mahazar and filed a complaint. The said complaint filed by respondent No.2 came to be registered in Guledagudda Police Station under Crime No.84/2022 for offence punishable under Section 87 of the K.P Act against the petitioners. After the investigation, chargesheet has been filed against the petitioners for offences punishable under Section 87 of K.P Act and a Criminal Case No.1126/2022 has been registered against the petitioners. The proceedings of the said criminal case are sought to be quashed by the present petitioners. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondents. 4. Learned counsel for the petitioners would contend that the offence punishable under Section 87 of K.P Act is a non-cognizable offence and the Police have not obtained permission of the Magistrate as required under Section 155 of the Cr.P.C. He placed reliance on the decision of the coordinate Bench of this Court in the case - 5 - NC: 2025:KHC-D:4776 CRL.P No. 101210 of 2024 of Prabhu Urs and Others Vs. The State of Karnataka and Another passed in Criminal Petition No.10836/2023 decided on 30.10.2023. On these grounds, he prayed for quashing of the proceedings. 5. Learned Additional Government Advocate submits that on perusal of entire chargesheet material, there is no requisition by the Police of Guledagudda Police Station, seeking permission to register and investigate the matter. 6. The offence alleged against the petitioners is under Section 87 of K.P Act. The said offence is a non- cognizable offence. The Police have not obtained permission of the Magistrate as required under Section 155(2) of Cr.P.C. 7. In view of non-obtaining of permission of the Magistrate, the proceedings against the petitioners is abuse of process of law. In the result, the following: - 6 - NC: 2025:KHC-D:4776 CRL.P No. 101210 of 2024 ORDER i) The petition is allowed. ii) The proceedings against the petitioners in CC No.1126/2022 pending on the file of the Additional Civil Judge and JMFC, Bagalkot [sitting at Guledagudda] are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ LIST NO.: 1 SL NO.: 27