- 1 - HC-KAR NC: 2025:KHC-D:11296 CRL.P No. 101137 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101137 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: PARSHURAM YANE CHANDRAKANT S/O SIDDAPPA GONDALI, AGE. 42 YEARS, OCC. DRIVER, R/O. MEDAR GALLI, HALIYAL, TQ. HALIYAL, DIST. UTTARA KANNADA-581 329. … PETITIONER (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: STATE OF KARNATAKA, HALIYAL POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ALLOW THE PETITION AND QUASH THE FIR, COMPLAINT, CHARGE-SHEET AND ALL FURTHER PROCEEDINGS PURSUANT TO IT IN C.C.NO.876/2023 (ARISING OUT OF HALIYAL P.S. CR.NO.162/2023) AT ANNEXURE-D PENDING BEFORE LEARNED CIVIL JUDGE AND J.M.F.C.-HALIYAL, IN SO FAR AS ACCUSED NO.2/PETITIONER NO.2 /PETITIONER IS CONCERNED FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT 1963, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS 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:11296 CRL.P No. 101137 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C.No.876/2023 pending before the Court of Civil Judge & JMFC, Haliyal, arising out of Crime No.162/2023 registered by Haliyal Police Station, Uttara Kannada District, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (for short, 'the Act'). 2. Heard the learned counsel for the parties. 3. Learned Counsel for the petitioner submits that even before registration of FIR, raid was conducted and the articles used by the accused persons for the purpose of conducting matka were seized under a panchanama, which is impermissible. Accordingly, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader has opposed the petition. - 3 - HC-KAR NC: 2025:KHC-D:11296 CRL.P No. 101137 of 2024 5. The material on record would go to show that on receipt of the credible information, the first informant and his staff had conducted raid to the alleged spot and had seized the money that was used for the purpose of conducting matka. The seized articles were subjected to panchanama and thereafter, were brought to the police station and after obtaining permission under Section 155(2) of Cr.PC from the jurisdictional Magistrate, FIR in Crime No.162/2023 was registered for the offence punishable under Section 78(3) of the K.P.Act against Manjunath Apparav Mirashi and the petitioner herein. 6. Undisputedly, the offence for which the FIR has been registered is a non-cognizable offence. Even prior to obtaining permission as required under Section 155(2) of Cr.PC., the raid was conducted in the present case by the first informant along with other police staff and certain articles and cash which was used for conducting Matka was also seized and subjected to panchanama. The said panchanama is part of the charge sheet, which is filed in the present case. Therefore, it is apparent that the investigation had commenced in the present case even before registration of FIR. Under the circumstances, I am of the - 4 - HC-KAR NC: 2025:KHC-D:11296 CRL.P No. 101137 of 2024 opinion that the impugned proceedings if allowed to continue, the same would amount to abuse of process of law. Accordingly, the following order: 7. Petition is allowed. The entire proceedings in C.C.No.876/2023 pending before the Court of Civil Judge & JMFC, Haliyal, arising out of Crime No.162/2023 registered by Haliyal Police Station, Uttara Kannada District, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963, as against the petitioner stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 2 SL NO.: 17