- 1 - HC-KAR CNR: KAHC010310872023 NC: 2026:KHC:55749 CRL.P No. 5379 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5379 OF 2023 BETWEEN: 1. SRI VACHAN G SHETTY S/O GANESH SHETTY AGED ABOUT 35 YEARS R/AT. SANGAM HOUSE NETHRAVATHI, AJAKURI DHARMASTHALA GRAMA BELTHANGADY TALUK - 574 214. 2. SRI PRASNNA AGED ABOUT 33 YEARS S/O ANANDADEVADIGA R/AT SARIMAJALU HOUSE PANAJALLU, KUVATTU VILLAGE BELTHANGADYTALUK - 574 214 ALSO AT DURGANAGAR MUNDUOORU VILLAGE BELTHANGADY - 574 214. 3. SRI SABASTINA P.D AGED ABOUT 39 YEARS S/O LATE DEVAIAH R/AT. PANANDANATH HOUSE PUDUVETTU VILLAGE POST BELTHANGADU - 574 216. 4. SRI SUDHINDRA AGED ABOUT 24 YEARS S/O SRINIVAS POOJARY R/AT. BAYITYAR HOUSE PUDUVETTU VILLAGE AND POST BELTHANGADY - 574 216. 5. SRI HARISH AGED ABOUT 45 YEARS S/O SHEKAR DEVADIGA Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010310872023 NC: 2026:KHC:55749 CRL.P No. 5379 of 2023 R/AT NUMBER E 2-344 BEDRABHETTU HOUSE BANGADI, INDABETTU VILLAGE BELTHANGADY - 574 214. 6. SRI P.S. CHETHAN SHARMA AGED ABOUT 37 YEARS S/O SUBRAYA GOWDA R/AT. PATTADURU VILLAGE BELLUR POST, MUDIGERE TALUK CHIKMAGALUR DISTRICT - 577 132. 7. SRI MANJUNATH AGED ABOUT 53 YEARS S/O MOHAN, R/AT P B ROAD MOODIGERE TALUK CHIKMAGALUR DISTRICT - 577 132. 8. SRI M.D. MANJUNATH AGED ABOUT 66 YEARS S/O DIBBAYA AT DIVANGATHA R/AT MOODIGERE VILLAGE BELLUR POST, MOODIGERE TALUK CHIKMAGALUR DISTRICT - 577 132. 9. SRI UMESH AGED ABOUT 48 YEARS S/O NANJEGOWDA R/AT KANNACHURU VILLAGE HANTURU POST, MUDIGERE TALUK CHIKMAGALUR - 577 132. 10. SRI MANJUNATH AGED ABOUT 60 YEARS S/O MARIGOWDA R/AT JOONAGNAKERE VILLAGE POST MOODIGERE TALUK, CHIKMAGALUR DISTRICT - 577 132. 11. SRI JAHAVAR WASIM ULLA AGED ABOUT 57 YEARS S/O JIYAA ULLA R/AT. NUMBER 26-3RD CORSS RAMAYYA LAYOUT, 2ND STAGE - 3 - HC-KAR CNR: KAHC010310872023 NC: 2026:KHC:55749 CRL.P No. 5379 of 2023 BANGALORE - 560 058 C/O SHUBASH NAGAR BEHALGULA VILLAG MOODIGERE TALUK CHIKMAGALUR DISTRICT - 577 132. 12. SRI IMTIAZ ALI AGED ABOUT 51 YEARS S/O KIZAR KHAN R/AT SHUBADHNAGAR BELAGULA VILLAGE MOODIGERE TALUK CHIKMAGALUR DISTRICT - 577 132. 13. SRI H.E. RAGHU AGED ABOUT 53 YEARS S/O. ERAPPA POOJARY R/AT CHANNAPURA VILLAGE AND POST GONIBEEDU HOBLI, MOODIGERE TALUK CHIKMAGALUR DISTRICT - 577 132. 14. SRI MOHAN AGED ABOUT 49 YEARS S/O SHESHAPPA GOWDA R/AT MUKKUDA HOUSE CHIBIDRE VILLAGE KAKKINJE POST BELTHANGADY TALUK - 574 228. 15. SRI ANIL KUMAR AGED ABOUT 34 YEARS S/O KRISHNA MOGHAVEERA KODYARA HOUSE BEEJADI VILLAGE KOTESHWRA POST KUNDAPUR TALUK UDUPI DISTRIC - 576 201. 16. SRI GIRISH AGED ABOUT 51 YEARS S/O PADMEGOWDA R/AT HUGGEHALLI BETTADA HOUSE POST - 4 - HC-KAR CNR: KAHC010310872023 NC: 2026:KHC:55749 CRL.P No. 5379 of 2023 MODDIGERE TALUK CHIKAMAGALUR DISTRICT - 577 123. 17. SRI USMAN AGED ABOUT 43 YEARS S/O AMMABBA R/AT BARAYA PALKE HOUSE KUVETTU VILLAGE BELTHANGADY TALUK - 574 224. 18. SRI SUDHIR AGED ABOUT 42 YEARS S/O NARAYANA R/AT HOSAMATA HOUSE CHARMADI VILLAGE POST BELTHANGADY TALUK - 574 228. 19. SRI MADHUKARA AGED ABOUT 41 YEARS S/O BHOMMEGOWDA THIRAPURA VILLAGE GUTTHI POST, BHANKAL HOBLI MOODIGERE TALUK CHIKAMAGALUR DISTRICT - 577 132. 20. SRI DINESH AGED ABOUT 38 YEARS S/O SOMA KUMBAARA CHANDRAKRUPA HOUSE VIVEKANANDA NAGAR LAILA VILLAGE, UJIRE POST BELTHANGADY TALUK - 574 240. 21. SRI SHARATH H S AGED ABOUT 32 YEARS S/O SHIVANNA GOWDA HALLI BALIU HOUSE HESAGUDU VILLAGE GUTTHI POST, MOODIGER TALUK CHIKAMAGALUR DISTRICT - 577 132. 22. SRI GANGADHARA AGED ABOUT 34 YEARS S/O KEMPAYYA - 5 - HC-KAR CNR: KAHC010310872023 NC: 2026:KHC:55749 CRL.P No. 5379 of 2023 R/AT VIVEKANANDA NAGAR HOUSE LAILA VILLAGE, UJIRE POST BELTHANGADY TALUK - 574 240. 23. SRI NISAR AHMAD AGED ABOUT 39 YEARS S/O SHAYAD BASGA SABH R/AT ADRSHA NAGAR LAILA VILLAGE POST BELTHANGADY TALUK - 574 214. …PETITIONERS (BY SRI RAKSHITH KUMAR, ADV.) AND: 1. THE STATE OF KARNATAKA BY BELTHANGADY POLICE STATION MANGALORE, D.K REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. POLICE SUB INSPECTOR BELTHANGADY CIRCLE POLICE STATION BELTHANGADY TALUK, D.K - 574 214. …RESPONDENTS (BY SRI RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1600/2022 REGISTERED BY THE RESPONDENT NO.2 POLICE FOR THE OFFENCE P/U/S 79 AND 80 OF KARNATAKA POLICE ACT 1963, PENDING BEFORE THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC COURT, BELTHANGADY, D.K. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners are before this Court in this petition filed under Section 482 of Cr.P.C. with a prayer to quash the entire - 6 - HC-KAR CNR: KAHC010310872023 NC: 2026:KHC:55749 CRL.P No. 5379 of 2023 proceedings in CC No.1600/2022 pending before the Court of Principal Civil Judge and JMFC, Belthangadi, Dakshina Kannada, arising out of Crime No.33/2022 registered by Belthangadi Police Station, Dakshina Kannada, for the offence punishable under Section 79 of the Karnataka Police Act, 1963. 2. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that Section 155(2) of Cr.P.C. has not been complied in the present case. Accordingly, he prays to allow the petition. 3. Learned HCGP, who has opposed the petition, does not dispute the submission made by learned counsel for the petitioners. 4. FIR has been registered in the present case for the offence punishable under Section 79 of the Karnataka Police Act, 1963, which is undisputedly non-cognizable offence. Therefore, compliance of Section 155(2) of Cr.P.C. becomes very much necessary prior to registration of FIR. - 7 - HC-KAR CNR: KAHC010310872023 NC: 2026:KHC:55749 CRL.P No. 5379 of 2023 5. A reading of the order sheet of the Trial Court in the present case would go to show that Investigation Officer has not complied the requirement of Section 155(2) of Cr.P.C. No order has been passed by the jurisdictional Magistrate as provided under the said provision of law, prior to registration of FIR. Under the circumstances, the impugned criminal proceedings cannot be sustained. Accordingly, the following order:- 6. The criminal petition is allowed. The entire proceedings in CC No.1600/2022 pending before the Court of Principal Civil Judge and JMFC, Belthangadi, Dakshina Kannada, arising out of Crime No.33/2022 registered by Belthangadi Police Station, Dakshina Kannada, for the offence punishable under Section 79 of the Karnataka Police Act, 1963, is hereby quashed as against the petitioners herein. Sd/- (S VISHWAJITH SHETTY) JUDGE DN/List No.: 2 Sl No.: 3