Karnataka High Court
Leo Karneleo vs State Of Karnataka on 18 November, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC:41411
CRL.P No. 9000 of 2023, C/W CRL.P No. 9037
of 2023, CRL.P No. 9038 of 2023, CRL.P No.
9245 of 2023, CRL.P No. 9476 of 2023, CRL.P
No. 10030 of 2023, CRL.P No. 10420 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 9000 OF 2023
C/W
CRIMINAL PETITION NO. 9037 OF 2023
CRIMINAL PETITION NO. 9038 OF 2023
CRIMINAL PETITION NO. 9245 OF 2023
CRIMINAL PETITION NO. 9476 OF 2023
CRIMINAL PETITION NO. 10030 OF 2023
CRIMINAL PETITION NO. 10420 OF 2023
IN CRIMINAL PETITION NO. 9000 OF 2023:
BETWEEN:
LEO CARNELEO
S/O LATE F X CAMELIO
AGED ABOUT 51 YEARS
NEAR ADARSHA BAKERY
AMBAGILU, PUTTUR VILLAGE
UDUPI TALUK, UDUPI DISTRICT-576 232.
...PETITIONER
(BY SRI. HALEEMA AMEEN, ADVOCATE)
Digitally signed by B
K
MAHENDRAKUMAR
Location: HIGH AND:
COURT OF
KARNATAKA
STATE OF KARNATAKA
BRAHMAVARA POLICE STATION
REP. BY SPP, HIGH COURT BUILDINGS
BANGALORE-560 001.
...RESPONDENT
(BY SRI. K NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE
THE ORDER OF TAKING COGNIZANCE DATED 15.11.2018 IN
C.C.NO.1795/2018 PENDING ON THE FILE OF THE ADDITIONAL
CIVIL JUDGE AND JMFC COURT, UDUPI REGISTERED BY THE POLICE
OF BRAHMAVARA POLICE STATION FOR THE OFFENCE
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NC: 2023:KHC:41411
CRL.P No. 9000 of 2023, C/W CRL.P No. 9037
of 2023, CRL.P No. 9038 of 2023, CRL.P No.
9245 of 2023, CRL.P No. 9476 of 2023, CRL.P
No. 10030 of 2023, CRL.P No. 10420 of 2023
P/U/S.78(i)(iii) OF KARNATAKA POLICE ACT 1963 AGAINST THE
PETITIONER.
IN CRIMINAL PETITION NO. 9037 OF 2023:
BETWEEN:
LEO CARNELEO
S/O LATE F X CAMELIO
AGED ABOUT 46 YEARS
R/OF 'ASHRAYA' HOUSE
NEAR ADARSHA BAKERY, KAKKUNJE
AMBAGILU, PUTTUR VILLAGE, UDUPI TALUK
UDUPI DISTRICT 576 232.
...PETITIONER
(BY SMT. HALEEMA AMEEN, ADVOCATE)
AND:
STATE OF KARNATAKA
MANIPAL POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE 560 001.
...RESPONDENT
(BY SRI. K NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE
THE ORDER TAKING COGNIZANCE DATED 04.04.2018 IN
C.C.NO.637/2018, PENDING ON THE FILE OF ADDITIONAL CIVIL
JUDGE AND JMFC COURT, UDUPI, REGISTERED BY THE POLICE OF
UDUPI TOWN POLICE STATION, FOR THE OFFENCE P/U/S 78(i)(iii)
OF KARNATAKA POLICE ACT, 1963, AGAINST THE PETITIONER.
IN CRIMINAL PETITION NO. 9038 OF 2023:
BETWEEN:
LEO CARNELEO
S/O LATE F X CAMELIO
AGED ABOUT 44 YEARS
R/OF 'ASHRAYA' HOSUE, KAKKUNJE
NEAR ADARSHA BAKERY, AMBAGILU
UDUPI TALUK, UDUPI DISTIRCT-576 232.
...PETITIONER
(BY SRI. HALEEMA AMEEN, ADVOCATE)
-3-
NC: 2023:KHC:41411
CRL.P No. 9000 of 2023, C/W CRL.P No. 9037
of 2023, CRL.P No. 9038 of 2023, CRL.P No.
9245 of 2023, CRL.P No. 9476 of 2023, CRL.P
No. 10030 of 2023, CRL.P No. 10420 of 2023
AND:
STATE OF KARNATAKA
BY PST, MALPE POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE-560 001.
...RESPONDENT
(BY SRI. K NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH
ORDER TAKING COGNIZANCE DATED 11.12.2017, THEREBY
QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.1760/2017
PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC
COURT, UDUPI, REGISTERED BY THE POLICE OF MALPE POLICE
STATION FOR THE OFFENCE P/U/S 78(i)(iii) OF KARNATAKA POLICE
ACT, AGAINST THE PETITIONER.
IN CRIMINAL PETITION NO. 9245 OF 2023:
BETWEEN:
LEO KARNELEO
S/O LATE F X CAMELIO
AGED ABOUT 46 YEARS
R/OF ASHRAYA HOUSE, KAKKUNJE
NEAR ADARSHA BAKERY
AMBAGILU, UDUPI TALUK
UDUPI DISTRICT 576 232.
...PETITIONER
(BY SRI. HALEEMA AMEEN, ADVOCATE)
AND:
STATE OF KARNATAKA
MALPE POLICE STATION
REP BY THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE 560 001.
...RESPONDENT
(BY SRI. K NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH
-4-
NC: 2023:KHC:41411
CRL.P No. 9000 of 2023, C/W CRL.P No. 9037
of 2023, CRL.P No. 9038 of 2023, CRL.P No.
9245 of 2023, CRL.P No. 9476 of 2023, CRL.P
No. 10030 of 2023, CRL.P No. 10420 of 2023
ORDER TAKING COGNIZANCE DATED 28.12.2017, THEREBY
QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.1918/2017
PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC
COURT, UDUPI, REGISTERED BY THE POLICE OF MALPE POLICE
STATION FOR THE OFFENCE P/U/S 78(i)(iii) OF KARNATAKA POLICE
ACT, AGAINST THE PETITIONER.
IN CRIMINAL PETITION NO. 9476 OF 2023:
BETWEEN:
LEO CARNELEO
S/O LATE F. X. CAMELIO
AGED ABOUT 46 YEARS
R/OF ASHRAYA HOUSE, KAKKUNJE
NEAR ADARSHA BAKERY
AMBAGILU, SHIVALLI VILLAGE
UDUPI TALUK, UDUPI DISTRICT 576 232.
...PETITIONER
(BY SRI. HALEEMA AMEEN, ADVOCATE)
AND:
STATE OF KARNATAKA
UDUPI TOWN POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BANGALORE 560 001.
...RESPONDENT
(BY SRI. K NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH
ORDER TAKING COGNIZANCE DATED 09.09.2017 THERE BY
QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.636/2018
PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC
COURT, UDUPI REGISTERED BY THE POLICE OF UDUPI TOWN
POLICE STATION FOR OFFENCE P/U/S.78(i),78(iii) OF KARNATAKA
POLICE ACT 1963 AGAINST THE PETITIONER.
IN CRIMINAL PETITION NO. 10030 OF 2023:
BETWEEN:
LEO CARNELEO
S/O LATE F X CAMELIO
AGED ABOUT 46 YEARS
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NC: 2023:KHC:41411
CRL.P No. 9000 of 2023, C/W CRL.P No. 9037
of 2023, CRL.P No. 9038 of 2023, CRL.P No.
9245 of 2023, CRL.P No. 9476 of 2023, CRL.P
No. 10030 of 2023, CRL.P No. 10420 of 2023
R/OF 'ASHRAYA' HOUSE
NEAR ADARSHA BAKERY, KAKKUNJE
AMBAGILU, PUTTUR VILLAGE
UDUPI TALUK, UDUPI DISTRICT 576 232.
...PETITIONER
(BY SRI. HALEEMA AMEEN, ADVOCATE)
AND:
STATE OF KARNATAKA
UDUPI TOWN POLICE STATION
REPRESENTED BY STATE
PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE 560 001.
...RESPONDENT
(BY SRI. K NAGESHWARAPPA, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH
ORDER TAKING COGNIZANCE DATED 24.11.2018, THEREBY
QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.1792/2018
PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE AND J.M.F.C
COURT, UDUPI REGISTERED BY THE POLICE OF UDUIPI TOWN P.S
FOR THE OFFENCE P/U/S 78(i)(iii) OF KARNATAKA POLICE ACT
AGAINST THE PETITIONER.
IN CRIMINAL PETITION NO. 10420 OF 2023:
BETWEEN:
LEO CAMELIO
S/O LATE F X CAMELIO
AGED ABOUT 46 YEARS
R/OF 'ASHRAYA', KAKKUNJE
AMBAGILU, PUTTUR POST
SHIVALLI VILLAGE, UDUPI TALUK
UDUPI DISTRICT 576 232.
...PETITIONER
(BY SRI. HALEEMA AMEEN, ADVOCATE)
AND:
STATE OF KARNATAKA
MANIPAL POLICE STATION
REPRESENTED BY
-6-
NC: 2023:KHC:41411
CRL.P No. 9000 of 2023, C/W CRL.P No. 9037
of 2023, CRL.P No. 9038 of 2023, CRL.P No.
9245 of 2023, CRL.P No. 9476 of 2023, CRL.P
No. 10030 of 2023, CRL.P No. 10420 of 2023
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE 560 001.
...RESPONDENT
(BY SRI. K NAGESHWARAPPA,HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE
THE ORDER TAKING COGNIZANCE DATED 03.08.2015, THEREBY
QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.1799/2015
PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND
J.M.F.C., UDUPI, REGISTERED BY THE POLICE OF MANIPAL POLICE
STATION FOR THE OFFENCE P/U/S 78(iii) OF KARNATAKA POLICE
ACT AGAINST THE PETITIONER.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The issues involved in all these petitions are similar and they are taken up together, heard and disposed of by this common order.
2. The petitioners have been charge sheeted for the offences punishable under Sections 78(1), 78(III) of the Karnataka Police Act, 1963 ('KP Act' for short) alleging that these petitioners were receiving money from the other accused who was collected from the public by betting Matka in a public place.
3. The learned counsel for the petitioner would submit that the petitioner has been implicated solely on the basis of the confession statement of the co-accused and in the absence -7- NC: 2023:KHC:41411 CRL.P No. 9000 of 2023, C/W CRL.P No. 9037 of 2023, CRL.P No. 9038 of 2023, CRL.P No. 9245 of 2023, CRL.P No. 9476 of 2023, CRL.P No. 10030 of 2023, CRL.P No. 10420 of 2023 of any corroborative material to substantiate that the petitioner was receiving money from the other accused who had collected the money from the public by betting Matka in a public place, the continuation of the criminal proceedings will be an abuse of process of law.
4. She further submits that the offence alleged against the petitioner is a non cognizable offence and the investigation was conducted without obtaining permission from the learned Magistrate as specified under Section 155(2) of the Cr.PC., which is mandatory. Therefore, the conducting of the investigation culminating in taking cognizance stands vitiated for non compliance of Section 155(2) of the Cr.PC.
5. Learned HCGP for the State would submit that the charge sheet material discloses that the petitioner herein was receiving money from other accused which was collected from the public by betting Matka in a public place, 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 petitioner has been implicated solely on the basis of the confession statement of the co-accused.
8. The Hon'ble Supreme Court in the case of State of Maharashtra v Damu reiterated that the confession statement -8- NC: 2023:KHC:41411 CRL.P No. 9000 of 2023, C/W CRL.P No. 9037 of 2023, CRL.P No. 9038 of 2023, CRL.P No. 9245 of 2023, CRL.P No. 9476 of 2023, CRL.P No. 10030 of 2023, CRL.P No. 10420 of 2023 of the co-accused is not evidence against the other accused and is inadmissible in law as stated under Section 25 of the Evidence Act. The prosecution has not placed any corroborative material to substantiate the allegation against the Petitioner and the Petitioner is sought to be prosecuted only on the basis of confession statement of the co-accused which is inadmissible in law.
9. The offence under Section 78(1) & (3) of the KP Act is a non cognizable offence, and the police before conducting investigation were required to take an order from the jurisdictional magistrate as stated under Section 155(2) of the Cr.PC. Hence, the conduct 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, the 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 petitioner will be an abuse of process of law.
10. Accordingly, I pass the following order:
ORDER The Criminal Petitions are allowed.Crl.P.No.9000/2023
The impugned proceedings in C.C.No.1795/2018 (arising out of Crime No.167/2018 of Brahmavara Police Station, pending on -9- NC: 2023:KHC:41411 CRL.P No. 9000 of 2023, C/W CRL.P No. 9037 of 2023, CRL.P No. 9038 of 2023, CRL.P No. 9245 of 2023, CRL.P No. 9476 of 2023, CRL.P No. 10030 of 2023, CRL.P No. 10420 of 2023 the file of the Addl. Civil Judge & JMFC, Udupi, insofar as it relates to petitioner herein stands quashed.Crl.P.No.9037/2023
The impugned proceedings in C.C.No.637/2018 (arising out of Crime No.180/2017 of Udupi Town Police Station, pending on the file of 1st Additional Civil Judge (Jr.Dn) & JMFC Court, Udupi Dist. Udupi, insofar as it relates to the petitioner herein stands quashed.Crl.P.No.9038/2023
The impugned proceedings in C.C.No.1760/2017 (arising out of Crime No.125/2017 of Malpe Police Station pending on the file Additional Civil Judge and JMFC, at Udupi, insofar as it relates to petitioner herein stands quashed.Crl.P.No.9245/2023
The impugned proceedings in C.C.No.1918/2017 (arising out of Crime No.114/2017 of Malpe Police Station, pending on the file of 1st Additional Civil Judge (Jr.Dn) & JMFC Court Udupi District, insofar as it relates to the petitioner herein stands quashed.Crl.P.No.9476/2023
The impugned proceedings in C.C.No.636/2018 (arising out of Crime No.167/2017 of Udupi Town Police Station, pending on
- 10 -
NC: 2023:KHC:41411 CRL.P No. 9000 of 2023, C/W CRL.P No. 9037 of 2023, CRL.P No. 9038 of 2023, CRL.P No. 9245 of 2023, CRL.P No. 9476 of 2023, CRL.P No. 10030 of 2023, CRL.P No. 10420 of 2023 the file of the 1st Additional Civil Judge (Jr.Dn) & JMFC Court Udupi District insofar it relates to petitioner herein stands quashed.Crl.P.No.10030/2023
The impugned proceedings in C.C.No.1792/2018 (arising out of Crime No.156 Udupi Police Station, pending on the file of, 1st Additional Civil Judge (Jr.Dn) & JMFC Court Udupi District insofar it relates to petitioner herein stands quashed.Crl.P.No.10420/2023
The impugned proceedings in C.C.No.1799/2015 (arising out of Crime No.135/2015 of Manipal Police Station, pending on the file of II Additional Civil Judge (Jr.Dn.) & JMFC Court Udupi insofar it relates to petitioner herein stands quashed.
Sd/-
JUDGE HR