- 1 - HC-KAR NC: 2025:KHC-D:11747 CRL.P No. 103532 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103532 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. A. RAJA, AGE. 37 YEARS, OCC. MANAGER, R/O. W.NO.32, ANJINEYA TEMPLE, NAGALKERI, HOSPET ROAD, BALLARI-583 101. 2. GURUNATH REDDY, AGE. 65 YEARS, OCC. FARMER, R/O. 2ND CROSS, GAVI SIDDESHWAR NILAYA, NEHARU COLONY, BALLARI-583 101. 3. MOHIN, AGE. 43 YEARS, OCC. LABOURER, R/O. W.NO.30, AZAD NAGAR, FATH MASJID, NEAR COWLBAZAR, BALLARI-583 101. 4. V. NAVEEN KUMAR, AGE. 42 YEARS, OCC. DRIVER, R/O. SAI TIFFANS CENTRE, OPPOSITE 2ND ROAD, EMIGANOOR ROAD, KURNOOL, ANDHRA PRADESH-518 560. 5. GADILINGAYYA, AGE. 67 YEARS, OCC. FARMER, R/O. HARAGINADONI VILLAGE, TQ. BALLARI, BALLARI-583 101. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11747 CRL.P No. 103532 of 2025 6. KAVALI RAMUDU, AGE. 40 YEARS, OCC. LABOURER, R/O. SIRAGAPURA VILLAGE, ADONI MANDALAM, KURNOOL, ANDHRA PRADESH-518 560. 7. PAMPAPATHI B.K., AGE. 58 YEARS, OCC. BUSINESSMAN, R/O. SREENAGARA 9TH CROSS, TALURU ROAD, BALLARI-583 101. 8. CHANDBASAHA, AGE. 41 YEARS , OCC. NIL, R/O. WARD NO.24, H.NO.97, KODALAPETE, ADONI, KURNOOL, ANDHRA PRADESH-518 560. 9. THIRMALA REDDY H., AGE. 43 YEARS , OCC. NIL, R/O. WARD NO.35, 2ND CROSS, SHASTRI NAGAR, BALLARI-583 101. 10. GADILINGAPPA H.S., AGE. 38 YEARS, OCC. DRIVER, R/O. NEAR JANDAKATTE, SHIVALINGA NAGAR, BALLARI-583 101. 11. JOGI JAGADISH, AGE. 37 YEARS, OCC. LABOURER, R/O. WARD NO.04, NEAR MASQUE, KOLAGAL VILLAGE, BALLARI-583 101. 12. KIRAN, AGE. 25 YEARS, OCC. COMPUTER PROFESSIONAL, R/O. WARD NO.01, MARUTHINAGARA, NEAR ANJANEYA TEMPLE, BALLARI-583 101. 13. V. GULEPPA, AGE. MAJOR, OCC. LABOURER, - 3 - HC-KAR NC: 2025:KHC-D:11747 CRL.P No. 103532 of 2025 R/O. SANJEEVARAYANKOTE, BALLARI, BALLARI-583 101. 14. KRISHNA NAIK, AGE. 52 YEARS, OCC. LABOURER, R/O. HONNALLI THANDA VILLAGE, TQ. BALLARI, BALLARI-583 101. 15. VENKATASUBBIAH J., AGE. 56 YEARS, OCC. LABOURERS, R/O. OPP. MSR HOSPITAL, SN PET, BALLARI-583 101. 16. SURYA CHANDRA RAO @ B. SRINIVASULU, AGE. 55 YEARS, OCC. FARMER, R/O. V T CAMP, NEAR DUMMUR, TQ. KAMPLI, BALLARI-583 101. 17. UMAPATHI NAIK, AGE. 42 YEARS, OCC. LABOURER, R/O. HONNALLI THANDA VILLAGE, BALLARI-583 101. 18. GURUMURTHI AGE. 55 YEARS, OCC. FARMER, R/O. DAROJI VILLAGE, TQ. SANDUR, BALLARI-583 101. 19. RAJU G., AGE. 56 YEARS, OCC. BUSINESSMAN, R/O. CHALESWARA TEMPLE STREET, BIGMARKET, BALLARI-583 101. 20. VEERABADRA, AGE. 47 YEARS, OCC. LABOURER, R/O. BEHIND ANJANEYA TEMPLE, KARIMAREMMA TEMPLE, BALLARI-583 101. 21. HONNURAYYA, AGE. 34 YEARS, OCC. NIL, R/O. WARD NO.2, NEAR MAREMMMA TEMPLE, - 4 - HC-KAR NC: 2025:KHC-D:11747 CRL.P No. 103532 of 2025 SIDAGINAMOLA VILLAGE, BALLARI-583 101. 22. PRASANNA KUMAR, AGE. 36 YEARS, OCC. BUSINESSMAN, R/O. WARD NO.34, 3RD CROSS, KUVEMPU NAGARA, BALLARI-583 101. 23. PARAMESHWAR, AGE. 34 YEARS, OCC. FACTORY WORKER, R/O. WARD NO.3, NEAR ANJINEYA TEMPLE, KUREKUPPA VILLAGE, TQ. SANDUR, DIST. BALLARI-583 101. 24. MANJUNATHA, AGE. 45 YEARS, OCC. LABOURER, R/O. WARD NO.17, AYYAPPA SWAMY COLONY, ATP ROAD, BALLARI-583 101. 25. SATHISH, AGE. 42 YEARS, OCC. NIL, R/O. NEAR PRABATH TALKIES, CAR STREET, BALLARI-583 101. 26. DEVENDRA K., AGE. 45 YEARS, OCC. FARMER, R/O. RAGHAVENDRA COLONY, BALLARI-583 101. 27. NAGARAJA K., AGE. 54 YEARS, OCC. NIL, R/O. NEAR KGB BANK, HOSA DAROJI VILLAGE, BALLARI-583 101. 28. MANJU K., AGE. 30 YEARS, OCC. LABOURERS, R/O. JANATHA NAGARA, KOLAGALLU VILLAGE, BALLARI-583 101. 29. GAVISIDDA, AGE. 43 YEARS, OCC. FARMER, - 5 - HC-KAR NC: 2025:KHC-D:11747 CRL.P No. 103532 of 2025 R/O. JALIHALU VILLAGE, TQ. BALLARI, BALLARI-583 101. 30. SEENA, AGE. 45 YEARS, OCC. DRIVER, R/O. 3RD CROSS, GURU COLONY, BALLARI-583 101. 31. VENKATESH GOWDA K., AGE. 49 YEARS, OCC. BUSINESSMAN, R/O. MOKA VILLAGE, TQ. BALLARI, BALLARI-583 101. 32. RAMANJINEYALU, AGE. 43 YEARS, OCC. LABOURER, R/O. BASAVANAKUNTE, SIRUGUPPA ROAD, BALLARI-583 101. 33. SURESH BABU AGE. 52 YEARS, OCC. FARMER, R/O. 2ND CROSS, VIDHYA NAGARA, BALLARI-583 101. 34. MANOHAR, AGE. 59 YEARS, OCC. FARMER, R/O. 3RD CROSS, VIDHYA NAGARA, BALLARI-583 101. 35. SHAIK GULAM HUSSEN, AGE. 42 YEARS, OCC. DRIVER, R/O. WARD NO.19, NEAR SOUDI GUJARI, ADONI, KURNOOL, ANDHRA PRADESH. 36. VALIBASHA, AGE. 53 YEARS, OCC. DRIVER, R/O. WARD NO.25, HAVANAPETE, ADONI, KURNOOL, ANDHRA PRADESH-518 560. 37. ERANNA, AGE. 50 YEARS, OCC. FARMER, R/O. PEDDA THUMBALAM VILLAGE, - 6 - HC-KAR NC: 2025:KHC-D:11747 CRL.P No. 103532 of 2025 ADONI MANDALAM, KURNOOL, ANDHRA PRADESH-518 560. 38. NATARAJ, AGE. 48 YEARS, OCC. NIL, R/O. NEHARU COLONY, AP OFFICE ROAD, HOSAPETE, VIJAYNAGARA-583 201. 39. CHANDRASHEKARA, AGE. 42 YEARS, OCC. LABOURER, R/O. WARD NO.1, PARVATHI NAGARA, SIRUGUPPA, BALLARI-583 101. 40. HONNUR SWAMY, AGE. 47 YEARS, OCC. LABOURER, R/O. KK HALU VILLAGE, TQ. BALLARI, BALLARI-583 101. 41. MURTHI P., AGE. 56 YEARS, OCC. FARMER, R/O. NEAR NAYANASWAMY TEMPLE, KUDITHINI VILLAGE, BALLARI-583 101. 42. HUSSAIN, AGE. 45 YEARS, OCC. LABOURER, R/O. BEHIND SELECT TALKIES, KADAPA STREET, CB BALLARI, BALLARI-583 101. 43. BASAVARAJ, AGE. 50 YEARS, OCC. LABOURER, R/O. NEAR EDABANK, KAPPAGAL ROAD, BALLARI-583 101. 44. KUMAR, AGE. 47 YEARS, OCC. COOK, R/O. RAJEEV GANDHI NAGAR, CANTONMENT BALLARI, BALLARI-583 101. 45. BALAKRISHANA, AGE. 59 YEARS, OCC. BUSINESSMAN, - 7 - HC-KAR NC: 2025:KHC-D:11747 CRL.P No. 103532 of 2025 R/O. 5TH CROSS, VIDYANAGARA, BALLARI-583 101. 46. NAGARAJ, AGE. 48 YEARS, OCC. AUTO-RICKSHAW DRIVER, R/O. VINAYAK NAGAR, HOSPET ROAD, TQ. BALLARI, DIST. BALLARI-583 101. … PETITIONERS (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY KUDLIGI P.S., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENCH DHARWAD-580 001. 2. T. SUBHASH CHANDRA, AGE. 42 YEARS, OCC. POLICE OFFICER, R/O. GOVINDAGIRI TANDA VILLAGE, TQ. KUDLIGI DIST. BALLARI-583 135. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), SEEKING TO QUASHING THE CRIMINAL PROCEEDINGS INITIATED ON THE BASIS OF COMPLAINT AND FIR IN CRIME NO.0208/2025 REGISTERED BY THE COWLBAZAR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 79 AND 80 OF KARNATAKA POLICE ACT AND SECTIONS 15(A), 32(3) OF THE KARNATAKA EXCISE ACT, ON THE FILE OF 2ND ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, BALLARI, DISTRICT BALLARI, IN SO FAR AS PETITIONERS/ACCUSED NO.1 TO 46 ARE CONCERNED. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC-D:11747 CRL.P No. 103532 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court in this petition filed under Section 528 of BNSS, 2023 read with Section 482 of Cr.P.C., with a prayer to quash the FIR in Crime No.208 of 2025 registered by Cowlbazar Police Station, Ballari City Sub-Division, Ballari District for the offences punishable under Sections 79 and 80 of the Karnataka Police Act and Section 15(A) and 32(3) of the Karnataka Excise Act. 2. Heard the learned counsel for the parties. 3. Learned counsel appearing for the petitioners having reiterated the grounds urged in the petition submitted that the Offences punishable under the Karnataka Police Act are non-cognizable offences. There is no compliance of Section 155(2) of the Cr.P.C. in the present case. So far as the offence punishable under the provisions of Karnataka Excise Act is concerned, the same - 9 - HC-KAR NC: 2025:KHC-D:11747 CRL.P No. 103532 of 2025 does not get attracted in the present case. There is no seizure of any liquor in the present case and on the other hand, only empty bottles have been seized, which were kept outside the room in which the petitioners were playing the game of Andar-Bahar. 4. Per Contra, learned HCGP has opposed the petition. She submits that the investigation of the case is under progress. Accordingly, she prays to dismiss the petition. 5. In the first information, which is submitted in the present case, it is stated that based on a credible information received, the raid was conducted to the premises situated adjacent to Kavya Bar and Restaurant and from the said premises the petitioners were apprehended. The petitioners were found playing the game of Andar-Bahar using cards who were apprehended and from their possession the cards which were used to play the game of Andar-Bahar and also their mobile phones and - 10 - HC-KAR NC: 2025:KHC-D:11747 CRL.P No. 103532 of 2025 money which was allegedly used for gambling was recovered. In addition to the same, empty brandy bottles, whiskey bottles, plastic glasses and water bottles were also seized and thereafter FIR was initiated against the petitioners. Assailing the same, the petitioners are before this Court. 6. Section 15-A of the Karnataka Excise Act provides for punishment for consumption or allowing consumption of liquor in unlicensed public places. For the purpose of attracting the offence punishable under Section 15-A, the accused should have consumed or should have allowed to consume liquor in unlicensed public places. The word public place has been defined in Explanation-1 provided to Section 15-A. Public place means, any public office or any place of public amusement or resort, recreation centre or on board, any passenger boat or vessel or any public passenger vehicle or a dining or refreshment room in a restaurant or hotel, where different individuals or groups of persons consume food, but shall not include any - 11 - HC-KAR NC: 2025:KHC-D:11747 CRL.P No. 103532 of 2025 private residential room or private residential house. In the case on hand, the accused were found playing cards in a private residential room and therefore the said room cannot be considered as a public place for the purpose of Section 15-A. Section 32(3) of the Karnataka Excise Act provides that whoever, being the owner or in charge of management or control of any public place allows consumption of liquor or whoever consumes liquor in any public place in which consumption of liquor is not permitted under a license granted by the Act shall be punished. Even for the purpose of Section 32, the Act should have been committed in a public place, as defined under Explation-1 of Section 15-A and therefore, even the offence punishable under Section 32(3) of the Act does not get attracted in the present case against the petitioners who were found playing cards in a private residential room. 7. So far as the offences punishable under the provisions of Karnataka Police Act are concerned, undisputedly they are non-cognizable offences and - 12 - HC-KAR NC: 2025:KHC-D:11747 CRL.P No. 103532 of 2025 compliance of Section 155(2) of the Cr.P.C. is mandatory before registering the FIR or commencing the investigation for the said offences. Perusal of the material on record would go to show that there is no compliance of Section 155(2) of the Cr.P.C. and therefore, the impugned criminal proceedings registered against the petitioners, if allowed to continue would amount to abuse of process of law. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in FIR in Crime No.208 of 2025 registered by Cowlbazar Police Station, Ballari City Sub-Division, Ballari District for the offences punishable under Sections 79 and 80 of the Karnataka Police Act and Section 15(A) and 32(3) of the Karnataka Excise Act stands quashed as against the petitioners herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 106