- 1 - HC-KAR NC: 2025:KHC-D:12637 CRL.P No. 103803 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103803 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. KOLAKUNTE HANUMANTHAPPA S/O NAGAPPA, AGE. 38 YEARS, OCC. LABOUR, R/O. HARAVI VILLAGE, 1ST WARD, TQ. HOOVINA HADAGALI-583 219, DIST. VIJAYANAGARA. … PETITIONER (BY SRI. BASAVARAJ N. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY ITS SPP , HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 001, (THROUGH HIREHADAGALI P.S.) … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.281/2022 PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC COURT, HOOVINA HADAGALI, BALLARI (ARISING OUT OF CRIME NO.57/2022 REGISTERED BY HIREHADAGALI P.S.) FOR AN OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT 1963 BY ALLOWING THIS CRIMINAL PETITION IN SO FOR AS THIS PETITIONER/ACCUSED IS CONCERNED IN THE INTEREST OF JUSTICE. 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:12637 CRL.P No. 103803 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused is before this Court under Section 482 of Cr.PC read with Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in C.C.No.281/2022 pending before the Court of Prl. Civil Judge & JMFC, Hoovina Hadagalli, Ballari, arising out of Crime No.57/2022 registered by Hirehadagali Police Station, Vijayanagar 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:12637 CRL.P No. 103803 of 2025 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 on 24.03.2022 at 5.00 PM and had seized the money of Rs.16,040/- that was used for the purpose of conducting matka. The other articles which were used for conducting matka were also seized and subjected to panchanama and thereafter, the seized articles were brought to the police station and subsequently, the FIR in Crime No.57/2022 was registered for the offence punishable under Section 78(3) of the K.P.Act. 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. Therefore, the investigation in the case had commenced even prior to registration of FIR in Crime No.57/2022. Therefore, it is apparent that even before registration of the FIR and obtaining permission under Section 155(2) of Cr.P.C., investigation was conducted in the present case which is not permissible in law. Under the circumstances, the entire proceeding gets vitiated and continuation of the same as against the petitioner would amount to abuse of process of law. - 4 - HC-KAR NC: 2025:KHC-D:12637 CRL.P No. 103803 of 2025 6. Under the circumstances, I am of the 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.281/2022 pending before the Court of Prl. Civil Judge & JMFC, Hoovina Hadagalli, Ballari, arising out of Crime No.57/2022 registered by Hirehadagali Police Station, Vijayanagar 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 DN CT:BCK LIST NO.: 1 SL NO.: 44