- 1 - HC-KAR NC: 2025:KHC-D:14911 CRL.P No. 104311 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104311 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SIDDAPPA P.TATAYYA, AGE. 45 YEARS, OCC. LABOURER, R/O. HIREKERUR, BALAMBIDA CROSS, TQ. HIREKERUR, DIST. HAVERI-581110. …PETITIONER (BY SRI SADYOJIT R. BALIGATTIMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, BY HIREKERUR POLICE STATION, HAVERI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:14911 CRL.P No. 104311 of 2025 HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973 (SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF THE KARNATAKA POLICE (AMENDMENT) ACT, 2021, IN C.C.NO.244/2024, ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT HIREKERUR, DISTRICT HAVERI AND ETC., THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:14911 CRL.P No. 104311 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is arraigned as accused No.2 in C.C.No.244/2024, pending on the file of Senior Civil Judge and JMFC, Hirekerur, in Haveri District has approached this Court seeking for quashing the criminal proceedings in C.C. No.244/2024 on the file of the Senior Civil Judge and JMFC at Hirekerur for offence punishable under section 78(3) of the Karnataka Police Act (for brevity, ‘K.P.Act’). 2. The factual matrix of the case is that on 01.03.2024, around about 19.00 hours, when the complainant was on patrolling duty, he received an information stating that some unknown persons were conducting online casino game(OC) near Hirekerur bus stop. On receiving the said information, the complainant has informed the higher officials and took the staffs and panch witnesses, went to the spot. - 4 - HC-KAR NC: 2025:KHC-D:14911 CRL.P No. 104311 of 2025 3. On reaching the said spot, the complainant has noticed that accused No.1 was standing on the public road and he was informing the public that he would pay Rs.80/- for one rupee and asked the persons to play online casino game. He was surrounded by the complainant and his staff and recovered the materials which was being used for the purpose of playing casino game. 4. On enquiry, the accused No.1 has informed the complainant that accused No.2 had instructed him to play the game on payment basis. 5. Based on the said information, a complaint came to be registered in Crime No.41/2024. Thereafter, after conducting investigation, submitted the charge sheet. 6. Heard Sri. Sadyojit R. Baligattimath, learned counsel for petitioner and Sri Jairam Siddi, learned High Court Government Pleader for respondent - State and perused the material placed before the Court. - 5 - HC-KAR NC: 2025:KHC-D:14911 CRL.P No. 104311 of 2025 7. The submission of learned counsel for the petitioner is that, the procedure in registering the case for non- cognizable offence has not been followed by the authority. Therefore, the FIR has to be quashed, consequently, further proceedings has to be dropped. 8. Per contra, learned High Court Government Pleader for respondent - State has vehemently submitted that the procedure required to be followed in a case where the offences are considered as non-cognizable has been followed by the Investigating Officer. The charge sheet has already been submitted. At this stage, the prayer of the petitioner ought not to be granted. 9. Heard learned counsel for the respective parties and perused the complaint and FIR and also the charge sheet. - 6 - HC-KAR NC: 2025:KHC-D:14911 CRL.P No. 104311 of 2025 10. Before adverting to the other facts, it is relevant to refer Section 155 (2)of Cr.P.C / Section 174(2) of BNSS. “174. Information as to non-cognizable cases and investigation of such cases. (1)When information is given to an officer in charge of a police station of the commission within the limits of such station of a non- cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,- (i) refer the informant to the Magistrate; (ii) forward the daily diary report of all such cases fortnightly to the Magistrate. (2)No police officer shall investigate a non- cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. (3)Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. - 7 - HC-KAR NC: 2025:KHC-D:14911 CRL.P No. 104311 of 2025 (4)Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.” 11. On reading of the said provision, it makes clear that in a case of an information regarding non-cognizable offence is made out, the officer in-charge of the police station within the limits of such incident had taken place has to enter the information in a book to be kept by such officer and refer the informant to the Magistrate. It is further stated that, no police officer shall investigate a non-cognizable offence without the order of the Magistrate having power to try such case. 12. Such being the settled principle of law, registering the FIR without obtaining the permission from the Magistrate, is unsustainable and the entire proceedings has to be vitiated. - 8 - HC-KAR NC: 2025:KHC-D:14911 CRL.P No. 104311 of 2025 13. In the light of the observation made above, I proceed to pass the following: ORDER i) The petition is allowed. ii) The criminal proceedings in C.C.No.244/2024, pending on the file of the Court of Senior Civil Judge and JMFC, Hirekerur, in Haveri District, registered against the petitioner/accused No.2, for the offence punishable under section 78(3) of the K.P. Act, is hereby quashed. iii) In view of disposal of the petition, pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 24