Karnataka High Court
Sandeep S C vs The State Of Karnataka on 5 October, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC:36229
WP No. 12071 of 2023
C/W CRL.P No. 2321 of 2023
CRL.P No. 2458 of 2023
CRL.P No. 2714 of 2023
CRL.P No. 4340 of 2023
WP No. 12882 of 2023
WP No. 12919 of 2023
WP No. 12934 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 12071 OF 2023 (GM-RES)
C/W
CRIMINAL PETITION NO. 2321 OF 2023
CRIMINAL PETITION NO. 2458 OF 2023
CRIMINAL PETITION NO. 2714 OF 2023
CRIMINAL PETITION NO. 4340 OF 2023
WRIT PETITION NO. 12882 OF 2023 (GM-RES)
WRIT PETITION NO. 12919 OF 2023 (GM-RES)
WRIT PETITION NO. 12934 OF 2023 (GM-RES)
IN WP No.12071/2023
BETWEEN:
1. SANDEEPA S C
S/O CHANDRAPPA
AGED ABOUT 35 YEARS,
R/O SUBBAIAH HOSPITAL
OPP LAKKAMMA COMPOUND
Digitally signed by B
K SHIVAMOGGA TOWN,
MAHENDRAKUMAR SHIVAMOGGA KARNATAKA-577201
Location: HIGH ...PETITIONER
COURT OF
KARNATAKA (BY SRI P P HEGDE, SENIOR COUNSEL FOR
SRI AKSHAY KUMAR JAIN, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
TUNGA NAGAR POLICE STATION,
TUNGA NAGAR, SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
-2-
NC: 2023:KHC:36229
WP No. 12071 of 2023
C/W CRL.P No. 2321 of 2023
CRL.P No. 2458 of 2023
CRL.P No. 2714 of 2023
CRL.P No. 4340 of 2023
WP No. 12882 of 2023
WP No. 12919 of 2023
WP No. 12934 of 2023
2. PRASHANTH G MUNNOLLI
AGED MAJOR
FATHER NAME NOT KNOWN
DEPUTY SUPERINTENDENT OF POLICE
SHIVAMOGGA SUB DIVISION
SHIVAMOGGA CITY
SHIVAMOGGA KARNATAKA
...RESPONDENTS
(BY SMT K P YASHODA, HCGP FOR R1 & R2)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO
QUASHING THE FURTHER PROCEEDINGS IN CC NO. 4240/2022
ARISING OUT OF CRIME NO. 149/2022 OF TUNGA NAGAR POLICE
STATION PENDING ON THE FILE OF V ADDL CIVIL JUDGE AND JMFC
SHIVAMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTION
78(3) OF KARNATAKA POLICE ACT 1963 VIDE ANNEXURE- C IN SO
FAR AS THE PETITIONER IS CONCERNED AND ETC.
IN CRL.P. No.2321/2023
BETWEEN:
SANDEEP S C
S/O LATE CHANDRAPPA
AGED ABOUT 36 YEARS
R/O SUBBAIAH HOSPITAL
OPPOSITE LAKKAMMA COMPOUND
JAIL ROAD, SHIVAMOGGA - 577201
...PETITIONER
(BY SRI P P HEGDE, SENIOR COUNSEL FOR
SMT SHARADI S SHETTY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DODDAPETE POLICE STATON,
SHIVAMOGGA
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU 560001
-3-
NC: 2023:KHC:36229
WP No. 12071 of 2023
C/W CRL.P No. 2321 of 2023
CRL.P No. 2458 of 2023
CRL.P No. 2714 of 2023
CRL.P No. 4340 of 2023
WP No. 12882 of 2023
WP No. 12919 of 2023
WP No. 12934 of 2023
2. MR PRASHANTH B MUNOLLI
AGED MAJOR
FATHER NAME NOT KNOWN
DEPUTY SUPERINTENDENT
SHIVAMOGGA 577201
...RESPONDENTS
(BY SMT K P YASHODA, HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
CRIMINAL CASE IN C.C.NO.1030/2021 ARISING OUT OF
CR.NO.105/2021 OF DODDAPETE POLICE STATION PENDING ON THE
FILE OF THE COURT OF JMFC II AT SHIVAMOGGA FOR THE OFFENCE
P/U/S.78(3) OF KARNATAKA POLICE ACT, 1963 IN SO FAR AS THE
PETITIONER IS CONCERNED AND ETC.
IN CRL.P. No.2458/2023
BETWEEN:
1. SANDEEPA C.S
S/O LATE CHANDRAPPA
AGED ABOUT 36 YEARS,
R/O SUBBAIAH HOSPITAL,
OPPOSITE LAKKAMMA COMPOUND
JAIL ROAD
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. P.P. HEGDE, SENIOR COUNSEL FOR
SMT SHARADI S SHETTY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DODDAPETE POLICE STATION,
SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. MR VASANT KUMAR
AGED MAJOR,
FATHER NAME NOT KNOWN,
-4-
NC: 2023:KHC:36229
WP No. 12071 of 2023
C/W CRL.P No. 2321 of 2023
CRL.P No. 2458 of 2023
CRL.P No. 2714 of 2023
CRL.P No. 4340 of 2023
WP No. 12882 of 2023
WP No. 12919 of 2023
WP No. 12934 of 2023
POLICE INSPECTOR
SHIVAMOGGA-577201
...RESPONDENTS
(BY SMT K P YASHODA, HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE
CRIMINAL CASE IN C.C.NO.950/2021 ARISING OUT OF CRIME
NO.109/2021 OF DODDAPETE POLICE STATION PENDING ON THE
FILE OF COURT OF J.M.F.C. II AT SHIVAMOGGA FOR THE OFFENCE
P/U/S 78(3) OF KARNATAKA POLICE ACT, 1963 IN SO FAR AS THE
PETITIONER IS CONCERNED AND ETC.
IN CRL. P. No.2714/2023
BETWEEN:
1. SANDEEPA
S/O LATE CHANDRAPPA
AGED ABOUT 34 YEARS
R/O 2ND CROSS,
VENKATESH NAGARA
SHIVAMOGGA
KARNATAKA-577201
...PETITIONER
(BY SRI P P HEGDE, SENIOR COUNSEL FOR
SMT SHARADI S SHETTY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
RURAL POLICE STATION
SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. MR ABHYA PRAKASH SOMANAL
AGED MAJOR
FATHER NAME NOT KNOWN
POLICE INSPECTOR
RURAL POLICE STATION
-5-
NC: 2023:KHC:36229
WP No. 12071 of 2023
C/W CRL.P No. 2321 of 2023
CRL.P No. 2458 of 2023
CRL.P No. 2714 of 2023
CRL.P No. 4340 of 2023
WP No. 12882 of 2023
WP No. 12919 of 2023
WP No. 12934 of 2023
SHIVAMOGGA-577201
...RESPONDENTS
(BY SMT K P YASHODA, HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
CRIMINAL CASE IN C.C. NO.1803/2022 ARISING OUT OF CRIME NO.
399/2022 OF RURAL POLICE STATION, SHIVAMOGGA PENDING ON
THE FILE OF COURT OF J.M.F.C III AT SHIVAMOGGA FOR THE
OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA
POLICE ACT, 1963 IN SO FAR AS THE PETITIONER IS CONCERNED
AND ETC.
IN CRL.P. No.4340/2023
BETWEEN:
1. SANDEEP
S/O CHANDRAPPA
AGED ABOUT 34 YEARS
R/O JAIL ROAD, OPP SUBBAIAH HOSPITAL
NEAR LAKAMMA COMPOUND
SHIVAMOGGA CITY 577225
SHIVAMOGGA KARNATAKA
...PETITIONER
(BY SRI P P HEGDE, SENIOR COUNSEL FOR
SRI VENKATESH SOMAREDDY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DAVANAGERE CEN CRIME
POLICE STATION,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA
BENGALURU 560001
2. SRI MUTTURAJ
AGED ABOUT 34 YEARS,
S/O SHANMUKHAPPA
POLICE OFFICER
DAVANAGERE CEN CRIME
POLICE STATION,
-6-
NC: 2023:KHC:36229
WP No. 12071 of 2023
C/W CRL.P No. 2321 of 2023
CRL.P No. 2458 of 2023
CRL.P No. 2714 of 2023
CRL.P No. 4340 of 2023
WP No. 12882 of 2023
WP No. 12919 of 2023
WP No. 12934 of 2023
DAVANAGERE 577001
KARNATAKA
...RESPONDENTS
(BY SMT K P YASHODA, HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
ENTIRE PROCEEDINGS IN C.C.NO.68/2022 ARISING OUT OF
CR.NO.50/2021 OF DAVANAGERE CEN CRIME POLICE STATION
PENDING ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND
J.M.F.C., DAVANAGERE FOR THE OFFENCE P/U/S 78(3) OF
KARNATAKA POLICE ACT IN SO FAR AS THE PETITIONER IS
CONCERNED AND ETC.
IN WP No.12882/2023
BETWEEN:
SANDEEPA S C
S/O CHANDRAPPA,
AGED ABOUT 35 YEARS,
R/AT 2ND CROSS,
VENKATESH NAGARA,
SHIVAMOGGA,
KARNATAKA 577201.
...PETITIONER
(BY SRI P P HEGDE, SENIOR COUNSEL FOR
MS. RACHITHA RAJSHEKAR., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
SHIVAMOGGA RURAL POLICE STATION,
SHIVAMOGGA,
REP BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU-560001.
2. J R F MIRANDA
AGED MAJOR,
FATHER NAME NOT KNOWN,
POLICE SUB INSPECTOR,
-7-
NC: 2023:KHC:36229
WP No. 12071 of 2023
C/W CRL.P No. 2321 of 2023
CRL.P No. 2458 of 2023
CRL.P No. 2714 of 2023
CRL.P No. 4340 of 2023
WP No. 12882 of 2023
WP No. 12919 of 2023
WP No. 12934 of 2023
RURAL POLICE STATION,
SARGARA ROAD,
SHIVAMOGGA, KARNATAKA 577401.
...RESPONDENTS
(BY SMT K P YASHODA, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C PRAYING TO
QUASHING THE CRIMINAL CASE IN CC NO 617/2023 ARISING OUT
OF CRIME NO.14/2023 OF SHIVAMOGGA RURAL POLICE STATION
PENDING ON THE FILE OF JMFC III, SHIVAMOGGA, THE OFFENCE
PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT
1963 VIDE ANNEXURE-F AND ETC.
IN WP No.12919/2023
BETWEEN:
1. SANDEEPA S C
S/O CHANDRAPPA,
AGED ABOUT 36 YEARS,
R/O JAIL ROAD OPP. SUBBAIAH HOSPITAL,
SHIVAMOGGA CITY,
SHIVAMOGGA, KARNATAKA-577201.
...PETITIONER
(BY SRI P P HEGDE, SENIOR COUNSEL FOR
SRI VENKATESH SOMAREDDY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
NYAMATHI POLICE STATION,
NYAMATHI, DAVANAGER,
REP BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU-560001.
2. MR HANUMANTHAPPA M SHIRIHALLI
AGED MAJOR,
FATHER NAME NOT KNOWN,
POLICE SUB INSPECTOR,
DAVANAGERE,
-8-
NC: 2023:KHC:36229
WP No. 12071 of 2023
C/W CRL.P No. 2321 of 2023
CRL.P No. 2458 of 2023
CRL.P No. 2714 of 2023
CRL.P No. 4340 of 2023
WP No. 12882 of 2023
WP No. 12919 of 2023
WP No. 12934 of 2023
KARNATAKA-577001.
...RESPONDENTS
(BY SMT K P YASHODA, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO
QUASHING THE ENTIRE PROCEEDINGS IN CC NO.29/2019 ARISING
OUT OF CRIME NO.190/2018 OF NYAMATHI POLICE STATION
PENDING ON THE FILE ADDL CIVIL JUDGE AND JMFC, HONNALI
REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3)
OF KARNATAKA POLICE ACT, 1963 IN SO FAR AS THE PETITIONER IS
CONCERNED (VIDE ANNEXURE-C) AND ETC.
IN WP No.12934/2023
BETWEEN:
1. SANDEEPA S C
S/O CHANDRAPPA,
AGED ABOUT 36 YEARS,
R/O OPPOSITE SUBBAIAH HOSPITAL,
LAKAMMA COMPOUND JAIL,
SHIVAMOGGA CITY,
SHIVAMOGGA, KARNATAKA-577201.
...PETITIONER
(BY SRI P P HEGDE, SENIOR COUNSEL FOR
MS. MONISHA N S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
TUNGANAGAR POLICE STATION,
SHIVAMOOGA CITY,
SHIVAMOGGA, REP BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU-560001.
2. MR. JAYAPPA
AGED MAJOR,
FATHER NAME NOT KNOWN,
POLICE SUB INSPECTOR,
TUNGANAGAR POLICE STATION,
-9-
NC: 2023:KHC:36229
WP No. 12071 of 2023
C/W CRL.P No. 2321 of 2023
CRL.P No. 2458 of 2023
CRL.P No. 2714 of 2023
CRL.P No. 4340 of 2023
WP No. 12882 of 2023
WP No. 12919 of 2023
WP No. 12934 of 2023
SHIVAMOGGA-577201.
...RESPONDENTS
(BY SMT K P YASHODA, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO
QUASHING THE FURTHER PROCEEDINGS IN C C NO.1135/2023
ARISING OUT OF CRIME NO.253/2022 OF TUNGANAGAR POLICE
STATION PENDING ON THE FILE OF ADDL CIVIL JUDGE AND JMFC
SHIVAMOGGA THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF
KARNATAKA POLICE ACT 1963 VIDE ANNX-C IN SO FAR AS THE
PETITIONER IS CONCERNED AND ETC.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The issue involved in all these petitions are similar and hence, they are taken up together, heard and disposed of by this common order.
2. The petitioners are sought to be prosecuted for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 ('KP Act' for short).
3. The case of the prosecution is that, on receiving credible information, a raid was conducted and upon inspection, it was uncovered that the co-accused were playing Oc Matka in a public place without any licence and on apprehending the co-
- 10 -
NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023 accused and on interrogation, they stated that they are playing Oc Matka on the instructions of the petitioners herein. The registration of FIR is impugned in these petitions.
4. Sri.P.P.Hegde, learned Senior Counsel for the petitioners would submit that the petitioners have been implicated solely on the basis of the confession statement of the co-accused and in the absence of any corroborative material to substantiate that the petitioners instructed the co- accused to play Oc Matka in a public place, continuation of the criminal proceedings will be an abuse of process of law. He further submits that in WP.No.12071/2023 the police before conducting investigation of the offence punishable under Section 78(3) of the KP Act, which is a non cognizable offence have not taken permission from the learned Magistrate as specified under Section 155(2) of the Cr.PC. Therefore, continuation of the investigation culminating in taking cognizance stands vitiated for non compliance of Section 155(2) of the Cr.PC.
- 11 -
NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023
5. Learned HCGP for the State would submit that the charge sheet material discloses that the co-accused were playing Oc Matka in a public place on the instructions of the petitioners herein and the veracity of the allegation can be considered only at the time of trial and the same cannot be gone into in these petitions.
6. I have considered the submissions made by the learned Counsel for the parties.
7. A perusal of the charge sheet material discloses that the petitioners have been implicated solely on the basis of the confession statement of the co-accused who have allegedly stated that they were playing Oc Matka in a public place on the instructions of the petitioners. However, there is no material in the form of recovery or any other material to substantiate the allegation that these petitioners instructed the co-accused to play Oc Matka in the public place. The offence under Section 78(3) of the KP Act is a non cognizable offence and the police before conducting investigation were required to take permission from the jurisdictional magistrate as specified under
- 12 -
NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023 Section 155(2) of the Cr.PC. Therefore, the conducting of investigation culminating in taking cognizance of the offence under Section 78(3) of the KP Act stands vitiated for non compliance of the mandatory provisions contained in Section 155(2) of the Cr.PC. Therefore, continuation of the criminal proceedings only on the basis of the confession statement of the co-accused in the absence of any corroborative material against the petitioners will be an abuse of process of law.
8. Accordingly, I pass the following order:
ORDER The Criminal Petitions are allowed.W.P.No.12071/2023
The impugned proceedings in C.C.No.4240/2022 (arising out of Crime No.149/2022 of Tunga Nagar Police), pending on the file of the V Addl. Civil Judge & JMFC, Shivamogga, insofar as it relates to accused No.3, is hereby quashed.Crl.P.No.2321/2023
The impugned proceedings in C.C.No.1030/2021 (arising out of Crime No.105/2021 of Doddapete Police), pending on the file
- 13 -
NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023 of JMFC II at Shivamogga, insofar as it relates to accused No.2, is hereby quashed.Crl.P.No.2458/2023
The impugned proceedings in C.C.No.950/2021 (arising out of Crime No.109/2021 of Doddapete Police), pending on the file of JMFC II at Shivamogga, insofar as it relates to accused No.2, is hereby quashed.Crl.P.No.2714/2023
The impugned proceedings in C.C.No.1803/2022 (arising out of Crime No.399/2022 of Rural Police), pending on the file of JMFC III at Shivamogga, insofar as it relates to accused No.2, is hereby quashed.Crl.P.No.4340/2023
The impugned proceedings in C.C.No.68/2022 (arising out of Crime No.50/2021 of Davanagere CEN Crime Police), pending on the file of III ACJ and JMFC, Davanagere, insofar as it relates to accused No.4, is hereby quashed.
- 14 -
NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023 W.P.No.12882/2023 The impugned proceedings in C.C.No.617/2023 (arising out of Crime No.14/2023 of Shivamogga Rural Police), pending on the file of JMFC III, Shivamogga, insofar as it relates to accused No.2, is hereby quashed.W.P.No.12919/2023
The impugned proceedings in C.C.No.29/2019 (arising out of Crime No.190/2018 of Nyamathi Police), pending on the file of Additional Civil Judge & JMFC, Honnalli, insofar as it relates to accused No.2, is hereby quashed.W.P.No.12934/2023
The impugned proceedings in C.C.No.1135/2023 (arising out of Crime No.253/2022 of Tunganagar Police), pending on the file of V Additional Civil Judge & JMFC, Shivamogga, insofar as it relates to accused No.1, is hereby quashed.
Sd/-
JUDGE ND List No.: 2 Sl No.: 4