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2026 DAILYLAW 5437 (KAR)

SHRI. RAGHAVENDRA S/O DAYANAND PAI v. THE STATE OF KARNATAKA

CRL.P/105179/2025 · 2026-02-16

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2331 CRL.P No. 105179 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105179 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI. RAGHAVENDRA S/O DAYANAND PAI, AGE: 45 YEARS, OCC. BUSINESS, R/O. RAJMARGA, SIDDAPUR TOWN, TQ AND DIST. SIDDAPUR. …PETITIONER (BY SRI. ARAVIND D. KULKARNI, ADVOCATE FOR SRI. R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA (SIDDAPUR POLICE STATION) R/BY STATE PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN SIDDAPUR P.S. CRIME NO.156/2025, FOR THE OFFENCE PUNISHABLE UNDER SECTION 78 (3) OF KP ACT, PENDING IN C.C. NO. 524/2025, ON THE FILE OF CIVIL JUDGE AND JMFC COURT, SIDDAPUR, SO FAR AS PETITIONER WHO IS ARRAYED AS ACCUSED NO.2. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.19 16:08:44 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2331 CRL.P No. 105179 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Aravind D.Kulkarni for Sri R.H.Angadi, learned counsel for petitioner and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent. 2. Petition under Section 528 BNSS with the following prayer: “To quash the entire criminal proceedings in Siddapur P.S. Crime No.156/2025, for the offence punishable under section 78 (3) of KP Act, pending in C.C. No. 524/2025, on the file of Civil Judge and JMFC Court, Siddapur, so far as petitioner who is arrayed as accused No.2.” 3. Petitioner said to have indulged in playing matka, which is a non-cognizable offence, for which he has been booked for the offence under Section 78(3) of Karnataka Police Act which is a non-bailable offence. 4. Head of the raid party having seized the matka chits and money involved in the matka did approach the Magistrate for - 3 - HC-KAR NC: 2026:KHC-D:2331 CRL.P No. 105179 of 2025 the permission to register the case and investigate the matter. However, the learned trial Magistrate did not pass a detailed order and has only stated that he is permitted to file the FIR. 5. Learned trial Magistrate was required to pass a judicial order after perusing the report and prima facie satisfied about the registration of the case and investigation of the matter. 6. Hence, there is no compliance of Section 174 BNSS. Accordingly, further proceedings needs to be quashed. 7. Hence, following: ORDER i. Petition is allowed. ii. Pending criminal proceedings in C.C.No.524/2025 on the file of Civil Judge and J.M.F.C., Siddapur is hereby quashed. Sd/- (V.SRISHANANDA) JUDGE CLK Ct-cmu LIST NO.: 1 SL NO.: 57