- 1 - HC-KAR NC: 2026:KHC:26423 CRL.P No. 7369 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO.7369 OF 2019 BETWEEN: 1. M VENKTESH, S/O ALTE MUNIYAPPA, AGEDA BOUT 56 YEAR,S R/AT NO.41, H I G 1ST 'A' MAIN ROAD BASWESHWAR NAGAR BANGALORE-560 079. 2. VENKATESH S/O RAMAMURTHY @ RAMASHETTY AGED ABOUT 30 YEARS R/AT NO.110 VARASIDDIVINAYAKA NAGAR 1ST CROSS, ANDRAHALLI MAIN ROAD BANGALORE-560 091. 3. SANTHOSH S/O RAMESH AGED ABOUT 28 YEARS R/AT NO.26 1ST CROSS, 2ND MAIN, ASWATH NAGAR, SANJAY NAGAR, BANGALORE-560 094. 4. SRI SRINIVAS S/O THIMMEGOWDA AGED ABOUT 43 YEARS R/AT NO.111 3RD MAIN, 7TH CROSS BHUVANESHWARI NAGAR SUKTHAN PALYA, R T NAGAR BANGALORE - 560 032. 5. LOKESH S/O MOTTAIAH AGED ABOUT 36 YEARS Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26423 CRL.P No. 7369 of 2019 R/AT NO.4 HANIPURA MAIN ROAD, SUDHAMA NAGAR, WILSON GARDEN BANGALORE - 560 027. 6. RAVI C R ., S/O LATE RANGASWAMY AGED ABOUT 34 YEARS R/AT NO.2, 9TH 'C' CROSS A D HALLI MAGADI MAIN ROAD BANGALORE - 560 023. …PETITIONERS (BY SRI BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER VIJAYNAGAR POLICE STATION BENGALURU-560 040 REP BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. POLICE INSPECTOR CITY CRIME BRANCH (SPECIAL ENQUIRES) N T PET, BENGALURU - 560 018. …RESPONDENTS (BY SRI M.R.PATIL, HCGP FOR RESPONDENTS) THIS CRL.P IS FILED 482 CR.PC PRAYING TO (a) QUASH THE FIR BEARING NO.336/2017 DATED 25.06.2017 ALONG WITH THE INFORMATION DATED 24.06.2017 REGISTERED WITH THE RESPONDENT VIJANAGAR POLICE STATION AND PENDING ON THE FILE OF THE HON'BLE METROPOLITAN MAGISTRATE TRAFFIC COURT-II, BENGALURU , WHEREIN THE PETITIONER NO.1 TO 6 ARE ARRAIGNED AS ACCUSED NO.1 TO 6 FOR THE ALLEGED OFFENCE - 3 - HC-KAR NC: 2026:KHC:26423 CRL.P No. 7369 of 2019 U/S.79 AND 80 OF THE KARNTAKA POLICE ACT., (ANNEXURE VIDE ANNEXURE-A AND A1) AND ETC. THIS PETITION, COMING N FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This petition is filed seeking for following reliefs: (a) Quash the FIR bearing no.336/2017 dated 25.06.2017 along with the information dated 24.06.2017 registered with the respondent Vijaynagar Police Station and pending on the file of the Hon'ble Metropolitan Magistrate Traffic Court-II, Bengaluru; wherein the petitioner no.1 to 6 are arraigned as accused no.1 to 6 for the alleged offences under Sections 79 and 80 of the Karntaka Police Act, (Annexed vide Annexure-A And A1). (b) Quash the Final Report filed by the respondent no.1 Police in the said matter bearing Crime no.336/2017, currently renumbered as CC.no.5867/2018 and pending on the file of the Hon'ble Metropolitan Magistrate Traffic Court-II, Bengaluru, wherein, the petitioner herein are arraigned as accused no.1 to 6, for the alleged offences under Sections 79 and 80 of the KP ACT (Annexed vide annexure-B). - 4 - HC-KAR NC: 2026:KHC:26423 CRL.P No. 7369 of 2019 (c) Quash the entire proceedings in matter bearing Crime no.336/2017, currently renumbered as CC.no.5867/2018 and pending in the file of the Hon'ble Metropolitan Magistrate Traffic Court-II, Bengaluru wherein the petitioner herein are arrainged as accused no.1 to 6 for the alleged offences under Sections 79 and 80 of the KP ACT (Annexed vide annexure-C) and etc. 2. Sri Bharath Kumvar V., learned counsel for petitioners submitted that petition would require consideration on a short ground. It was submitted, petitioners were Members of M/s Silver Star Recreation Association - a Society having its place of business at Magadi Main Road, Agraharadasarahalli, Bengaluru. On 24.06.2017 at 2:45 p.m. on ground that respondent no.2 had received credible information about individuals indulging in playing game of chance by wagering money at Society, respondent no.2 visited premises, apprehended petitioners made recoveries and registered FIR leading to impugned proceedings. 3. It was submitted, before registration of FIR mandatory provision of Section 155 (2) of Code of Criminal Procedure, 1973, ('CrPC') was not followed. It was submitted, - 5 - HC-KAR NC: 2026:KHC:26423 CRL.P No. 7369 of 2019 prior to visiting of premises, Police were required to seek permission from jurisdictional Magistrate. Though an application as per Annexure-D was filed, instead of an order assigning reasons, application was endorsed would word 'Permitted' by learned Magistrate, which would not be in compliance with requirement of law as held by this Court in Crl.P.no.8395/2017 [2018:KHC:12344] holding endorsing application with word 'permitted' was failure on part of learned Magistrate to apply judicious mind and passing of reasoned order. In view of above, there would be non-compliance with procedure under Section 155 (2) of CrPC and consequently, proceedings require to be quashed. 4. Sri M.R. Patil, learned HCGP for respondents - State on other hand would submit that application for permission was infact filed by respondents as required and learned Magistrate had passed an order 'Permitted' on application and on said basis action was taken by respondents leading to apprehension and registration of proceedings. He would however concede to position in law resulting from judgment referred. - 6 - HC-KAR NC: 2026:KHC:26423 CRL.P No. 7369 of 2019 5. Heard learned counsel, perused impugned order and material on record. 6. From above, it is seen that there is no dispute about mandatory requirement of compliance with Section 155 (2) of CrPC as offence alleged are non-cognizable. There is also no dispute about fact that an application was filed and an instead of an order endorsed with word 'Permitted'. This Court having held such endorsement to be not in conformity with requirement of law, impugned proceedings would require to be quashed on said short ground. 7. Following ratio laid down by this Court in Crl.P.no.8395/2017, petition is allowed. Impugned proceedings in Crime no.336/2017, currently renumbered as CC.no.5867/2018 on file of Hon'ble Metropolitan Magistrate Traffic Court-II, Bengaluru are quashed. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 34