KARNATAKA v. (BY SRI. CHANNAPPA ERAPPA, HIGH COURT GOVERNMENT PLEADER)

MR. VINOD RAJ @ RAJU S/O BHASKARA SHETTY, AGED 28 YEARS, RESIDING AT S.N.NAGARA, SAGARA TOWN, SHIVAMOGGA-577 201 (BY SMT. SAMEEKSHA T.R., ADVOCATE FOR SMT. GAYATHRI BHAT H., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH THE POLICE SUB INSPECTOR, SAGAR TOWN POLICE STATION, SAGAR, SHIVAMOGGA DISTRICT- REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560 001 (SINCE THE FIRST INFORMANT HIMSELF IS THE A.S.I. OF SAGAR TOWN P.S., HE IS NOT SEPARATELY ARRAYED AS ADDITIONAL RESPONDENT) Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA …PETITIONER (BY SRI. CHANNAPPA ERAPPA, HIGH COURT GOVERNMENT PLEADER) …RESPONDENT THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE CRIMINAL CASE IN C.C.NO.785/2018 ON THE FILE OF THE PRINCIPAL CIVIL - 2 - NC: 2026:KHC:16674 CRL.P No. 1686 of 2019 HC-KAR JUDGE AND JMFC, SAGAR (ARISING OUT OF CR.NO.356/2018 OF SAGAR TOWN POLICE STATION) FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF THE KARNATAKA POLICE ACT AS FAR AS THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has called in question the proceedings initiated against him in C.C No.785/2018 on the file of the Principal Civil Judge and JMFC, Sagar, arising out of Crime No.356/2018 of Sagar Town Police Station for offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (hereinafter referred to as 'K.P Act').

The petitioner claims that on the basis of suo motu information furnished by the Sub Inspector of Police, Sagar Town Police Station on 17.10.2018, a case in Crime No.356/2018 was registered for the offence punishable under Section 78(3) of the K.P Act. It is alleged that the police got information that some persons were playing matka and the police after obtaining permission from the Magistrate raided a - 3 - NC: 2026:KHC:16674 CRL.P No. 1686 of 2019 HC-KAR place near Avinahalli Road, opposite to Rashmi Canteen, Sagar Town and apprehended the accused from whom a sum of Rs.1,150/- was seized. On enquiry, he revealed that the said amount was to be paid to the petitioner herein who was arrayed as accused No.2. Thereafter, the police filed the charge sheet for offence punishable under Section 78(3) of the K.P Act, which was pending trial in C.C No.785/2018.

Learned counsel for the petitioner contends that the offence alleged against the petitioner is non-cognizable and therefore it was incumbent upon the respondent to comply with the procedure prescribed under Section 155(2) of Cr.P.C. She contends that since the said procedure is not followed, the entire prosecution initiated against the petitioner is vitiated.

The learned High Court Government Pleader for respondent submitted that the charge sheet filed against the petitioner may be set at nought and liberty be reserved to the respondent to initiate proceedings in accordance with law.

When the offences alleged against the petitioner was punishable under Section 78(3) of the K.P Act which is - 4 - NC: 2026:KHC:16674 CRL.P No. 1686 of 2019 HC-KAR non-cognizable in nature, registration of Crime No.356/2018 by the police without following the due process as contemplated under Section 155(2) of Cr.P.C is wholly illegal and vitiates the entire prosecution. Therefore, the prosecution launched against the petitioner has no legs to stand and consequently deserves to be quashed.