Karnataka High Court
Nithyananda vs State Of Karnataka on 1 July, 2019
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
1
CRL.P. NO.3018/2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2019
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION No.3018 OF 2019
BETWEEN:
1. NITHYANANDA
S/O RAGHURAM SHETTY
AGED ABOUT 39 YEARS
R/AT H.NO.4-79/1
NEAR NAGABRAHMA KATTE
NANDANAPURA
AKASH BHAVAN, KAVUR VILLAGE
MANGALORE, D.K-575 007
2. KRISTOPER D SOUZA
S/O LATE WILLIAM D'SOUZA
AGED ABOUT 46 YEARS
R/O OLAGA VILLA, SHEDIGURI
ASHOK NAGAR, DAMBELL
MANGALURU-575 003
3. BRAYAN NARONA
S/O LATE BENNA NARONA
AGED ABOUT 40 YEARS
R/AT BRAYAN VILLA
NEAR SAI PROVISIONAL STORE
JALLIGUDDE, BAJAL
MANGALORE-575 007
4. KODLAYYA GURUBASAYYA GALAGALLI
S/O GURUBASAYYA GADAGAYYA GALAGALI
AGED ABOUT 46 YEARS
R/AT NEAR RAJESH HOUSE
ADARSH NAGARA
PEDIAYANDAGI, MANGALORE
D.K-575 015
5. PRAVEEN ACHARI
S/O SEETHARAMACHAI
AGED ABOUT 41 YEARS
R/A MOHAN KUMAR'S RENTED HOUSE
2
CRL.P. NO.3018/2019
KANAKARABETTU
SUTARAPETE, VELENACIA
MANGALORE, D.K.-575 006
6. RAJESH POOJARY
S/O BHASKAR POOJARY
AGED ABOUT 29 YEARS
R/AT ACCHUGEYARA BETTU
PEJAWARA POST
KENJARU VILLAGE, D.K -574 142
7. SUDINDRA RAO
S/O H.K. HARIDAS
AGED ABOUT 36 YEARS
R/AT H.NO.201, C BLOCK
CHARMS ENCLAVE, 7TH CROSS
BIJINEW ROAD, MANGALORE
D.K-575 013
8. BIJU MONU
S/O DAMODHAR M.P
AGED ABOUT 43 YEARS
R/AT H.NO.1-85/1, GOMATHI NILAYA
NEAR NAGABANA, BANGRAKULURU
MANGALORE, D.K-575 011
9. GOPAL SHETTY @ JAMBOO
S/O LAKSHAMI SHETTY
AGED ABOUT 68 YEARS
R/AT DR. VIDYA'S RENTED HOUSE
GUDDEYANGDI, PANJIMOGARU VILLAGE
MANGALORE, D.K-575 013 ... PETITIONERS
(BY SHRI. NISHIT KUMAR SHETTY, ADVOCATE)
AND:
STATE OF KARNATAKA
BY KAVOOR POLICE STATION
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-560 001 ... RESPONDENT
(BY SMT. K.P. YASHODHA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.7238/2018 (CRIME NO.189/2018) PENDING ON THE FILE OF THE
3
CRL.P. NO.3018/2019
JMFC III COURT, MANGALORE FOR THE OFFENCE P/U/Ss 79 AND 80 OF
KARNATAKA POLICE ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
Heard Shri Nishit Kumar Shetty, learned advocate for petitioners and Smt. K.P. Yashodha, learned HCGP for respondent-State.
2. Petitioners have challenged proceedings initiated against them for violation of Sections 79 & 80 of Karnataka Police Act, 1963, alleging that they were involved in playing "Andhar-Bahar".
3. Learned advocate for the petitioners submits that the said offences are non-cognizable in nature and the learned Magistrate has granted permission without applying his mind.
4. Learned advocate for the petitioners has made available a copy of requisition submitted by the Police Inspector of Kavoor Police Station, Mangaluru. A perusal of the said requisition shows that the learned Magistrate has endorsed as 'permitted'. No reasons are recorded for granting permission. 4 CRL.P. NO.3018/2019
5. This Court has taken a consistent view that a mere endorsement made by the learned Magistrate as 'permitted' without recording reasons is not a speaking order. [See The Padubidri Members Lounge and others Vs. Director General and Inspector General of Police and others (W.Ps.No.42073-42075/2018 D.D. 3.10.2018)].
6. In the circumstances, this petition merits consideration and it is accordingly allowed. All proceedings in C.C.No.7238/2018 (Crime No.189/2018) pending on the file of JMFC-III, Mangaluru.
No costs.
Sd/-
JUDGE AV