Criminal Petition No. 1427 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:5218 CRL.P No. 1427 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1427 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MALLA ARADYA S/O. SRIKANTA ARODHYA, AGED ABOUT 62 YEARS, R/AT ARAKALAWADI VILLAGE, CHAMARAJANAGAR TQ, CHAMARAJANAGAR DIST-571443. 2. MALLU CHARI S/O LATE LINGACHARI, AGED ABOUT 55 YEARS, R/AT ARAKALAWADI VILLAGE, CHAMARAJANAGAR TQ, CHAMARAJANAGAR DIST-571441. 3. KRISHNA, S/O LATE MADANAYAKA, AGED ABOUT 41 YEARS, R/AT GUMBALLI VILLAGE, YALANDURU TQ, CHAMARAJANAGAR DIST-571443. 4. NAGARAJAPPA S/O LATE SHIVAPPA, AGED ABOUT 59 YEARS, R/AT HARAVE VILLAGE, CHAMARAJANAGAR TQ, CHAMARAJANAGAR DIST-571443. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5218 CRL.P No. 1427 of 2025
Legal Reasoning
2. The petitioner is before this Court seeking for issue of mandamus or any other appropriate writ in the manner as has been sought in the petition. The issue which has been raised in the instant petition has already been considered by this Court in W.P.No.30071/2014 dated 15-10-2014 (between The Media N. Members Club vs. State of Karnataka and Others) wherein the petition was disposed of with the following directions:- "(i) The petitioner shall install within a period of six weeks, CC TV cameras, at all the places of access to its members and also at all the places, wherein games(s) is / are played by the members. The CC TV footage of at least prior 15 days' period shall be made available by the petitioner, to the police, as and when called upon to do so. (ii) The petitioner shall issue identity card(s) to all its me member(s), which shall be produced by the member(s), when called upon by raid(s) and surveillances etc. the police, during the (iii) The petitioner shall not allow any non- member(s) or the guest(s) of the member(s), to make use of its premises for the purpose of playing any kind of game(s) or recreational activities. (iv) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Ss.2(14) & 2(15) of the Act and shall not permit any game(s) of chance as per Explanation (II) of Sub- section (7) of Section 2 - 8 - NC: 2025:KHC:5218 CRL.P No. 1427 of 2025 of Karnataka Police Act, 1963. The member(s) shall not be allowed to play any kind of game(s) with stakes or make any profit or gain out of the game(s) played. (v) The petitioner shall put proper mechanism in place and shall ensure that no ganie's) is played in any unlawful manner by the member(s). If the police find that game(s) played is contrary to any law and in violation of the settled practice, it is open to them to take action against petitioner and the offenders, in accordance with law. (vi) The jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any information about any unlawful activity being carried on in the petitioner's premises. (vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner - Club/Association. (viii) It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the Act and taking action in accordance with law, it the member(s) of the petitioner are found to have indulged in any unlawful or immoral activities."
Arguments
5. SRIDHAR S/O LATE BASAVANNA, AGED ABOUT 38 YEARS, R/AT GUMBALLI VILLAGE, YALANDURU TQ, CHAMARAJANAGAR DIST-571443. 6. JAYACHANDRA, S/O LATE CHINNA RAJASHETTY, AGED ABOUT 36 YEARS, R/AT MINYAM VILLAGE, HANURU TQ, CHAMARAJANAGAR DIST-571443. 7. HARISH S/O LATE SRINIVASA, AGED ABOUT 35 YEARS, R/AT TERAKANAMBI, GUNDLUPETE TALUK, CHAMARAJANAGAR DIST-571442. 8. KUMARA S/O LATE RACHAPPA, AGED ABOUT 34 YEARS, R/AT CHENNIPURAD MOLE, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR DIST-571441. 9. MADAPPA S/O LATE MAHADEVAPPA, AGED ABOUT 48 YEARS, R/AT ARAKALAWADI VILLAGE, CHAMARAJANAGAR TQ, CHAMARAJANAGAR DIST-571 443. 10. MAHESHA S/O LATE BASAVARAJAPPA, AGED ABOUT 40 YEARS, R/AT BHUJENGESHWARA EXTN, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR DIST-571 441. 11. JAYASIDDU @ SIDDU, S/O NANJASHETTY, - 3 - NC: 2025:KHC:5218 CRL.P No. 1427 of 2025 AGED ABOUT 34 YEARS, R/AT HONGANURU VILLAGE, CHAMARAJANAGAR TQ, CHAMARAJANAGAR DIST-571442. 12. NAGARAJU R @ K T NAGA, S/O. LATE RAMASHETTY, AGED ABOUT 55 YEARS R/AT KELAGALA UPPER STREET, CHAMARAJANAGAR TQ, CHAMARAJANAGAR DIST- 571443. 13. SIDDAVIRAPPA, S/O LATE PUTTAPPA SIDDAVIRAPPAPUTTAPPA, AGED ABOUT 65 YEARS, R/AT MARIYALA VILLAGE, CHAMARAJANAGAR TQ, CHAMARAJANAGAR DIST-571443. 14. MAHESHA S/O CHIKKANNEGOWDA, AGED ABOUT 35 YEARS, R/AT KARIYANAKATTE VILLAGE, CHAMARAJANAGAR TQ, CHAMARAJANAGAR DIST-571443. 15. BASAVANNA S/O VIRABADRASHETTY, AGED ABOUT 39 YEARS, R/AT LINGARAJAPURA VILLAGE, CHAMARAJANAGAR TQ, CHAMARAJANAGAR DIST-571445. 16. SUNIL, S/O LATE SUNDRAPPA, AGED ABOUT 26 YEARS, R/AT V C HOSURU VILLAGE, CHAMARAJANAGAR TQ, CHAMARAJANAGAR DIST-571443.. - 4 - NC: 2025:KHC:5218 CRL.P No. 1427 of 2025 17. LALINGASWAMY, S/O LATE GURUSIDDAIAH, AGED ABOUT 58 YEARS, R/AT HEGGAVADI VILLAGE, CHAMARAJANAGAR TQ, CHAMARAJANAGAR DIST-571445. 18. BANGARU S/O KRISHNAMURTHY, AGED ABOUT 45 YEARS, R/AT MEGALANAYAKARA BEEDI, 8TH WARD, CHAMARAJANAGAR TOW CHAMARAJANAGAR DIST-571441. (BY SRI. SREENIVASAN M Y., ADVOCATE) AND: …PETITIONERS STATE OF KARNATAKA BY CHAMARAJANAGAR TOWN POLICE STATION, R/P BY SPP, HCK, BANGALORE-560001. (BY SMT. RASHMI JADHAV, ADDL. SPP) …RESPONDENT THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AS AGAINST THE PETITIONERS REGISTERED BY THE RESPONDENT POLICE, CHAMARAJANAGAR TOWN P. S. IN CRIME NO.157/2024 FOR AN OFFENCES PUNISHABLE UNDER SECTION 79 AND 80 OF KARNATAKA POLICE ACT 1963 AND PENDING ON THE FILE OF ADDL. CIVIL JUDGE (SR.DN.) AND CJM, CHAMARAJANAGAR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 5 - NC: 2025:KHC:5218 CRL.P No. 1427 of 2025 ORAL ORDER Petitioners seeks the following relief: "WHEREFORE, the petitioners pray that this Hon'ble Court be pleased to: a. Call for records in Crime No.157/2024 on the file of Addl. Civil Judge (Sr.Dn.) & CJM, Chamarajanagar and b. Quash the FIR as against the petitioners registered by the respondent Police, Chamarajanagar Town Police in Crime No.157/2024 for an offences punishable under Section s 79 and 80 of Karnataka Police Act, 1963 and pending on the file of Addl. Civil Judge (Sr.Dn.) & CJM, Chamarajanagar and consequently grant any other remedy that this Hon'ble Court deems fit in the facts and circumstances of the case." 2. Heard. 3. A perusal of the material on record will indicate that the petitioners are members of recreation club under the name and style of "Star Sports Club" in whose favour this Court passed an order dated 23.01.2023 in Writ Petition No.1178/2023 as hereunder: - 6 - NC: 2025:KHC:5218 CRL.P No. 1427 of 2025 "Heard Sri. M.Y. Sreenivasan, learned counsel appearing for the petitioner and Sri. Vinod Kumar M., the learned AGA appearing for the respondents. 2. The petitioner is before this Court, seeking for the following prayer: i. Issue a writ in the nature of mandamus, directing the respondent's not to interfere with the smooth running of skill games like chess, caroom, rummy, poker, table tennis, shuttle cork and other skill games by the petitioner in the name and style of 'STARS SPORTS CLUB", having their registered office at NO.6A, 6B, HASANURU GHAT ROAD, CHAMARAJANAGARA, ii.Directing the Respondent's 1 to 5 herein not to insist upon the petitioner club to obtain the license for the cultural activities carried on by the petitioner in the club premises as per the legal requirement, ill. ISSUE any other appropriate Writ, Order or Direction as this Hon'ble Court deems fit to the facts and circumstances of the case in the interest of justice and equity." 3. The learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench in the case of M/S NAVARANG ASSOCIATION VS. THE STATE OF KARNATAKA, the Co-ordinate Bench has held as follows: - 7 - NC: 2025:KHC:5218 CRL.P No. 1427 of 2025 "Learned Government Advocate to accept notice for respondents No.1 to 7 and file memo of appearance in four weeks.
Decision
This writ petition is also disposed of in the aforesaid terms." 4. In the light of the issue standing covered by judgment rendered by the Co- ordinate Bench and the facts being undisputed, - 9 - NC: 2025:KHC:5218 CRL.P No. 1427 of 2025 the petition stands disposed on the same terms." 4. In pursuance of the same, the petitioners are using the facilities provided by the aforesaid club without violating any of the terms and conditions issued by this Court in the aforesaid order. Despite this, the respondents have filed the impugned complaint without alleging any violation of any of the terms and conditions of the aforesaid order passed by this Court contending that the petitioners who are involved in recreational activities in the said club have committed offences punishable under Sections 79 and 80 of the Karnataka Police Act and as such the petitioners are before this Court by way of present petition. 5. It is submitted that prior permission for investigation of the aforesaid non-cognizable offences having not been obtained by the respondent, the impugned proceedings deserves to be quashed. 6. A perusal of the aforesaid facts and circumstances and in the light of the earlier order passed by this Court in Writ Petition No.1178/2023 coupled with the fact that the entire - 10 - NC: 2025:KHC:5218 CRL.P No. 1427 of 2025 complaint not only does not disclose either the petitioners or the club have violated or contravene any of the terms and conditions of the aforesaid order, but no permission of the Magistrate has been obtained before filing the impugned complaint, I am of the considered opinion that the impugned proceedings deserves to be quashed as held in the case of VAGGEPPA GURULINGA JANGALIGI (JANGALAGI) Vs. THE STATE OF KARNATAKA THROUGH PSI KAGWAD POLICE STATION, BELAGAVI reported in ILR 2020 KAR 630. 7. In the result, the following ORDER (i) The Criminal Petition is hereby allowed. (ii) The impugned proceedings in Crime No.157/2024 registered by Chamarajanagar Town Police for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963, pending on the file of Additional Civil Judge (Sr.Dn.) and CJM, Chamarajanagar, is hereby quashed. - 11 - NC: 2025:KHC:5218 CRL.P No. 1427 of 2025 (iii) Liberty is reserved in favour of the petitioners to file an application under Sections 451 and 457 of Cr.P.C. Sd/- (S.R.KRISHNA KUMAR) JUDGE AP List No.: 1 Sl No.: 45