Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29710 CRL.P No. 8177 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 8177 OF 2025
BETWEEN:
1.
SRI. RANGASWAMY .S S/O SHIVAPPA AGED ABOUT 47 YEARS R/O GUDDADA SANTHENAHALLI VILLAGE KASABA HOBLI, HOLALKERE TALUK CHITRADURGA KARNATAKA STATE - PIN CODE 577 526. …PETITIONER
(BY SRI. P. NEHRU, ADVOCATE)
AND:
1.
STATE OF KARNATAKA REP BY SPP HIGH COURT COMPLEX BENGALURU-560001.
2.
MR. M.B. CHIKKANNANAVAR AGED ABOUT 46 YEARS WORKING AS C P I, HOLALKERE TOWN CHITRADURGA DISTRICT-PINCODE 577 526. …RESPONDENTS
(BY SRI. ANOOP KUMAR, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS AGAINST HIM IN CRIME NO.023/2025 OF HOLALKERE POLICE, THE RESPONDENT HEREIN FOR THE ALLEGED OFFENCES P/U/S 87
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:29710 CRL.P No. 8177 of 2025
OF THE KARNATAKA POLICE ACT, 1963, 112(2) OF BNS, 2023 PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, HOLALKERE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned HCGP is directed to accept notice to respondent No.1.
2. This petition is filed by accused No.7 seeking quashing of the proceedings pending in Crime No.023/2025 for offences punishable under Sections 87 of the Karnataka Police Act, 1963 and Section 112(2) of Bharatiya Nyaya Sanhita, 2023 (for short "BNS, 2023").
3. The Inspector of Police, Holalkere informed the SHO, Holalkere police station that he had received information on 22.01.2025 at around 10 p.m that in front of Gullamma Temple, Guddada Santhenahalli Village, Holalkere Taluk, the petitioner had gathered a group of people in a public place and had made arrangements to play "Andhar Baahar" with cards. The Inspector of police informed the SHO, Holalkere Police
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HC-KAR NC: 2025:KHC:29710 CRL.P No. 8177 of 2025
Station, that he was going to conduct a spot inspection and asked SHO, Holalkere Police Station to register a case against the persons playing cards.
4. Based on this information a case was registered against unknown persons on 22.01.2025 in Crime No.23/2025 for offences punishable u/s 87 of the Karnataka Police Act,1963 and Section 112(2) of BNS,2023.
5. The petitioner's counsel reiterating the grounds urged in the petition referring to the complaint would point out that the case on hand is a clear false implication of petitioner though he is no where concerned with the alleged offence. Referring to the records, he would point out that there is absolutely no material against the petitioner and is found to be innocent of the alleged offences. Therefore, he would contend that though investigating Officer is aware of this fact, petitioner is deliberately arraigned as accused No.7 in the crime. Hence, petitioner has approached this Court seeking quashing of the proceedings.
6. On examining the records, this Court is of the view that the matter needs to be investigated by the Investigating
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HC-KAR NC: 2025:KHC:29710 CRL.P No. 8177 of 2025
Officer. This is not a fit case where the proceedings can be quashed at the investigation stage. Therefore, this Court is not inclined to grant any indulgence.
7. Accordingly, this criminal petition is hereby dismissed as not maintainable. However, liberty is reserved to the petitioner to approach this Court, if charge sheet is filed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 2 Sl No.: 19