- 1 - NC: 2025:KHC-K:1370 CRL.P No. 200131 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200131 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. BHEEMANNA S/O BALAYYA, AGE: 42 YEARS, OCC: DRIVER, R/O. ABU MOHALLA, NEAR GNANA GANGA SCHOOL DEVADURGA, RAICHUR. 2. KARIYAPPA S/O THIMMAYYA MAJJIGI, AGE:35 YEARS, OCC: LABOURER, R/O. TILAK STREET, DEVADURGA, RAICHUR. 3. YARAMARASHALA BASAVARAJ S/O MURIGEYYA, AGE: 59 YEARS, OCC: AGRICULTURE, R/O. SHANTHI NAGAR, DEVADURGA, RAICHUR. …PETITIONERS (BY SRI. GANESH NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH RAICHUR CEN POLICE STATION, ITS REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH, DIST. KALABURAGI-585103. …RESPONDENT (BY SRI. VEERANAGOUDA MALIPATIL, HCGP) Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1370 CRL.P No. 200131 of 2024 THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528 OF BNSS (NEW) PRAYING TO QUASH THE CHARGE SHEET AND CRIMINAL PROCEEDINGS IN CC NO. 12/2024, (CRIME NO. 30/2023) AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE U/SEC. 78(3) OF KARNATAKA POLICE ACT, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR-DN) AND JMFC COURT AT RAICHUR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 to 3 are before this Court under Section 482 of Cr.P.C., with a prayer to quash the entire proceedings in C.C.No.12/2024 pending before the Court of Principal Civil Judge (Jr. Dn.) and JMFC, Raichur, arising out of Crime No.30/2023, registered by, Raichur CEN Crime Police Station, Raichur, for the offence punishable under Section 78(iii) of the Karnataka Police Act, 1963. 2. Heard the learned counsel for the parties. - 3 - NC: 2025:KHC-K:1370 CRL.P No. 200131 of 2024 3. Learned counsel for the petitioners submits that, the investigation in the present case is done even prior to obtaining permission under Section 155(2) of Cr.P.C. and therefore, the entire investigation gets vitiated. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioners. 5. Perusal of the first information submitted on 10.11.2023 which has resulted in registration of Crime No.30/2023 by Raichur CEN Crime Police Station, against the petitioners herein would to show that, on the basis of the credible information received on 09.11.2023 a raid was conducted to the place, where accused persons were allegedly conducting the game of Matka and after the accused were apprehended, from their possession a sum of Rs.7,650/- was seized along with the articles which were used for the purpose of conducting Matka. Thereafter, the seized money and the articles were subjected to - 4 - NC: 2025:KHC-K:1370 CRL.P No. 200131 of 2024 panchanama and subsequently, FIR in Crime No.30/2023 was registered against the petitioners. 6. Perusal of the first information would go to show that, the seized articles including cash were subjected to panchanama and the said panchanama is part of the charge- sheet filed in the present case. Therefore, the investigation in the case had commenced even prior to the compliance of requirement of Section 155(2) of Cr.P.C., which is not permissible. Under the circumstances, the impugned criminal proceeding gets vitiated and the same cannot be sustained. Accordingly, the following order: ORDER (i) The criminal petition is allowed; (ii) The entire proceedings in C.C.No.12/2024 pending before the Court of Principal Civil Judge (Jr. Dn.) and JMFC, Raichur, arising out of Crime No.30/2023, registered by, Raichur CEN Crime Police Station, Raichur, for the offence punishable under Section 78(iii) of the - 5 - NC: 2025:KHC-K:1370 CRL.P No. 200131 of 2024 Karnataka Police Act, 1963 is quashed as against the petitioners herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 28 CT:PK