- 1 - HC-KAR NC: 2025:KHC:54208 CRL.P No. 15668 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15668 OF 2025 BETWEEN: 1. SRI ANANDA V., S/O. VENKATESHAPPA, AGED ABOUT 41 YEARS, R/AT C/O. VENKATAPPA KOTHAPALLI, KASABA HOBLI, BAGEPALLI-561207 CHIKKABALLAPUR DISTRICT. 2. SRI. CHANDRASHEKAR S/O. SANNA KAMAIAH, AGED ABOUT 58 YEARS, NEAR NAYAZ FLOUR MILL, KR EXTENSION, VIA. MADHUGIRI (RURAL), TUMKUR DISTRICT-572132. 3. SRI SHIVASHANKAR M., S/O.GUTTAPPA M. AGED ABOUT 41 YEARS, RESIDING AT NO.2-85, KARASANAPALLI, PEDDA PANJARI TOWN, CHITTIOR-517247, AP 4. SRI. RAVI H. N., S/O.NARAYANASWAMY H R AGED ABOUT 38 YEARS, R/AT. 148, HOSAHUDYA, HOSAHYDYA, HOSAHDYA, CHIKKABALLAPURA DISTRICT-561207 KARNATAKA STATE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54208 CRL.P No. 15668 of 2025 5. SRI. GANGARAJU S/O. LAKSHMI NARASAPPA AGED ABOUT 42 YEARS GOWRIBIDANUR TALUK, VIA. THONDEBAVI SUB DISTRICT GAURIBIDANUR CHIKKABALLAPURA DISTRICT- 561213 KARNATAKA STATE 6. SRI. VISWANATHA REDDY.K.S S/O. SUBBAREDDY N. AGED ABOUT 52 YEARS R/AT KUNTACHIKKANA HALLI, GADARE BOMMASANDRA GAURIBIDANUR CHIKKABALLAPURA DISTRICT- 561213 KARNATAKA STATE 7. SRI. PURUSHOTHAM KUMAR H.N. S/O. NANJAPPA. H.R AGED ABOUT 37 YEARS GOTAKANAPURA, KALLUDI CHIKKABALLAPUR DISTRICT- 561208 KARNATAKA STATE 8. SRI. BOYA NAGENDRA S/O. B. NAGARAJU. AGED ABOUT 43 YEARS R/AT 3/326, GOVT.PHC BACK SIDE PULERU ROAD, GORANTLA SRI SATHYA SAI -515 231 ANDHRA PRADESH 9. SRI. T. MANJUNATH S/O. GANGADARAPPA, AGED ABOUT 41 YEARS R/AT 312, 3RD FLOOR 6TH BLOCK, ROYAL PRESTIGE GARDEN, - 3 - HC-KAR NC: 2025:KHC:54208 CRL.P No. 15668 of 2025 J. P. NAGAR, BANGALORE-560 078 KARNATAKA STATE 10. SRI. SREENATH REDDY. K. S/O. K. RAMAKRISHNA REDDY, AGED ABOUT 43 YEARS, R/AT 3-52-A, CHINNABABAIAHPALLI, SOMANDEPALLI, TUNGODU, ANANTHAPUR DISTRICT-515241 ANDHRA PRADESH 11. SRI. KALAVA VENKATA RAMANAREDDY S/O. RAMI REDDY KALAVA AGED ABOUT 65 YEARS C/O. RAMI REDDY, KALAVA, R/AT 5-39, KOREVANDLOAPALLI, GORANTLA, JHAKKASAMUDRAM SRI SATHYA SAI-515231 ANDHRA PRADESH 12. CHANDRASHEKAR S., S/O SAMPANGI RAMAIAH.S, AGED ABOUT 38 YEARS, R/AT. GUNJURU, THOOBAGERE HOBLI, DODDABALLAPURA TALUK, CHIKBALLAPUR DISTRICT, DODDBALLAPUR - 561203. …PETITIONERS (BY SRI. IMTIZA AHMED KHAN, ADVOCATE) AND: STATE BY KARNATAKA DODDABALLAPURA RURAL POLICE, REPTD. BY STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING BENGALURU-560001. …RESPONDENT (BY SRI. ANOOP KUMAR M. V., HCGP) - 4 - HC-KAR NC: 2025:KHC:54208 CRL.P No. 15668 of 2025 THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.4508/2023 ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE (J.M.F.C) DODDABALLAPURA, BENGALURU RURAL DISTRICT PENDING DISPOSAL OF THE SAME FOR KARNATAKA POLICE AMENDED ACT 2021 UNDER SEC.80. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the entire proceedings in C.C.No.4508/2023 pending before the learned Principal Civil Judge and JMFC, Doddaballpura. 2. FIR is registered against accused Nos.1 to 13 in Crime No.196/2023 of Doddaballpura Rural Police Station for the offence punishable under Section 80 of the Karnataka Police (Amendment Act), 2021. On completion of investigation, charge sheet was filed. 3. It is the contention of the learned counsel that the offence alleged being non-cognizable in nature, the police have conducted investigation without proper authorization by the learned Magistrate. Attention of the Court is drawn to the order - 5 - HC-KAR NC: 2025:KHC:54208 CRL.P No. 15668 of 2025 passed in Criminal Petition No.12262/2025 preferred by accused No.4, wherein, this court taking into consideration the judgment passed in 'Vaggeppa Gurulinga Jangaligi Vs. The State of Karnataka (Criminal Petition No.101997/2019 disposed of on 10.12.2019), quashed the proceedings in respect of the said accused. 4. In the case on hand, it is alleged that the accused were playing 'Andar-Bahar' in room No.104 of one Makli Durga Resort belonging to accused No.13 on 28.06.2023 at 3.00 p.m. It is relevant to refer to paragraph No.4 of the order passed in Criminal Petition No.12262/2025, which is extracted hereunder: "Admittedly, the offence alleged is a non- cognizable offence. Material on record reveals that after the raid was conducted and mahazar was drawn, the learned Magistrate was intimated, which is after registration of the case against the accused persons. There is no material to show that before conducting the investigation there was any permission obtained by the learned Magistrate, as required under Section 155(1) and (2) of Cr.P.C. (Section 174 of BNSS, 2023), which is contrary to the law laid down by this Court in 'Vaggeppa - 6 - HC-KAR NC: 2025:KHC:54208 CRL.P No. 15668 of 2025 Gurulinga Jangaligi Vs. The State of Karnataka' (Crl.P.No.101997/2019 disposed of on 10.12.2019)." 5. The petitioners are similarly placed as accused No.4, whose petition was allowed by this Court and the proceeding are quashed. Hence, the petitioners are entitled to similar relief in this petition. 6. Learned counsel for the petitioners submits that a sum of Rs.1,26,000/- was seized by the police under PF No.123/2023 and the said amount belongs to petitioner No.9/accused No.10 - T.Manjunath and prays to release the said amount in his favour. I.A. No.1/2025 is filed to release the amount along with the affidavit of petitioner No.9 7. Accordingly, the following: ORDER Petition is allowed. The entire proceedings against the petitioners in C.C.No.4508/2023 pending on the file of the Court of Principal Civil Judge and JMFC, Doddaballapura, Bengaluru Rural District, are quashed. - 7 - HC-KAR NC: 2025:KHC:54208 CRL.P No. 15668 of 2025 The learned Magistrate is directed to release the amount seized in this case under P.F.No.123/2023. I.A.No.1/2025 is allowed. I.A.No.2/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE AP List No.: 1 Sl No.: 25