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2026 DAILYLAW 3056 (KAR)

SRI. CHAPATLA SHIVA SHANKAR REDDY v. STATE BY KARNATAKA

CRL.P/4111/2026 · 2026-04-09

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:20036 CRL.P No. 4111 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4111 OF 2026 BETWEEN: 1. SRI. CHAPATLA SHIVA SHANKAR REDDY S/O LATE CHAPATLA VENKATA REDDY AGED ABOUT 60 YEARS 5/1, YARRAIAH GARI PALLI KAMMAVARIPALLE, ANANTAPUR, ANDHRA PRADESH-515231 2. SRI.KADIYALA SUDHAKARA NAIDU S/O K KULLAYAPPA 3-209B, GOVIDA PETA PUTTAPARTHY, ANANTHAPUR ANDHRA PRADESH-515134 3. SRI.KALAVA VENKATA RAMANA REDDY C/O RAMI REDDY KALAVA 5-39, KOREVANDLA PALLI GORANTLA, JAKKASAMUDRAM SRI SATHYA SAI ANDHRA PRADESH-515231 4. SRI.KALASAMUDRAM CHALAPATHI S/O K VENKATARAMANA AGED ABOUT 66 YEARS H. NO. 20418, OLD STATE BANK STREET BEHIND CTC THEATRE, GORANTLA, ANANTHAPURAM, ANDHRA PRADESH 515231 Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20036 CRL.P No. 4111 of 2026 5. SRI.CHINTA RAJASEKHAR REDDY S/O CHINTA LAKSHMI REDDY AGED ABOUT 65 YEARS 1-20, KARAAVULA PALLI, MANDALAPALLA, ANANTAPUR ANDHRA PRADESH-515231 6. SRI.DASIREDDY CHANDRASHEKHAR REDDY S/O D GANGIREDDY AGED ABOUT 41 YEARS 5-170,5-WARD, MAIN ROAD, GORANTLA, ANANTAPUR ANDHRA PRADESH-515231 …PETITIONERS (BY SRI. IMTIZA AHMED KHAN., ADVOCATE) AND: STATE BY KARNATAKA PAVAGADA RURAL POLICE PAVAGADA-561202 REPTD. BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BANGALORE-560001 …RESPONDENT (BY SRI. CHANNAPPAAA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.42/2020 ON THE FILE OF THE PRL.CIVIL JUDGE AND (J.M.F.C) PAVAGADA, TUMAKUR - 3 - HC-KAR NC: 2026:KHC:20036 CRL.P No. 4111 of 2026 RURAL DISTRICT PENDING DISPOSAL OF THE SAME FOR KARNATAKA POLICE AMENDED ACT 2021 UNDER SEC.80. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned counsel Sri. Imtiza Ahmed Khan, appearing for the petitioners, Sri. Channappa Erappa, learned HCGP appearing for the respondent and have perused the material on record. 2. The petitioners are before this Court, seeking the following prayer: "1. QUASH the Entire Proceedings in CC No.42/2020 on the file of the Principal Civil Judge & (JMFC), Pavagada, Tumkur Rural District, pending disposal of the same for Karnataka Police Amended Act 2021, Under Section 80, in the interest of Justice and Equity. 2. Pass such other Order(s) as this Hon'ble Court may deem fit, in the facts and circumstances of the case." - 4 - HC-KAR NC: 2026:KHC:20036 CRL.P No. 4111 of 2026 3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in Crl.P.No.15668/2025 disposed on 18.12.2025, wherein it has held as follows: "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 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 - 5 - HC-KAR NC: 2026:KHC:20036 CRL.P No. 4111 of 2026 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 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. The learned Magistrate is directed to release the amount seized in this case under P.F.No.123/2023." In the light of the order passed by the Co-ordinate Bench of this Court (supra) and for the reasons aforementioned, the following: - 6 - HC-KAR NC: 2026:KHC:20036 CRL.P No. 4111 of 2026 ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in C.C.No.42/2020 pending before the Principal Civil Judge & (JMFC), Pavagada, Tumkur Rural District, stand quashed, qua these petitioners. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 23