Karnataka High Court
Ranganatha @ Rangappa vs The State Of Karnataka on 7 June, 2021
Author: S Vishwajith Shetty
Bench: S.Vishwajith Shetty
CRL.P.3759/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRL.P.No.3759/2021
BETWEEN:
1. Ranganatha @ Rangappa,
S/o Shekarappa,
Aged about 28 years,
R/o Govinahal village,
Harihara Taluk,
Davangere District - 577 530.
2. Faqru Sab,
S/o Jamal Sab,
Aged about 68 years,
R/o Azad Nagar,
Malebennur Town,
Harihara Taluk,
Davanagere District - 577 530. ... PETITIONERS
(By Sri Jayaprakash.K.N., Adv.)
AND:
The State of Karnataka,
By Malebennur Police Station,
Harihara Taluk, Davangere,
Reptd. By its SPP,
High Court Building,
Bengaluru - 560 001. ... RESPONDENT
(By Sri K.S.Abhijith, HCGP)
This Criminal Petition is filed under Section 482 Cr.PC,
praying to quash the entire proceedings in C.C.No.866/2021
CRL.P.3759/2021
2
arising out of Crime No.35/2021 registered by Malebennur
Police Station, Harihara Taluk, Davanagere, pending on the file
of II Addl. Civil Judge & JMFC, Harihar, for the offences
punishable under Section 78(iii) of Karnataka Police Act.
This petition coming on for Admission, this day, the
Court made the following:
ORDER
1. Heard the learned Counsel for the petitioners and the learned HCGP for the respondent-State.
2. Brief facts of the case leading to the filing of this petition are, the respondent-Police on a credible information received by them on 05.03.2021 at about 3.00 p.m., with regard to conducting illegal Matka game in public place near Govinahal village bus stand, raided the spot and arrested the petitioners and also recovered an amount of Rs.12,600/- cash, one pen and one OC chit used for conducting the Matka game. Thereafter, a complaint was lodged and based on the same, case in Crime No.35/2021 was registered by Malebennur Police Station of Harihara Circle for the offence punishable under CRL.P.3759/2021 3 Section 78 of the Karnataka Police Act, 1963. After investigation, charge sheet has been filed and the case is now pending before the Court of II Additional Civil Judge & JMFC, Harihara, in C.C.No.866/2021. Being aggrieved by the same, the petitioners have approached this Court.
3. Learned Counsel for the petitioners submits that there is absolutely no material in the charge sheet to proceed against the petitioners for the alleged offences. He submits that there is no complaint received from any private party nor is there any statement recorded by the Investigation Officer of a private party who is said to have been cheated in the case. He has relied upon the order of this Court in Crl.P.No.9122/2017 connected with Crl.P.No.9125/2017 disposed of on 17.02.2018, wherein in identical circumstances, this Court has quashed the criminal proceedings. This Court in paragraph 2 of the said order, has observed as follows:
"2. Therefore, looking to the above said facts and circumstances, it is accused No.1 who has disclosed the name of this CRL.P.3759/2021 4 petitioner that after accused No.1 playing 'matka' and getting money, he used to give the said money to the present petitioner. But there is absolutely no material in the FIR to show that whether the police have enquired any other person or public at large to ascertain whether the said factum stated by accused No.1 is true or not. Even after filing of the charge-sheet, the police have not collected any material with regard to the accused No.1 paying money collected by playing 'matka' to accused No.2. In this connection, the police have recorded the statement of many witnesses. However, on careful perusal of the statement of witnesses including the police witnesses, it could be seen that no body have got any personal or special knowledge about accused No.1 making payment in favour of accused No.2 after playing 'matka'. Even on careful perusal of the entire statements of witnesses, the prosecution has relied upon the statement of the co-accused which is not corroborated by any material on record. Therefore, there is absolutely no offence committed either under S.78(3) of the Karnataka Police Act or under S.420 of CRL.P.3759/2021 5 IPC, in so far as the petitioner herein is concerned.
Under the above said circumstances, I am of the opinion that the proceedings in C.C. Nos.276/2017 and 385/2016 on the file of the Prl. Civil Judge & JMFC Court, Sagara, Shivamogga Dist. in so far as the petitioner herein is concerned are liable to be quashed and accordingly they are quashed.
The petitions are allowed in the above terms."
4. I have carefully considered the material available on record.
5. From the charge sheet which is available on the file, it is seen that there is no statement of any independent person with regard to the petitioners indulging in conducting Matka. In the absence of any statement of an independent person that the petitioners were induldged in playing or conducting the Matka game and that petitioners had collected money from them, etc., they cannot be CRL.P.3759/2021 6 prosecuted for the alleged offences. Under the circumstances, I am of the considered opinion that the impugned proceedings are liable to be quashed for the purpose of securing the ends of justice. The continuation of criminal proceedings would otherwise amount to abuse of process of law. Accordingly, I proceed to pass the following order:
6. Criminal petition is allowed. The entire proceedings in C.C.No.866/2021 pending on the file of II Addl. Civil Judge & JMFC, Harihara, arising out of Crime No.35/2021 registered by Malebennur Police Station, for the offence punishable under Section 78 of Karnataka Police Act, 1963, stands quashed.
Sd/-
JUDGE KK