- 1 - HC-KAR NC: 2025:KHC-D:11298 CRL.P No. 100668 of 2025 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. 100668 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: MR. BARIKARA MARUTEPPA S/O HANUMANTHAPPA, AGE. 41 YEARS, OCC. AGRICULTURE R/O. HOSAHALLI VILLAGE, TQ. HADAHALI, DIST. VIJAYANAGARA-583 219. … PETITIONER (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH POLICE INSPECTOR, HIREHADAGALI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASHING THE ENTIRE PROCEEDINGS INITIATED AGAINST ACCUSED/PETITIONER IN CC NO.1947/2024 WHICH IS PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT, HUVINAHADAGALI FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KP ACT (HIREHADAGALI P.S. CRIME NO.119/2024) IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS 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:11298 CRL.P No. 100668 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused is before this Court under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in C.C.No.1947/2024 pending before the Court of Civil Judge & JMFC, Hoovina Hadagali, arising out of Crime No.119/2024 registered by Hirehadagalli Police Station, Vijayanagara 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:11298 CRL.P No. 100668 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 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 174(2) of BNSS, 2023, from the jurisdictional Magistrate, FIR in Crime No.119/2024 was registered for the offence punishable under Section 78(3) of the K.P.Act. 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 174(2) of BNSS, 2023, 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 opinion that the impugned proceedings if allowed to continue, - 4 - HC-KAR NC: 2025:KHC-D:11298 CRL.P No. 100668 of 2025 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.1947/2024 pending before the Court of Civil Judge & JMFC, Hoovina Hadagali, arising out of Crime No.119/2024 registered by Hirehadagalli Police Station, Vijayanagara 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.: 19