- 1 - HC-KAR NC: 2026:KHC:18382 WP No. 980 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 980 OF 2021 (GM-RES) BETWEEN: 1. MR. KUMAR SHETTIGAR S/O LATE KRISHNA AGED ABOUT 40 RESIDING AT KRISHNA NILAYA SATHYADRUVA TEMPLE GURUPURA MANGALORE-574 145. 2. MR.VISHAL LOBO S/O GOPINATH AGED ABOUT 39 RESIDING AT NO.108 IDEAL APARTMENT PANDESHWARA ISHWARA KATTE MANGALORE-575 001. …PETITIONERS (BY SRI. AKASH B SHETTY, ADVOCATE) AND: 1. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE POLICE HEAD QUARTERS NRUPATUNGA ROAD BANGALORE-01. 2. THE CHIEF SECRETARY Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18382 WP No. 980 of 2021 STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE-01. 3. DEPARTMENT OF HOME REP. CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-01. 4. STATE OF KARNATAKA BY KANKANADAY TOWN PS MANGALORE DAKSHINA KANNADA REPRESENTED BY SPP HIGH COURT BUILDING HIGH COURT OF KARNATAKA BANGALORE-56001. …RESPONDENTS (BY SRI.M.R. PATIL, HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR IN CRIME NO.0036/2019 DATED 03.04.2019 BEFORE THE 3RD JMFC COURT, MANGALORE CITY, D.K (ANNEXURE-A) AND CHARGE SHEET NO.49/2019 DATED 08.06.2019 BEFORE THE 3RD JMFC COURT, MANGALORE CITY, DK ANNEXURE-B IS COMPLETELY ILLEGAL AND THE SAME MAY BE STAYED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 3 - HC-KAR NC: 2026:KHC:18382 WP No. 980 of 2021 ORAL ORDER The petitioners have called in question the charge sheet filed against them before the J.M.F.C. III Court, Mangaluru, Dakshina Kannada, in Crime No.0036/2019 for an offence punishable under Section 78 of the Karnataka Police Act, 1963 (henceforth referred to as 'the Act, 1963'). 2. It appears that based on information that some people were using an online platform for cricket betting, the inspector of police along with his subordinates raided the spot on 02.04.2019. He seized a sum of Rs.26,000/- and other valuables and thereafter, registered a case in Crime No.0036/2019 for an offence punishable under Section 78 of the Act, 1963. Thereafter, a charge sheet was filed for the aforesaid offence. The trial Court took cognizance of the offences and issued process. 3. Being aggrieved by the charge sheet filed as well as the order taking cognizance, the petitioners are before this Court. - 4 - HC-KAR NC: 2026:KHC:18382 WP No. 980 of 2021 4. The learned counsel for the petitioners submitted that the petitioners are accused of an offence punishable under Section 78 of the Act, 1963, which is a non-cognizable offence. Therefore, the respondent No.4 was bound to seek permission of the Court to register the First Information Report (henceforth referred to as 'FIR') and take up an investigation as stipulated under Section 155(2) of the Code of Criminal Procedure, 1976 (henceforth referred to as 'Cr.P.C'). He also contended that this Court in Crl.P.No.2433/2021 has quashed the proceedings initiated against the accused No.3. Therefore, it is prayed that the proceedings against the petitioners be also quashed. 5. The learned High Court Government Pleader submitted that the petitioners were found betting on an online platform, which was detected by respondent No.4, who after conducting the necessary investigation and recording the statement of the relevant witnesses has filed a charge sheet. He submits that if the procedure adopted by respondent No.4 is not in accordance with law, the same may be set at naught and liberty be reserved to the respondent No.4 to comply with Section 155(2) of Cr.P.C. - 5 - HC-KAR NC: 2026:KHC:18382 WP No. 980 of 2021 6. I have considered the submissions of the learned counsel for the petitioners as well as the learned High Court Government Pleader for the respondents. 7. The petitioners are accused of an offence under Section 78 of the Karnataka Police Act, 1963, which is not a cognizable offence. Therefore, the respondent No.4 was bound to comply with Section 155(2) of Cr.P.C by making a request before the concerned Magistrate, seeking permission to register the FIR and take up investigation. Since that is not done, the impugned prosecution stands vitiated. 8. As rightly contended by the learned counsel for the petitioners, this Court in Crl.P.No.2433/2021 has taken a similar view and had quashed the proceedings as against accused No.3 is concerned. 9. In that view of the matter, the following order is passed: ORDER i. This petition is allowed; - 6 - HC-KAR NC: 2026:KHC:18382 WP No. 980 of 2021 ii. The impugned prosecution of the petitioners on the file the III JMFC Court, Mangalore City, for an offence punishable under Section 78 of the Karnataka Police Act, 1963, is quashed. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 53