- 1 - HC-KAR NC: 2026:KHC:13441 CRL.P No. 1172 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1172 OF 2026 BETWEEN: 1. SRIHARI @ HARI @ SREE HARI B, S/O BALAJI, AGED ABOUT 35 YEARS, BUSINESSMAN, R/AT SRINILAYA, NAYAKARA HATTI, SIRA, TUMAKURU - 572 109. …PETITIONER (BY SRI. MOHAMMED UMMAR FAROOQ, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY NEW EXTENTION POLICE, REP BY SPP, HIGH COURT CAMPUS, BANGALORE - 560 001. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13441 CRL.P No. 1172 of 2026 2. SHESHADRI, S/O KUMAR, AGED ABOUT 60 YEARS, POLICE INSPECTOR CEN PS, TUMAKURU - 572 101. …RESPONDENTS (BY SRI.CHANNAPPA ERAPPA, HCGP FOR R1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE ABOVE PETITIONER ARISING OUT OF IMPUGNED CHARGE SHEET IN C.C.NO.361/2021 ARISING OUT OF FIR BEARING CRIME NO.12/2020 REGISTERED WITH RESPONDENT NEW EXTENTION POLICE STATION TUMAKURU FOR AN ALLEGED OFFENCE P/US/ 79, 80 OF KARNATAKA POLICE ACT PENDING ON THE FILES OF HONBLE V ADDL. CIVIL JUDGE AND JMFC AT TUMAKURU IN WHICH THIS PETITIONER IS ARRAYED AS ACCUSED NO.7.I.A.NO.1/2026 FOR STAY. - 3 - HC-KAR NC: 2026:KHC:13441 CRL.P No. 1172 of 2026 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. Mohammed Ummar Farooz, appearing for the petitioner, Sri. Channappa Earappa, learned HCGP appearing for respondent No.1 and have perused the material on record. 2. The petitioner is before this Court, seeking the following prayer: "WHEREFORE, the petitioner most respectfully prays that this Hon'ble court be pleased to allow this petition and quash the entire proceedings initiated against the above petitioner arising out of impugned Chargesheet in CC No.361/2021 arising out of FIR bearing crime No.12/2020 registered with respondent New Extention Police station Tumakuru for an alleged offence punishable under section 79, 80 of Karnataka Police Act pending on the files of Hon'ble V Addl. Civil Judge and JMFC, at Tumkur in which this petitioner is arrayed as accused No.7, in the interest of justice." 3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment - 4 - HC-KAR NC: 2026:KHC:13441 CRL.P No. 1172 of 2026 rendered by the Co-ordinate Bench of this Court in Crl.P.No.297/2024 disposed on 26.06.2024, wherein it has held as follows: This petition is filled by the petitioner/accused No.10 under Section 482 of Cr.P.C, for quashing criminal proceedings in C.C.No.361/2021 arising out of crime no.12/2020 registered by New Extension Police station, Tumakuru, now pending on the file of Principal Civil Judge and JMFC, Tumakuru, for the offences punishable under Sections 79 and 80 of Karnataka Police Act, 1963 (hereinafter referred to as 'K.P. Act' for short). 2. Heard the arguments addressed on both sides and perused the material available on record. 3. The case of the prosecution is that on the credible information received by the police officer on 09.02.2020 a report was filed and in turn suo motu FIR was registered in Crime.No.12/2020 for the offences punishable under Sections 79 and 80 of the KP Act and Section 420 of IPC. After the investigation, the police have filed charge sheet. During the course of investigation, the police have dropped Section 420 of IPC and filed charge sheet only for the offences punishable under Sections 79 and 80 of the KP Act. It is alleged that on 09.02.2020 the accused persons said to be engaged in cricket betting in Room.No.7 of Aishwarya Lodge and also playing mobile betting & online horse riding. 4. Learned counsel for the petitioner contended that the alleged offences punishable under Sections 79 & 80 of K.P. Act was non cognizable offences and the police required to obtain permission from the Magistrate under Section 155(2) of Cr.P.C, but to avoid getting prior permission of the Magistrate, the police have intentionally inserted Section 420 of IPC, which is cognizable one. But in the charge sheet they dropped the same. Therefore, it is contended that charge sheet and FIR is not sustainable and prays for quashing the same. - 5 - HC-KAR NC: 2026:KHC:13441 CRL.P No. 1172 of 2026 5. Per Contra, learned HCGP objected the petition contending that for cognizable and non cognizable offences FIR was registered, then there is no need for obtaining permission from the learned Magistrate. Therefore, he prays for dismissal of the petition. 6. Learned counsel for the petitioner has brought to the notice of this Court that this Court has already quashed criminal proceedings as against accused No.1 in Crl.P.No.2126/2023 dated 18.04.2023. This Court while considering the previous petition, at paragraph No.8 of the order has relied upon the judgement of the coordinate bench of this Court in VAGGEPPA GURULINGA JANGALIGI (JANGALAGI) V. THE STATE OF KARNATAKA, THROUGH PSI, KAGWAD POLICE STATION, BELAGAVI reported in ILR 2020 KAR 630. wherein it is categorically held that the police have purposefully added section 420 of IPC only to avoid and obtain prior permission from the learned Magistrate as required under Section 155(2) of Cr.P.C, and they registered FIR and while filing charge sheet they dropped Section 420 of IPC. Considering the same, once non cognizable offence is made out in the complaint, the police ought to have obtain permission from the learned Magistrate prior to register FIR but Section 420 of IPC has been added in order to avoid permission under section 155(2) of Cr.P.C, and subsequently dropped Section 420 of IPC and filed charge sheet only for the offences punishable under Sections 79 and 80 of the K.P. Act, which are non cognizable offences. Therefore, taking cognizance and conducting proceedings are not sustainable under law. Therefore, the petition is deserves to be allowed. Accordingly, the petition is allowed. The entire proceedings in C.C.No.361/2021 arising out of crime No.12/2020 registered by New Extension Police station, Tumakuru, now pending on the file of Principal Civil Judge and JMFC, Tumakuru, for the offences punishable under Sections 79 and 80 of Karnataka Police Act, 1963 is hereby quashed." - 6 - HC-KAR NC: 2026:KHC:13441 CRL.P No. 1172 of 2026 In the light of the order passed by the Co-ordinate Bench of this Court (supra) and for the reasons aforementioned, the following: ORDER (i) Criminal Petition is allowed. (ii) The proceedings in C.C.No.361/2021 pending before the V Additional Civil Judge and JMFC, Tumkur, stand quashed, qua the petitioner. SD/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 25 CT:SG