Karnataka High Court
Harsha Sports Paradise (R) vs The Superintendent Of Police on 3 June, 2015
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2015
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
WRIT PETITION NO.2557/2015 C/W
WRIT PETITION NOS.57893/2013 & 1710/2014 & 6683-
6685/2014 (GM-RES)
C/W
CRIMINAL PETITION NOS.6715/2014, 7271/2014,
5078/2011, 6596/2011, 7561/2013, 8010/2013,
8038/2013, 893/2014, 1353/2014, 5543/2014,
6023/2014, 6326/2014, 6713/2014, 3565/2010,
2637/2014
IN W.P.NO.2557/2015
BETWEEN:
HARSHA SPORTS PARADISE (R)
NO.47, KELAGOTE VILLAGE,
NEAR N.H. 4, MADAKEREPURA
GRAMA PANCHAYAT
CHITRADURGA TALUK,
CHITRADURGA DISTRICT-577501
REPRESENTED BY ITS SECRETARY.
... PETITIONER
(BY SRI B.K.MANJUNATH, ADV.)
AND:
1. THE SUPERINTENDENT OF POLICE
CHITRADURGA DISTRICT
CHITRADURGA - 577 501.
2
2. THE CIRCLE INSPECTOR OF POLICE
CITY POLICE STATION,
CHITRADURGA - 577 501.
3. THE SUB-INSPECTOR OF POLICE
TOWN POLICE STATION,
CHITRADURGA - 577 501.
... RESPONDENTS
(BY SRI B.T. VENKATESH, SPP-II)
THIS PETITION IN FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA READ WITH S.482 CR.P.C.,
PRAYING TO QUASH THE F.I.R. REGISTERED BY THE SUB-
INSPECTOR OF TOWN POLICE STATION, CHITRADURGA UNDER
S.154 OF CRIMINAL PROCEDURE CODE IN CRIME NO.449/2014
DATED 10.11.2014 VIDE ANNEXURE-K AGAINST THE
PETITIONER AND OTHERS UNDER Ss.79 AND 80 OF THE
KARNATAKA POLICE ACT BY ISSUING A WRIT OF CERTIORARI;
DIRECT THE 1ST RESPONDENT NOT TO PREVENT THE
PETITIONER FROM CARRYING ON ITS LAWFUL ACTIVITIES.
IN W.P.NOS.57893/2013 & 1710/2014
BETWEEN:
1. FRIENDS RECREATION CLUB
A SOCIETY REGISTERED UNDER
THE KARNATAKA SOCIETIES ACT
AND HAVING ITS OFFICES AT NO.151,
SRIVARI MANSION, 2ND FLOOR,
5TH MAIN, CHAMARAJPETE,
BANGALORE -560 018
REPRESENTED BY ITS HON. SECRETARY
Mr. SAMPATH KUMAR B.L.
2. JITHIN
AGED ABOUT 23 YEARS,
RESIDING AT NO.8, 7TH CROSS,
8TH MAIN ROAD, VASANTHNAGAR,
BANGALORE CITY - 560 052.
... PETITIONERS
(BY SRI B.S. RAGHU PRASAD, ADV.)
3
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HOME,
VIKAS SOUDHA,
VEEDHAN VEEDHI,
BANGALORE 560 001
REP. BY ITS PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER OF POLICE
BANGALORE SOUTH DIVISION,
BANGALORE - 560 008.
3. H. LAKSHMINARAYAN PRASAD
POLICE INSPECTOR,
C.C.B. BRAINDS SQUIRE
MYSORE ROAD
BANGALORE-560 067.
4. THE STATION HOUSE OFFICER
CENTRAL POLICE STATION,
BANGALORE CITY - 560 001.
... RESPONDENTS
(BY SRI B.T. VENKATESH, SPP-II FOR R1, R2 & R4;
SMT. SUNITHA H. SINGH, ADV. FOR R3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA READ WITH S.482
CR.P.C., PRAYING TO QUASH THE REGISTERING OF FIR BY THE
4TH RESPONDENT AS CRIME NO.106/2013 VIDE ANNEXURE-E,
ETC.
IN W.P.NOS.6683-6685/2014
BETWEEN:
1. INDIAN POKER ASSOCIATION (IPA)
A SOCIETY REGISTERED UNDER THE
4
KARNATAKA SOCIETIES ACT AND
HAVING ITS OFFICES AT NO.G-03,
SRI ASHRAM VIEW ENCLAVE
15/3, K.S.GARDEN,
TAMMARAI KANNAN ROAD, ULSOOR,
BANGALORE-560 008.
ALSO AT:
YMIA NO.5, AASAYE ROAD,
BANGALORE - 560 042
REPRESENTED BY ITS HON. SECRETARY
Mr. SURESH K. NADUVATH.
2. SIDDARTH
S/O GUNACHANDRA,
AGED 25 YEARS,
RESIDING AT NO.37, 4TH CROSS,
10TH MAIN, NANDAN COLONY,
HORAMAVU,
BANGALORE-560 076.
3. ABHISHEK
S/O MANOJ KUMAR,
AGED 22 YEARS,
RESIDING AT 53/3,
NEXT TO GOVT. SCHOOL,
3RD CROSS, MATHIKERE,
BANGALORE - 560 053.
... PETITIONERS
(BY SRI B.S. RAGHU PRASAD, ADV.)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HOME,
VIKAS SOUDHA,
VEEDHAN VEEDHI,
BANGALORE-560 001
REP. BY ITS PRINCIPAL SECRETARY.
5
2. THE DEPUTY COMMISSIONER OF POLICE
BANGALORE WEST,
ABOVE ULSOOR POLICE STATION,
ULSOOR,
BANGALORE-560 008.
3. THE ASSISTANT COMMISSIONER OF POLICE
PULAKESHINAGAR SUB DIVISION,
PULAKESHINAGAR POLICE STATION,
BANGALORE CITY - 560 005.
4. THE STATION HOUSE OFFICER
PULAKESHINAGAR POLICE STATION,
BANGALORE CITY - 560 005.
... RESPONDENTS
(BY SRI B.T. VENKATESH, SPP-II)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA READ WITH S.482
CR.P.C., PRAYING TO QUASH THE REGISTERING OF FIR BY THE
4TH RESPONDENT IN CRIME NO.217/2013 VIDE ANNEXURE-E
AND QUASH ENTIRE CHARGE SHEET BEFORE THE MMTC-I,
MAYO HALL, BANGALORE IN C.C.1379/2013.
IN CRL.P.NO.6715/2014
BETWEEN:
1. ABDUL LATHEEF
32 YEARS, BADOOR
KASARGODE
KERALA - 620 218.
2. SHAMSHUDDIN
42 YEARS, UPPALA NAYABAZAR
OPP. GOVERNMENT HOSPITAL
AMBARU ROAD, KASARGODE,
KERALA - 620 218.
6
3. IBRAHIM
55 YEARS, ULIYATHDKA
NEAR MAIKMILL
MAADHUR KASARGOD
KERALA - 620 218.
4. NASEER
55 YEARS, OPP. BEKAL FORT,
PALLIKARE ROAD,
KASARGODE
KERALA - 620 218.
5. KUNHI KRISHNA
42 YEARS, NELLIYADKA PANIYALA POST
KASARAGODE
KERALA - 620 218.
6. ABDUL KHADER
53 YEARS, HOSANGADI K.P. ASSAR MANZIL
MANJESHWARA, KASARGODE
KERALA - 620 218.
7. ABDUL KHADER
56 YEARS, 7-66, 7TH BLOCK,
KRISHNAPURA
KATIPALLA, SURATHKAL
MANGALORE CITY,
KARNATAKA - 575 001.
8. GOPAL
56 YEARS, B-1-BARD CAMPUS
KRISHNA NAGAR, BONDEL
MANGALORE CITY
KARNATAKA - 575 001.
9. SURESH
55 YEARS, TELEPHONE EXCHANGE QTRS.
SURTHKAL, MANGALORE CITY
KARNATAKA - 575 001.
10. P.H. AHAMMED
38 YEARS, DOOR NO. 88
1ST BLOCK, KATIPALLA
7
KRISHNA PURA, SURATHKAL
MANGALORE CITY,
KARNATAKA - 575 001.
11. VINCENT D'SOUZA
47 YEARS, BODDURU HOUSE
KULLURU, MANGALORE CITY
KARNATAKA - 575 001.
12. RAJASHEKARA
46 YEARS, CHILIMBIGUDDE
URWA, MANGALORE CITY
KARNATAKA - 575 001.
13. JAYANTH
27 YEARS, ANEBAGILLU HOUSE,
DHARMATHDKA, KASARGODE,
KERALA - 620 218.
14. P.A. SAMAD
61 YEARS, 335-7, KRISHNAPURA
7TH BLOCK, SURATHKAL
MANGALORE CITY
KARNATAKA - 575 001.
15. SHANKAR M
64 YEARS, THOYAMEL HOUSE
HOSADURGA, KANHAGAD
KASARGODE,
KERALA - 620 218.
16. GANESH KUMAR
28 YEARS, NEAR CHERCH ROAD,
BEHIND KEB, SURATHKAL
MANGALORE CITY
KARNATAKA - 575 001.
17. RAGHAVENDRA
26 YEARS, CHALLAKERE,
GOPANAHALLI VILLAGE,
CHITRADURGA,
KARNATAKA - 575 001.
8
18. RAGHURAMA SHETTY
28 YEARS, BEHIND SRI SIDI EMPIRE MALL
KODIYALBAIL, MANGALORE CITY,
KARNATAKA - 575 001.
19. ACHUTHA
40 YEARS, ARADHANA KAKKEBETTU
KULASHEKAR, MANGALORE CITY
KARNATAKA - 575 001.
20. SALAM
57 YEARS, K.C. ROAD,
ULLAS NAGAR, TALAPADY,
MANGALORE CITY
KARNATAKA - 575 001.
... PETITIONERS
(BY SRI ARUNA SHYAM M., ADV.)
AND:
THE STATE OF KARNATAKA
BY MANGALORE EAST POLICE STATION,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
QUASH THE FIR IN CRIME NO.60/2014 REGISTERED BY
RESPONDENT - POLICE, PENDING BEFORE THE 4TH CIVIL JUDGE
(JR.DN.) AND JMFC, MANGALORE CITY, MANGALORE AND ALL
FURTHER PROCEEDINGS PURSUANT THERETO.
IN CRL.P.NO.7271/2014
BETWEEN:
1. SIDDAPPA
S/O RANGANNA,
AGED ABOUT 59 YEARS,
9
OCC:CDPO OFFICER, R/O BALAJINAGARA,
SIRA TOWN, TUMKUR,
KARNATAKA-572 137.
2. NAGARAJU S/O NAGAPPA,
AGED ABOUT 48 YEARS,
R/O NEAR ANJANEYA SWAMY TEMPLE,
MARUTHI NAGARA, SIRA TOWN, TUMKUR,
KARNATAKA-572 137.
3. RUDRAIAH S/O THIPPANNA,
AGED ABOUT 50 YEARS,
R/O PATTANAYAKANAHALLI VILLAGE,
SIRA TALUK, TUMKUR,
KARNATAKA-572 137.
4. KENCHAPPA
S/O LATE KARIYAPPA,
AGED ABOUT 55 YEARS,
R/O THUPPADAKONA VILLAGE,
SIRA TALUK, TUMKUR,
KARNATAKA-572 137.
5. PRAKASH S/O KENCHAPPA,
AGED ABOUT 41 YEARS,
R/O GOLLAHALLI VILLAGE,
SIRA TALUK, TUMKUR,
KARNATKA-572 137.
6. RAJANNA S/O LATE MALLANNA,
AGED ABOUT 50 YEARS,
R/O JYOTHINAGAR,
SIRA TALUK, TUMKUR,
KARNATAKA-572 137.
7. GURUNATHA S/O NINGANNA,
AGED ABOUT 55 YEARS,
R/O KALIDASANAGARA,
SIRA TALUK, TUMKUR,
KARNATAKA-572 137.
8. HONNAPPA S/O SRIRANGAPPA,
AGED ABOUT 48 YEARS,
10
R/O JUNJARAMANAHALLI VILLAGE,
SIRQ TALUK, TUMKUR,
KARNATAKA-572 137.
9. NAGARAJU S/O DODDANNA,
AGED ABOUT 35 YEARS,
R/O TOGARUGUNTE VILLAGE,
SIRA TALUK, TUMKUR,
KARNATAKA-572 137
10. MANJUNATH S/O RATHNAPPA,
AGED ABOUT 42 YEARS,
R/O GANDHINAGARA,
SIRA TALUK, TUMKUR,
KARNATAKA-572 137.
11. MOHAMMED ISMAIL
S/O ABDUL JALEEL,
AGED ABOUT 50 YEARS,
R/O KHARADIMOHALLA,
SIRA TALUK, TUMKUR,
KARNATAKA-572 137.
12. ANEKAL RAJANNA
AGED ABOUT 40 YEARS
R/O TUMKUR,
KARNATAKA-572 137.
... PETITIONERS
(BY SRI R.B. DESHPANDE, ADV.)
AND:
THE STATE OF KARNATAKA BY
SIRA POLICE STATION,
TUMKUR DISTRICT-572 137.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE
11
PETITIONERS IN CRIME NO.23/2014 OF SIRA POLICE STATION,
TUMKUR DISTRICT, PENDING ON THE FILE OF THE PRL.CIVIL
JUDGE (SR.DN.) AND CJM COURT, SIRA, TUMKUR DISTRICT.
IN CRL.P.NO.5078/2011
BETWEEN:
1. THE KUNDAPURA SPORTS AND
GAMES ASSOCIATION
NEAR N.H. 17, KUNDAPURA
UDUPI DISTRICT
REPRESENTED BY ITS SECRETARY
SRI NAGARAJA K.
2. SRI JAYARAJ
AGED ABOUT 36 YEARS
S/O SHIVARAMA SHETTY
HERJADY TOTADA MANE
VANDSE, KARKUNJE VILLAGE
KUNDAPURA TALUK,
UDUPI DISTRICT.
3. SRI RAJAKUMAR SHETTY
AGED ABOUT 42 YEARS
S/O KRISHNAPPA SHETTY
R/O NEAR KATKERI SCHOOL
KALAVARA VILLAGE
KUNDAPURA TALUK,
UDUPI DISTRICT.
4. SRI NARASIMHA POOJARY
AGED ABOUT 49 YEARS
S/O KUSHTA POOJARY
R/O BALKURU VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT.
5. SRI CHANDRASHEKARA SHETTY
AGED ABOUT 60 YEARS
S/O MUDDANNA SHETTY
R/O GAJANANA ROAD
12
KEMMANNU VILLAGE
UDUPI TALUK AND DISTRICT.
6. SRI SATHISH
AGED ABOUT 42 YEARS
S/O LATE C.M. KUNDAR
R/O KAMALA MANE ULIYARGOLI
KAUP, UDUPI TALUK AND DISTRICT.
7. SRI SADASHIVA SHASTRI
AGED ABOUT 45 YEARS
S/O VASUDEVA SHASTRI
R/O SHIROOR, MUDDUMANE KUDI VILLAGE
UDUPI TALUK AND DISTRICT.
8. SRI KUSUMAKARA SHETTY
AGED ABOUT 39 YEARS
S/O SHEENAPPA SHETTY
R/O T T ROAD, VADERHOBLI VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT.
9. SRI ANAND KOTIAN
AGED ABOUT 49 YEARS
S/O LATE ANNAYYA KOTIAN
R/O DEVI NILAYA
KAKKUNJE HOUSE
SANTHEKATTE KALYANPURA
UDUPI TALUK & DISTRICT.
10. SRI SOORA POOJARY
AGED ABOUT 56 YEARS
S/O LATE KORAGA POOJARY
R/O SAPTHAGIRI
BASROOR VILLAGE
KUNDAPURA TALUK,
UDUPI DISTRICT.
11. SRI RAMACHANDRA KODI
AGED ABOUT 54 YEARS
S/O GANAPATHI MADYA KODI
R/O KODI KASABA VILLAGE
13
KUNDAPURA TAKLUK
UDUPI DISTRICT.
12. SRI JAYANTHA SHETTY
AGED ABOUT 50 YEARS
S/O CHANDRA
R/O NOOJADY MALLIBETTU
NOOJADY VILLAGE, KUNDAPURA TALUK
UDUPI DISTRICT.
13. SRI SUDHAKARA SHETTY
AGED ABOUT 60 YEARS
S/O NARAYANA SHETTY
R/O YADADI MATHIADY VILLAGE
UDUPI TALUK & DISTRICT.
14. SRI SOMANATHA KUNDAR
AGED ABOUT 57 YEARS
S/O ANNAPPA
R/O KOLA ROAD, MALPE
UDUPI TALUK & DISTRICT.
15. SRI MOHAMMED SHAFI
AGED ABOUT 48 YEARS
S/O LATE MEERA SAHEEB
R/O KASABA GUDDE
N.H.17, KUNDAPURA TALUK
UDUPI DISTRICT.
16. SRI JAYAPRAKASH
AGED ABOUT 36 YEARS
S/O KARUNAKARA SHETTY
R/O PARVATHAGUDDE
CHITTURU VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT.
17. SRI AZEEZ
AGED ABOUT 66 YEARS
S/O LATE HAMEED
R/O CHURCH ROAD, BYNDOOR
KUNDAPURA TALUK
14
UDUPI DISTRICT.
18. SRI V.P. KUNJLI
AGED ABOUT 65 YEARS
S/O LATE KOYANNI
R/O ITHAL BETTU, KOTESHWARA VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT.
19. SRI RAMACHANDRA RAO
AGED ABOUT 56 YEARS
S/O NAGAPPA RAO
R/O GURUDEVA MARKET ROAD
SIDDAPURA, KUNDAPURA TALUK
UDUPI DISTRICT.
20. SRI DODDA RUDRAYYA
AGED ABOUT 34 YEARS
S/O MARULAYYA
R/O KOTATHATTU VILLAGE
UDUPI TALUK & DISTRICT.
21. SRI DAYANANDA
AGED ABOUT 45 YEARS
S/O BALAKRISHNA
R/O J.L.B. ROAD
KUNDAPURA TALUK
UDUPI DISTRICT.
22. SRI VASANTHA SHETTY
AGED ABOUT 60 YEARS
S/O SANJEEVA SHETTY
R/O DURGA STORE
HALADY PETE, HALADY VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT.
23. SURESH AITHAL
AGED ABOUT 50 YEARS
S/O RAMA AITHAL
R/O UPPINAKUDRU VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT.
15
24. SRI RAJESHA
AGED ABOUT 40 YEARS
S/O NAGAPPA
R/O NEAR KONI SCHOOL
KONI VILLAGE, KUNDAPURA TALUK
UDUPI DISTRICT.
25. SRI SHEENA POOJARY
AGED ABOUT 55 YEARS
S/O NANDI
R/O NEAR ADARSHA HOSPITAL
KUNDAPURA TALUK
UDUPI DISTRICT.
26. SRI UBAIDULLA
AGED ABOUT 36 YEARS
S/O G.MOHAMMED
R/O GANDHIKATTE
GULVADY VILLAGE, KUNDAPURA TALUK
UDUPI DISTRICT.
27. SRI SRINIVASA KHARVI
AGED ABOUT 52 YEARS
S/O NARAYANA
R/O GANDHIKATTE, GULVADY VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT.
28. SRI ABU
AGED ABOUT 42 YEARS
R/O FERI ROAD, KASABA VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT.
29. SRI K. SHEENA
AGED ABOUT 61 YEARS
S/O LATE SADIYA
R/O B H M ROAD
VADER HOBLI VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT.
16
30. SRI ASHOK SALIYAN
AGED ABOUT 37 YEARS
S/O MANJU
R/O MANCHIKUMERI INDUSTRIAL ESTATE
MANIPALA
UDUPI TALUK & DISTRICT.
31. SRI UMMAR
AGED ABOUT 48 YEARS
S/O MOHAMMED MUSA
R/O ISHA MANZIL, MALPE
UDUPI TALUK & DISTRICT.
32. SRI SHAMBU
AGED ABOUT 48 YEARS
S/O SOMA KANCHAN
R/O VIJAYA NILAYA
MELPETE UDYAVARA
UDUPI TALUK & DISTRICT.
33. SRI MOHAN KHARVI
AGED ABOUT 50 YEARS
S/O JAYANTHA, R/O BANDAR ROAD
GANGOLLI VILLAGE, KUNDAPURA TALUK
UDUPI DISTRICT.
34. SRI KARUNAKARA SHETTY
AGED ABOUT 47 YEARS
S/O RAMAYYA SHETTY
R/O AJRI KARKUNJE VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT.
35. SRI NAGARAJA K.,
AGED ABOUT 49 YEARS
S/O LATE ANNAPPAYYA
R/O DATTATREYA APARTMENT
ROOM NO. 604, WEST BLOCK ROAD
KUNDAPURA TALUK
UDUPI DISTRICT.
... PETITIONERS
(BY SRI MAHESHKIRAN SHETTY, ADV.)
17
AND:
THE CIRCLE INSPECTOR OF POLICE
KUNDAPURA CIRCLE
KUNDAPRUA
UDUPI DISTRICT.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING
TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1777/2011
DATED 19.08.2011 PENDING ON THE FILE OF THE ADDL. CIVIL
JUDGE (JR.DN.) AND JMFC, KUNDAPURA, FOR THE OFFENCES
PUNISHABLE UNDER Ss.79 AND 80 OF THE KARANATAKA
POLICE ACT.
IN CRL.P.NO.6596/2011
BETWEEN:
1. NAVEEN KUMAR CHANGAPPA
S/O LATE KARIYAPPA,
R/O NO.211, 1ST FLOOR,
GUDDADAHALLI MAIN ROAD, HEBBAL,
R.T.NAGAR POST,
BANGALORE-560032.
2. SHYAM PUNACHA
S/O BELLIYAPPA,
R/AT NO.42, 3RD CROSS,
SHYAMANNA GOWDA LAYOUT,
HALASUR,
BANGALORE 560008.
3. PRADEEP PUJARI
S/O BABU PUJARI
R/AT NO.362, 9TH CROSS,
JAKKURU LAYOUT, YALAHANKA,
BANGALORE.
18
4. JAGADEESH
S/O DASAPPA
R/AT NO.142, SARJAPURA ROAD,
KAIKONDA HALLI,
BANGALORE-560 035.
5. K.N. MAHESH
S/O LINGAPPA
R/AT NO.35, 1ST MAIN, 2ND CROSS,
VIDYANAGAR, T.DASARAHALLI,
BANGALORE-560 058.
6. ABBAS BAIG
S/O BAJMARN,
R/AT NO.6, 2ND CROSS, HENNUR,
BANGALORE.
7. RAMESH
S/O LATE JANAKI RAM,
R/AT NO.14, 1ST CROSS,
LINGAYYANAPALYA, HALASUR,
BANGALORE-560 008.
8. SHRINIVAS
S/O MUDDAVEERAPPA,
R/AT NO.117, CHANNAPPA ROAD,
KAMMANAHALLI MAIN ROAD,
KAMMANAHALLI,
BANGALORE-560084.
... PETITIONERS
(BY SRI HARISH A. CHARVAKA, ADV.)
AND:
STATE OF KARNATAKA THROUGH
VARTHUR POLICE,
BANGALORE DISTRICT.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
19
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
QUASH THE CHARGE SHEET IN C.C.NO.3368/2011 REGISTERED
BY THE VARTHURU POLICE FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER Ss.79 AND 80 OF THE KARNATAKA POLICE
ACT 1963, PENDING BEFORE THE ADDL.CHIEF JUDICIAL
MAGISTRATE, BANGALORE.
IN CRL.P.NO.7561/2013
BETWEEN:
1. RAJESH M.P.,
S/O PARSHWANATH
AGED ABOUT 39 YEARS
#132, M.I.G.I.G.I.
KHB COLONY HOTAGALLY
MYSORE DISTRICT - 570 001.
2. NARESH
S/O SHIVANNA
AGED ABOUT 28 YEARS
#6, KATTE BILUGULI, HALE KOTE ROAD
H.N. PURA TALUK
HASSAN - 573 211.
3. SARVESH
S/O SRIRAME GOWDA
BANDIHOLE VILLAGE POST
K.R. PET TALUK
MANDYA DISTRICT - 571 426.
4. K. KRISHNA
S/O LATE KALAIAH
AGED ABOUT 60 YEARS
#1012/2, N.S. ROAD
NEAR SIDDAPPE SQUARE
8TH CROSS, K.R. MOHALLA
MYSORE DISTRICT - 570 001.
5. BADRI PRASAD
S/O B.G.M.MURTHY
AGED ABOUT 49 YEARS
20
MAYURA CIRCLE, JOG PET
SHIDLAGATTA, C.B.PURA - 562 105.
6. S. MANJU KUMAR SWAMY
S/O SIDDAPPAJI
AGED ABOUT 34 YEARS
307/A, 1ST CORSS, LOKANAYAKANAGAR
HEBBAL MAIN ROAD
MYSORE - 570 001.
7. SIDDARAJU
S/O LATE MANTAIAH
AGED ABOUT 53 YEARS
#216, 5TH CROSS, V.V. NAGAR
KALLAHALLI
MANDYA - 571 401.
8. M.V. SUBRAMANYA
S/O LATE S. VENKATARAMANA SHETTY
#1047/10, II MAIN, 5TH CROSS
VIDYARANYAPURAM
MYSORE - 570 001.
9. N. SURESH
S/O LATE NAGEN SHETTY
AGED ABOUT 46 YEARS
#109, 8TH WARD, S.R. ROAD
GUNDLEPET - 571 111.
10. KASTHRI
S/O SRINIVASA IYENGAR
AGED ABOUT 76 YEARS
#367, H BLOCK, RAMAKRISHNA NAGAR
II CROSS, 7TH MAIN
MYSORE - 570 001.
... PETITIONERS
(BY SRI M. SHARASS CHANDRA, ADV.)
AND:
STATE OF KARNATAKA BY
LAKSHMIPURAM P.S.,
21
(REP. BY SPP)
MYSORE - 570 001.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
QUASH THE FIR IN CRIME NO.68/2013 OF RESPONDENT
LAKSHMIPURAM POLICE STATION, MYSORE WHICH IS PENDING
ON THE FILE OF HON'BLE I ACJ, JMFC AT MYSORE FOR
OFFENCES PUNISHABLE UNDER Ss.79 AND 80 OF KARNATAKA
POLICE ACT AGAINST THE PETITIONERS.
IN CRL.P.NO.8010/2013
BETWEEN:
1. THIPPESHI
S/O SIDDAPPA
AGED ABOUT 27 YEARS
UPPARARU BY CASTE,
OCC: PIPELINE WORK
R/O. 10TH CROSS, K.T.J. NAGAR
DAVANAGERE - 577 003.
2. K. KUMARA
S/O THIPPANNA
AGED ABOUT 43 YEARS
KORACHARU BY CASTE
OCC: AUTO DRIVER
R/O. ANJANEYA BADAVANE
NITTUVALLI
DAVANAGERE 577 003.
3. PARAMESHI
S/O RAMACHANDRAPPA
AGED ABOUT 37 YEARS
KORACHARU BY CASTE,
OCC: FINANCE BUSINESS
R/O. 11TH CROSS, K.T.J NAGAR
DAVANAGERE 577 003.
22
4. N. VENKATESH S/O NAGAPPA
AGED ABOUT 40 YEARS
KORACHARU BY CASTE
OCC: AUTO DRIVER,
R/O. 17TH CROSS, K.T.J. NAGAR
DAVANAGERE 577 003.
5. R. VENKATESHA
S/O RAMAPPA
AGED ABOUT 32 YEARS
KORACHARU BY CASTE
OCC: AUTO DRIVER
R/O 17TH CROSS, K.T.J NAGAR
DAVANAGERE 577 003.
6. SRINIVASA
S/O HUCHCHANGEPPA
AGED ABOUT 24 YEARS
BESTARU BY CASTE
OCC: ELECTRICIAN
R/O. 17TH CROSS, K.T.J. NAGAR
DAVANAGERE 577 003.
7. PAPANNA
S/O PARAMESHWARAPPA
AGED ABOUT 25 YEARS
NAYAKA BY CASTE
OCC: AUTO DRIVER
R/O. 332, BHAGATSINGH NAGARA
3RD CROSS, DAVANAGERE 577 003.
8. SHIVU S/O THIPPESWAMY
AGED ABOUT 23 YEARS
KORACHARU BY CASTE
R/O. 11TH CROSS, K.T.J. NAGAR
DAVANAGERE 577 003.
9. CHANDRAPPA S/O GOORAPPA
AGED ABOUT 37 YEARS
GOWDARU BY CASTE
OCC: ELECTRICIAN
R/O. 16TH CROSS, K.T.J. NAGAR,
DAVANAGERE - 577 003.
23
10. SRINIVASA
S/O KAPINIGOWDA
AGED ABOUT 31 YEARS
GOWDARU BY CASTE
OCC: ELECTRICIAN
R/O. 16TH CROSS, K.T.J. NAGAR
DAVANAGERE 577 003.
11. SANTHOSHA
S/O R.L. SOMAPPA
AGED ABOUT 27 YEARS
NEKARARU BY CASTE
OCC: BAR BENDING WORK
R/O. 1ST CROSS, BHAGATSINGH NAGAR
DAVANAGERE 577 003.
12. RAMESHA
S/O NAGAPPA
AGED ABOUT 35 YEARS
KORACHARU BY CASTE
OCC: MOBILE SHOP WORK
R/O. # 609, 11TH CROSS,
K.T.J. NAGAR
DAVANAGERE - 577 003.
... PETITIONERS
(BY SRI M. VISHWAJITH RAI, ADV.)
AND:
THE STATE OF KARNATAKA
BY K.T.J. NAGAR POLICE STATION
DAVANAGERE
REPRESENTED BY ITS S.P.P.,
HIGH COURT BUILDING
BANGALORE 560 001.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
QUASH THE COMPLAINT, FIR AND CHARGE SHEET IN CRIME
24
NO.106/2010 DATED 3.06.2010 REGISTERED BY K.T.J. NAGAR
POLICE STATION, DAVANAGERE, PENDING ON THE FILE OF THE
J.M.F.C.-II COURT, DAVANAGERE IN C.C.NO.1226/2010 FOR
THE OFFENCES PUNISHABLE UNDER Ss.79, 80 OF KARNATAKA
POLICE ACT.
IN CRL.P.NO.8038/2013
BETWEEN:
1. KENCHANAGOUDA @ VASU
S/O LINGARAJU
AGED ABOUT 35 YEARS
R/O. SHAMANUR VILLAGE
DAVANAGERE-577005.
2. SURESHA
S/O. BASAVARAJAPPA
AGED ABOUT 36 YEARS
R/O. # 1720/C5, 2ND CROSS
S.S. LAYOUT
DAVANAGERE-577004.
3. NAGARAJ
S/O GURUSHANTHAPPA
AGED ABOUT 35 YAERS
R/O. SHAMANUR VILLAGE
DAVANAGERE-577005.
4. HARISHA
S/O MAHESHWARAPPA
AGED ABOUT 36 YAERS
R/O. SHAMANUR VILLAGE
DAVANAGERE-577005.
5. RAMESHA
S/O MARIAPPA
AGED ABOUT 35 YEARS
R/O HKR CIRCLE, NITTUVALLI
DAVANAGERE-577003.
6. BASAVARAJA
25
S/O NAGARAJAPPA
AGED ABOUT 34 YEARS
R/O. SHAMANUR VILLAGE
DAVANAGERE-577005.
7. RAMU
S/O BASAVARAJA
AGED ABOUT 39 YEARS
R/O. HOSAKUNDUVADA VILLAGE
DAVANAGERE-577005.
8. RAGHU
S/O NARAPPA
AGED ABOUT 31 YEARS
R/O. SHAMANUR VILLAGE
DAVANAGERE-577005.
9. PALAIAH
S/O GADEERAPPA
AGED ABOUT 54 YEARS
# 1459/23, 5TH CROSS
SHIVAKUMAR SWAMY LAYOUT
DAVANAGERE-577004.
10. PALAKSHAPPA
S/O DYAMAPPA
AGED ABOUT 52 YEARS
R/O. 1ST BUS STOP
3RD CROSS, VIDYANAGAR
DAVANAGERE-577002.
11. RUDRAPPA
S/O GURUSHANTHAPPA
AGED ABOUT 52 YEARS
R/O. 2ND CROSS, 6TH MAIN
ANJANEYA LAYOUT
DAVANAGERE-577002.
... PETITIONERS
(BY SRI M.VISHWAJITH RAI, ADV.)
26
AND:
THE STATE OF KARNATAKA
BY VIDYANAGAR POLICE STATION
DAVANGERE
REPTD. BY ITS S.P.P.,
HIGH COURT BUILDING
BANGALORE-560001.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
QUASH THE COMPLAINT, FIR AND CHARGE SHEET IN CRIME
NO.148/2013 DATED 27.09.2013 REGISTERED BY VIDYANAGAR
POLICE STATION, DAVANAGERE, PENDING ON THE FILE OF THE
J.M.F.C.-I COURT, DAVANAGERE IN C.C.NO.1931/2013 FOR THE
OFFENCES PUNISHABLE UNDER Ss.79, 80 OF KARNATAKA
POLICE ACT.
IN CRL.P.NO.893/2014
BETWEEN:
SRI SAMPATH RAJ JAIN
S/O LATE PUKKARAJ JAIN
AGED ABOUT 37 YEARS
RESIDING AT NO.499, 33RD A CROSS
4TH EXTENSION, JAYANAGAR
BANGALORE-560 011.
... PETITIONER
(BY SRI J.T. GIREESHA, ADV.)
AND:
STATE BY BASAVANAGUDI POLICE STATION
REPRESENTED BY S.P.P.,
HIGH COURT BUILDING
BANGALORE-560 001.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
27
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.10395/2006
PENDING ON THE FILE OF THE II ADDL.C.M.M., BANGALORE,
(CRIME NO.338/2005 OF BASAVANAGUDI POLICE STATION,
BANGALORE), FOR THE OFFENCES PUNISHABLE UNDER Ss.79,
80 OF K.P. ACT AND S. 420 OF IPC.
IN CRL.P.NO.1353/2014
BETWEEN:
1. SHETTAPPA, (A10)
S/O BHYRAPPA, AGE: 42 YEARS,
KPTCL WORKER,
R/O KPTCL QUARTERS,
KOTHITOOPU, TUMKUR,
KARNATAKA.
2. KAMARAJU, S/O RAMAIAH (A12)
NAYAKA, KPTCL WORKER,
AGE: 40 YEARS,
KORATAGERE,
TUMKUR.
3. RAVI KUMAR
S/O PUTTASIDDAIAH (A16),
VOKKALIGA, AGE:47 YEARS.
MN KOTE, GUBBI TALUK,
TUMKUR.
4. RANGASWAMY
S/O SANNAPPA (A17)
DEVANGA, KPTCL WORKER,
NEAL NALANDA CONVENT,
SAPTHAGIRI, EX.TUMKUR,
KARNATAKA.
5. SRINIVAS, S/O KRISHNAPPA (A22)
BRHAMIN, KPTCL WORKER,
BATAVADI, TUMKUR.
... PETITIONERS
(BY SRI B.S.HADIMANI, ADV.)
28
AND:
TILAK PARK CIRCLE
NEW EXTENSION POLICE STATION,
BY S.P.P.,
TUMKUR.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
QUASH THE FIR DATED:25.12.2013 IN CRIME NO.289/2013
FILED BY TILAK PARK CIRCLE, NEW EXTENSION POLICE
STATION, TUMKUR, FOR THE OFFENCE PUNISHABLE UNDER
Ss.79, 80 OF KARNATAKA POLICE ACT 1963.
IN CRL.P.NO.5543/2014
BETWEEN:
1. P.SHANKAR REDDY
S/O RAMAKRISHNA REDDY,
AGED ABOUT 37 YEARS,
MANAGER,
SRI VENKATESHWARA RECREATION ASSOCIATION,
ADIGANAHALLI CROSS,
VENKATESHWARA BUILDING,
NEAR TOLEGATE NH-7,
BAGEPALLI-561 207
CHIKKABALLAPUR DISTRICT.
2. S.VENUGOPALREDDY @ VENGAL REDDY
S/O OBALA REDDY
AGED ABOUT 33 YEARS,
INDUKOOR VILLAGE,
KADARI TALUK-515591
ANANTAPUR DISTRICT,
ANDRAPRADESH.
3. NARAYANASWAMY
S/O SUBBAIAH
AGED ABOUT 42 YEARS,
29
AJUMAN CIRCLE,
DHARMAVARAM-515 672
ANANTAPUR DISTRICT,
ANDRAPRADESH.
4. NAGENDRA
S/O SESHAIAH
AGED ABOUT 54 YEARS,
SAINAGAR, DHARMAVARAM
ANANTAPUR DISTRICT - 515 672
ANDRAPARDESH.
5. G. RAM MOHAN REDDY
S/O. VENKATREDDY
AGED ABOUT 48 YEARS,
PEDDAKOTLA,
DHARMAVARAM - 515 672,
ANDRAPRADESH.
6. A.VENKATESHLU
S/O NARAYANASWAMY
AGED ABOUT 40 YEARS,
RAJENDRANAGAR,
DHARMAVARAM - 515 672
ANANTAPUR,
ANDRAPRADESH.
7. GANGULAPPA
S/O NARSIMLU
AGED ABOUT 44 YEARS,
THADIMMARI MANDAL
DHARMAVARAM - 515 672
ANANTAPUR
ANDRAPRDESH.
8. SHIVAREDDY
S/O ADHIMURTHY REDDY
AGED ABOUT 29 YEARS,
LALEPALLI,CHILAMATTUR
ANANTAPUR - 515 671
ANDRAPRADESH.
30
9. SURYANARAYANA
S/O CHOWDAPPA
AGED ABOUT 38 YEARS,
LALEPALLI, CHILAMATTUR
ANANTAPUR - 515 671
ANDRAPRADESH.
10. OBALESH
S/O OBALAVENKATESH
AGED ABOUT 35 YEARS,
MUDIGUBBA VILLAGE,
KADARI TALUK,
ANANTAPUR - 515 591
ANDRAPRADESH.
11. JANARDHANA
S/O JALLIAH
AGED ABOUT 28 YEARS,
YALAKUNTALA VILLAGE,
DHARMAVARAM, ANANTAPUR - 515 672
ANDRAPRADESH.
12. SRIRAMA REDDY
S/O VENKATREDDY
AGED ABOUT 34 YEARS,
THELAMARLU VILLAGE,
KOTTACHERAU
MUDIGUBBA VILALGE,
ANANTAPUR - 515 671
ANDRAPRADESH.
13. G.OBIREDDY
S/O PONNAIAH
AGED ABOUT 42 YEARS,
INDUKOOR VILLAGE,
MUDIGUBBA MANDAL
ANANTAPUR - 515 671
ANDRAPRADESH.
14. P.LAKSHMANAREDDY
S/O P.RAMAKRISHNAREDDY
AGED ABOUT 32 YEARS,
KALLLAGIRI VILLAGE,
31
GORENTLA
ANANTAPUR - 515 241
ANDRAPRADESH.
15. G. JAYACHANDRA REDDY
S/O ASHWATH REDDY,
AGED ABOUT 30 YEARS,
LALEPALLI, CHILAMATTUR MANDAL
ANANTAPUR - 515 671
ANDRAPRADESH.
16. K.NAGENDRA REDDY
S/O ADHIREDDY
AGED ABOUT 23 YEARS,
KALLAGIRI VILLAGFE,
GORENTLA,
ANANTAPUR - 515 241
ANDRAPREADESH.
... PETITIONERS
(BY SRI M. ERAPPA REDDY, ADV.)
AND:
1. SUB-INSPECTOR OF POLICE
BAGEPALLI POLICE STATION
BAGEPALLI,
CHIKKABALLAPUR DISTRICT - 561 207.
2. SATHYNARAYANA SWAMY
POLICE INSPCTOR
DCIBPI
CHIKKABALLAPUR,
CHIKKABALLAPUR DISTRICT - 561208.
... RESPONDENTS
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
a) QUASH THE FIR IN CRIME NO.188/2014 REGISTERED BY THE
1ST RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER
Ss.79 AND 80 OF KARNATAKA POLICE ACT AS PER ANNEXURE-F
ONLY AGIANST THE PETITIONERS; TO DIRECT THE 1ST
32
RESPONDENT TO PRODUCE ALL THE RECORDS INCLUDING THE
CD SEIZED BY THE 2ND RESPONDENT AND OTHERS FROM SRI
VENKATESHWARA RECREATION ASSOCIATION ON 7.8.2014.
IN CRL.P.NO.6023/2014
BETWEEN:
1. MR. SHIVASHANKAR
S/O CHENNABASAPPA,
AGED ABOUT 52 YEARS,
AT & POST KANLE,
SAGAR TALUK-577 401
SHIMOGA DISTRICT.
2. MR. ANANTHA PADMANABHA
S/O K.G. NAGESH RAO,
AGED ABOUT 50 YEARS,
AT & POST THALGUPPA,
SAGAR TALUK-577 430
SHIMOGA DISTRICT.
3. MR. MANJAPPA
S/O GANAPATHI NAIK,
AGED ABOUT 35 YEARS,
AT & POST NAJOOR,
SIDDAPUR TALUK-581355
KARWAR DISTRICT.
4. MR. UMESH MADIWALA
S/O MASTHYA,
AGED ABOUT 48 YEARS,
AT & POST MANDAGALALE,
SIDDAPUR TALUK-581355
KARWAR DISTRICT.
5. MR. SRIDHAR
S/O ANATH SHET,
AGED ABOUT 35 YEARS,
AT & POST THALGUPPA,
SAGAR TALUK-577 430
33
SHIMOGA DISTRICT.
6. MR. NOOR AHMAD
S/O MATHER SAB,
AGED ABOUT 30 YEARS,
AT & POST NEJOOR,
SIDDAPUR TALUK-581 355
KARWAR DISTRICT.
7. MR. NIRU D LAMANI
S/O DHARMU,
AGED ABOUT 48 YEARS,
AT & POST THALGUPPA,
SAGAR TALUK-577 430
SHIMOGA DISTRICT
8. MR. GOUSE KHAN
S/O NABHI KHAN,
AGED ABOUT 48 YEARS,
JANNATH NAGAR, 4TH CROSS SAGAR,
SAGAR TALUK-577 430
SHIMOGA DISTRICT
9. MR. KERIYAPPA
S/O JETTAPPA,
AGED ABOUT 39 YEARS,
R/O KELAVE VILLAGE,
POST:KANLE,
SAGAR TALUK-577 401
SHIMOGA DISTRICT.
10. MR. SAMEER SAB
NABEE SAB,
AGED ABOUT 52 YEARS,
AT & POST NAJOOR,
SIDDAPUR TALUK-581355
KARWAR DISTRICT.
11. MR. SRIDHAR
S/O NARAYAN,
AGED ABOUT 35 YEARS,
AT & POST THALGUPPA,
SAGAR TALUK-577 430
34
SHIMOGA DISTRICT.
12. MR. SURESH
S/O KERIYAPPA SHET,
AGED ABOUT 45 YEARS,
AT & POST THALGUPPA,
SAGAR TALUK-577 430
SHIMOGA DISTRICT.
13. MR. GURURAJ
S/O GANESH NAIK,
AGED ABOUT 38 YEARS,
AT & POST THALGUPPA,
SAGAR TALUK-577 430
SHIMOGA DISTRICT.
14. MR. NAGARAJ
S/O RAMAPPA,
AGED ABOUT 51 YEARS,
AT & POST GUDDEMANE,
POST THALGUPPA,
SAGAR TALUK-577 430
SHIMOGA DISTRICT.
... PETITIONERS
(BY SRI P.N.HEGDE, ADV.)
AND:
STATE BY SAGAR RURAL POLICE
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
... RESPONDENTS
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED U/S.482 CR.P.C., PRAYING TO SET
ASIDE THE FIR IN CRIME NO.351/2014 REGISTERED FOR THE
OFFENCE PUNISHABLE UNDER Ss.79 & 80 OF THE KARNATAKA
POLICE ACT, ON THE FILE OF THE RESPONDENT POLICE.
35
IN CRL.P.NO.6326/2014
BETWEEN:
1. NAGARAJA NAYAKA
S/O LATE THAMMAIAH,
AGE:50 YEARS,
OCC:AGRICULTURIST
R/O AYATHANAHALLI VILLAGE,
BETTADAPURA HOBLI,
PERIYAPATNA TALUK,
MYSORE DISTRICT - 571 102.
2. SURESHA
S/O VITABHA RAO
AGE:51 YEARS,
OCC:FACTORY WORKER
R/O. HOUSING BOARD
PERIYAPATNA TOWN,
PERIPATNA TALUK,
MYSORE DISTRICT - 571 107.
3. SRIDHARA
S/O LATE D.J. MALLAPPA,
AGE:42 YEARS,
OCC:BUSINESSMAN,
R/O. CHATHRADA STREET,
PERIYAPATNA TOWN,
PERIPATNA TALUK,
MYSORE DISTRICT - 571 107.
4. SATEESHA
S/O KRIYAPPA, AGE:36 YEARS,
OCC:BUSINESSMAN, R/O. OLAKOTE,
PERIYAPATNA TOWN,
PERIYAPATNA TALUK,
MYSORE DISTRICT - 571 107.
5. VASU, S/O GANESHA,
AGE:34 YEARS,
OCC: BUSINESSMAN,
R/O SHIVAPPA BADAVANE
36
PERIYAPATNA TOWN,
PERIYAPATNA TALUK,
MYSORE DISTRICT - 571 107.
6. KHASIM,
S/O MAHAMAD,
AGE:52 YEARS,
OCC:BUSINESSMAN
R/O THITHIMATHI MAJIGEHALLA
VIRAJPET TALUK,
MYSORE DISTRICT - 571 254.
7. SOMASHEKARA
S/O VENKATESHAGOWDA,
AGE:33 YEARS,
OCC:CLUB WORKER,
R/O NEAR A.D.B. BANK
PERIYAPATNA TOWN
PERIYAPATNA TALUK,
MYSORE DISTRICT - 571 107.
8. VIJAYKUMAR
S/O SHIVAMALLAPPA,
AGE:48 YEARS,
OCC:BUSINESSMAN,
R/O SHIVAPPA BADAVANE
PERIYAPATNA TOWN
PERIYAPATNA TALUK,
MYSORE DISTRICT - 571 107.
9. SOMASHEKARA
S/O LAKSHMINARAYANA,
AGE:40 YEARS,
OCC:BUSINESSMAN,
R/O MEENAKSHIPURAM,
K R NAGAR TOWN,
K R NAGAR TALUK,
MYSORE DISTRICT - 571 602.
10. RAVISHA
S/O RAMEGOWDA,
AGE:40 YEARS,
OCC:BUSINESSMAN,
37
R/O. ESHWARANAGARA,
K.R. NAGAR TOWN,
K.R. NAGAR TALUK,
MYSORE DISTRICT - 571 602.
11. JAGADEESH
S/O NARASHEGOWDA,
AGE:48 YEARS,
OCC: PIGMY COLLECTOR,
R/O. 7TH ROAD, 11TH WARD,
K.R. NAGAR TOWN,
K.R. NAGAR TALUK,
MYSORE DISTRICT - 571 602.
12. KALASHEGOWDA
S/O LATE KULLAPPA,
AGE:42 YEARS,
OCC:CLUB WORKER,
R/O. UPPARAGIRI,
PERIYAPATNA TOWN,
PERIYAPATNA TALUK,
MYSORE DISTRICT - 571 107.
13. JAGADEESH
S/O KEMPEGOWDA,
AGE:48 YEARS,
OCC:BUSINESSMAN
R/O. ABBURU VILLAGE,
PERIYAPATNA TALUK,
MYSORE DISTRICT - 571 107.
14. HARISHA, S/O KALEGOWDA,
AGE:40 YEARS,
OCC:BUSINESSMAN,
R/O. KAGGUNDI VILLAGE,
RAVANDOOR HOBLI
PERIYAPATNA TALUK,
MYSORE DISTRICT - 571 108.
... PETITIONERS
(BY SRI H.S. CHANDRAMOULI, ADV.)
38
AND:
THE STATE OF KARNATAKA
BY THE POLICE OF
PERIYAPATNA POLICE STATION,
MYSORE DISTRICT.
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
QUASH THE COMPLAINT AND FIR DATED 10.08.2014
REGISTERED ON THE FILE OF PERIYAPATNA POLICE STATION,
MYSORE DISTRICT IN CRIME NO.212/2014 AS AGAINST THE
PETITIONERS FOR THE OFFENCE PUNISHABLE UNDER Ss.79
AND 80 OF KARNATAKA POLICE ACT, 1963, NOW PENDING ON
THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) AND JMFC,
PERIYAPATNA, MYSORE DISTRICT.
IN CRL.P.NO.6713/2014
BETWEEN:
1. G.T. RAGHAVENDRA
S/O THIPPESWAMI (26 YEARS)
R/O D.NO.9, BACK SIDE OF
RANGANATHA TEMPLE,
GOPANA, H.CHALLAKERE
CHITRADURGA - 577 501
KARNATAKA.
2. K.R.JANARDHAN BABU
S/O LATE K.M.RAMALINGA REDDI,
(48 YEARS), R/O 1ST FLOOR,
SHREE SHAILA COMPOUND
39
KENGOOR MATA, KULASHEKAR,
MANGALORE CITY - 575 001
KARNATAKA.
3. ABDUL RAHIMAN
S/O IBRAHIM (41 YEARS),
RESIDING AT NEAR KUMBLE ARIKKADI
MOSQUE, KUMBLE
KASARAGODE,
KERALA - 620 218.
4. FAROOK
S/O HASAN (48 YEARS),
R/O GREEN HILL APARTMENT
MARNAMI KATTE
MANGALORE - 575 001
KARNATAKA.
5. NAVEEN
S/O LATE VISHWANATHA (40 YEARS),
RESIDING NEAR VENKATARAMANA TEMPLE,
NARIKOMBU, SHAMBOOR, BANTWALA,
DAKSHINA KANNADA - 574 218.
KARNATAKA
6. ABDUL SALAM
S/O LATE MOIDEEN (57 YEARS)
R/AT K.C.ROAD, BISMILA MANZIL,
SANTHOSHNAGARA, TALAPADY,
MANGALORE CITY - 575 001
KARNATAKA.
7. R.SURESH B
S/O LATE BASVANNAPPA (55 YEARS)
R/O THADAMBAIL IN FRONT OF NITK
SURATHKAL,
MANGALORE CITY - 575 001
KARNATAKA.
8. R.ACHUTA BHAT
D/O LATE RAMACHANDRA BHAT (40 YEARS),
ARADHANA, KAKKEBETTU,
KULASHEKAR, MANGALORE CITY - 575 001
40
KARNATAKA.
9. GOPALA JOSHI
S/O LATE VENKATESH M. JOSHI (56 YEARS)
FLAT NO.B-1, BIRD CAMPUS,
KRISHNA NAGARA ROAD, BONDEL,
MANGALORE CITY - 575 001
KARNATAKA
10. KIRAN KUMAR
LATE SANJEEVA KUMAR (45 YEARS)
KAKKEBETTU, KARMIKA COLONY,
KULASHEKAR,
MANGALORE CITY - 575 001
KARNATAKA.
11. YASHAVANTHA
S/O LATE SHESHAPPA (42 YEARS)
DAYA KRAPA, PANJIMOGARU,
KULOOR, MANGALORE CITY - 575 001
KARNATAKA.
12. UMESH KUMAR
S/O KRISHNA PRASAD (39 YEARS)
KVR MOTORS, ALANGAR, KASARAGOD,
KERALA - 620 218.
13. A.ABDUL KUTTI
S/O MOHAMMED KUTTI (60 YEARS),
KOLABAIL IQBAL HIGH SCHOOL,
KASARAGOD
KERALA - 620 218.
14. ABDUL LATHEEF
S/O ABDUL RAHMAN (33 YEARS)
BADOOR VILLAGE & POST
KASARAGOD,
KERALA - 620 218.
15. VINCENT D SOUZA
S/O LATE JAN REMOND D'SOUZA (47 YEARS),
BIJJOR HOUSE, KULOOR,
MANGALORE CITY - 575 001
41
KARNATAKA.
16. RAGHARAMA SHETTY
S/O LATE SHESHAPPA SHETTY (51 YEARS),
BACK SIDE OF EMPAR MAL M.G.ROAD,
MANGALORE CITY - 575 001
KARNATAKA.
17. ANIL
S/O KRISHNA (25 YEARS),
KOTESHWARA POST,
KUNDAPURA, UDUPI - 576 101,
KARNATAKA.
18. GANESH KUMAR
S/O VITTALA POOJARY (28 YEARS)
SURATHKAL, MANGALORE CITY - 575 001,
KARNATAKA.
... PETITIONERS
(BY SRI ARUNA SHYAM M., ADV.)
AND:
THE STATE OF KARNATAKA
BY MANGALORE EAST POLICE STATION,
REP. BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING
TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1867/2014
INCLUDING COMPLAINT, CHARGE SHEET AND FIR IN CRIME
NO.51/2014 REGISTERED BY RESPONDENT POLICE, PENDING
ON THE FILE OF IV CIVIL JUDGE (JR.DN.) AND JMFC,
MANGALORE.
42
IN CRL.P.NO.3565/2010
BETWEEN:
1. P. PRAKASH SHETTY
SON OF K.KRISHNA SHETTY
AGED ABOUT 48 YEARS
BUSINESS-HON. PRESIDENT
#6, 11TH MAIN, 4TH BLOCK,
JAYANAGAR
BANGALORE-560 011.
2. SONIKA P. SHETTY
WIFE OF P. PRAKASH SHETTY
AGED ABOUT 42 YEARS
BUSINESS-HON. VICE PRESIDENT
#264, 11TH 'B' CROSS
2ND PHASE, J.P. NAGAR
BANGALORE-560 078.
3. USHA VINOD
WIFE OF M.V. VINOD
AGED ABOUT 29 YEARS
BUSINESS-HON. VICE PRESIDENT
#121, 42ND CROSS, 8TH BLOCK,
JAYANAGAR
BANGALORE-560 082.
4. M.V. VINOD GOPINATH
S/O GOPINATH M.V.,
AGED ABOUT 31 YEARS
BUSINESS-HON. SECRETARY
#6, 121, 42ND CROSS, 8TH BLOCK,
JAYANAGAR
BANGALORE-560 082.
5. P.D. SHYLENDRA
SON OF LATE P.S.DEVDAS
AGED ABOUT 50 YEARS
BUSINESS-HON. JOINT SECRETARY
M/s. NETRA, SHOP NO.3
JAYANAGAR SHOPPING COMPLEX
43
BANGALORE-560 011.
6. NETRA SHYLENDRA
WIFE OF P.D. SHYLENDRA
AGED ABOUT 43 YEARS
BUSINESS-HON. TREASURER
#3112, 19TH CROSS,
2ND MAIN ROAD, K.R. ROAD,
BANGALORE-560 070.
7. ASHOK MENDON
SON OF S. MENDON
AGED ABOUT 32 YEARS
COMMITTEE MEMBERS
#36, 6TH CROSS, 2ND MAIN
INDIRANAGAR
BANGALORE-560 038.
8. YATHISH
SON OF SRINIVAS
AGED ABOUT 34 YEARS
COMMITTEE MEMBERS
#198, 12TH MAIN, 4TH BLOCK,
KORAMANGALA
BANGALORE-560 034.
9. SURESH KUMAR P.N.,
S/O LATE P NANJUNDAIAH SETTY
AGED ABOUT 39 YEARS
COMMITTEE MEMBERS
#98/4, 4TH BLOCK, 6TH CROSS
THYAGARAJANAGAR
BANGALORE-560 028.
... PETITIONERS
(BY SRI S. SHANKARAPPA, ADV.)
AND:
STATE BY JAYANAGAR POLICE
REPRESENTED BY S.P.P.,
HIGH COURT BUILDING
44
BANGALORE.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
SET ASIDE THE ORDER DATED 17.11.2007 IN
C.C.NO.2918/2009 (CRIME NO.262/2006) TOOK THE
COGNIZANCE AGAINST PETITIONERS FOR THE OFFENCE
PUNISHABLE UNDER Ss.79 & 80 OF K.P. ACT, PENDING BEFORE
THE MMTC-III, BANGALORE.
IN CRL.P.NO.2637/2014
BETWEEN:
1. MANJUNATHA
S/O CHOWDAIAH,
AGED ABOUT 52 YEARS,
HIRISAVE VILLAGE AND HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573 201.
2. PRAKASH BABU @ BABU,
S/O. DEVARAJU,
AGED ABOUT 46 YEARS,
HIRISAVE VILLAGE AND HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573201.
3. RAGHU, S/O. MANJAPPA,
AGED ABOUT 49 YEARS,
HIRISAVE VILLAGE AND HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573 201.
4. MOHANA
S/O. CHOWDAIAH,
AGED ABOUT 46 YEARS,
HIRISAVE VILLAGE AND HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573 201.
45
5. UMESHA D.S.
S/O. SIDDEGOWDA,
AGED ABOUT 36 YEARS,
DODDERI VILLAGE,
NUGGEHALLI HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573 201.
6. SHIVAPPA,
S/O. SHANKARAPPA,
AGED ABOUT 54 YEARS,
HIRISAVE VILLAGE AND HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573 201.
... PETITIONERS
(BY SRI GIRISH B. BALADARE, ADV.)
AND:
THE SUB INSPECTOR
HIRISAVE POLICE,
CHANNARAYAPATNA TALUK,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE-560 001.
... RESPONDENT
(BY SRI B.T. VENKATESH, SPP-II)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
QUASH THE FIR FILED AGAINST PETITIONERS IN CRIME
NO.14/2014 BY THE HIRISAVE POLICE, HASSAN DISTRICT, FOR
THE OFFENCE PUNISHABLE UNDER Ss.79 AND 80 OF THE K.P.
ACT PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR. DN.) AND
J.M.F.C., CHANNARAYAPATNA, HASSAN DISTRICT.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
46
ORDER
These petitions were filed seeking quashing of the cases registered in various Police Station/s and also the charge sheet/s submitted in some of the cases by various Police Station/s in the State of Karnataka, alleging commission of offence by the petitioners, punishable under Ss.79 and 80 of Karnataka Police Act, 1963 (for short 'the Act'). Since the legal issue which arises for consideration is common, with the consent of learned advocates appearing on both sides, these petitions are taken up together for hearing. Since question of law urged for consideration is common, these petitions are being disposed of by this common order.
2. The respondent/Police having registered case/s against the petitioners, criminal cases for the offences punishable under Ss.79 and 80 of the Act and in some cases, charge sheet/s having been submitted, cognizance was taken and summons having been issued, the individual petitioners having appeared and got enlarged on 47 bail, filed these petitions assailing the registration of criminal case/s, investigation done and the charge sheet/s filed as well as the taking of cognizance by the Magistrate/s, as ab-initio void.
3. Learned advocates appearing for the petitioners contended that these petitions being identical in all the material aspects to Criminal Petition No.100319/2014 and connected cases, which were decided on 25.07.2014, are liable to be allowed accordingly and the impugned proceedings herein quashed. Learned advocates submitted that this Court having considered various legal aspects and having allowed the identical criminal petitions and quashed the impugned proceedings therein, these petitions being fully covered by the said common order, the petitioners are entitled to the relief.
4. Sri B.T. Venkatesh, learned SPP, on the other hand, contended that certain aspects having not been urged for consideration and decided in the common order dated 25.07.2014 passed in Crl.P.No.100319/2014 and 48 connected cases, it is not open to the petitioners to contend that these cases are covered by the aforesaid order. Learned HCGP sought dismissal of the petitions.
5. 42 Criminal Petitions were clubbed together along with Crl.P.No.100319/2014 and were taken up together for consideration and decision, on the ground that they can be conveniently disposed of, since identical questions of law were raised.
6. Various Police Stations in the State, on receipt of credible information on different date/s, that some people were indulged in playing 'Matka' at several places situated within the jurisdiction of their respective Police Station/s, conducted raids and arrested the accused persons and seized some articles allegedly used for the purpose of playing the game of 'Matka' and registered case/s, specifically under S.78(3) of the Act. Upon investigation, police having submitted the charge sheet/s, alleging commission of offence under S.78(3) of the Act, aforesaid criminal petitions were filed before the Dharwad 49 Bench, under S.482 of Cr.P.C., to quash the entire proceedings therein.
7. With reference to the rival contentions, the points raised for adjudication read as follows:
"POINT NO.1:
Whether Sec.78(3) of the K.P. Act, is a cognizable offence or non cognizable offence, in view of the power of arrest without a warrant provided under section 88 of the said Act.?
POINT NO.2.
Whether in this case, investigation of the cases under section 78(3) of the K.P. Act and all further proceedings before the court are vitiated by incurable illegalities or defects for want of permission to investigate the case by the competent Magistrate u/s.155 (2) of the Cr.P.C.?
POINT NO.3 Whether the reports (Charge Sheets) of the Police Officers with regard to non cognizable offences in the above cases, can be treated as complaints under section 2(d) of the Cr.PC. If so, under what circumstances?"
7(a). The offence under the Act being a minor offence punishable with imprisonment for 3 months or with fine, Point No.1 was answered as follows: 50
"43. As could be seen from the Police Act, the offences are minor offences. Particularly Sec.78(3) of the KP Act is a minor offence which is punishable with imprisonment for three months or with fine. The said Sec.78(3) of the KP Act disclose that the offences being committed or expected to be committed on a public street, thorough fare or in a place to which the public have, or permitted to have access. Perhaps that may be the reason, immediately after receipt of the credible information by the time if the Police Officers have to rush to the Jurisdictional Magistrate or competent person to obtain warrant and then proceed to the place of incident for arresting or seizing the article, by the time they reach the place, the accused or the persons who have committed are reasonably expected of having been committed the offence may escape from the said place. Therefore, under such circumstances, a swift and quick action by the Police is required to prevent the offence being committed, or to take immediate action about the offence being committed by the accused persons, they have to rush to the spot and take immediate action. Therefore, that may be reason, under the Police Act especially the police are empowered to arrest a person without warrant, that does not mean to say, the power of arrest given to the police under peculiar circumstances as noted above can convert a non-cognizable offence into a cognizable offence so as to obviate the other procedural mandates of the law. Therefore, agreeing with the above said rulings of the Hon'ble High Court of Delhi, Calcutta and Andhra Pradesh, I hold that the power of arrest u/s.88 of the K.P. Act is only a power of arrest given to the police under peculiar circumstances and u/s.78(3) of the Act under special circumstances, and the said power of arrest is not a general power of arrest so as to draw an inference that the Police Officer is 51 authorized to arrest a person in any other law for the time being in force as contemplated u/s.2(c) of the code in order to bring Sec.78(3) of the KP Act under the category of cognizable offences. Therefore, the offence u/s.78(3) of the KP Act shall be categorized as a non-cognizable offence as per the II Schedule of Cr.PC."
(emphasis supplied) 7(b). With regard to Point No.2, extracted supra, after detailed discussion at paras 44 to 51, it was held that the entire investigation and the cognizance taken and all further proceedings in the case/s, as being vitiated by incurable defects and illegality.
7(c). With regard to Point No.3, relating to the reports submitted by the police after investigation, whether the same can be treated as a complaint, under S.2(d) of Cr.P.C., defining the word 'complaint' and relying on a decision in the case of NARAIN SINGH Vs. STATE OF DELHI, rendered by the Delhi High Court, after detailed discussion at para Nos.53 to 56, it was held that in the absence of explanation with regard to Police Officer having proceeded to investigate the matter under an impression that there may be commission of cognizable or non- 52 cognizable offence, explanation to S.2(d) of Cr.P.C., being not applicable, it was held that the cognizance taken by the learned Magistrate/s is hit by S.155(2) of Cr.P.C. and therefore, the same cannot be treated as a complaint under S.2(d) of the Cr.P.C.
7(d). Noticing that the illegality is explicit on the face of the record/s and there being no legal impediment to exercise the powers under S.482 of Cr.P.C., in order to prevent the abuse of process of Court and to secure the ends of justice, the petitions were allowed and the impugned proceedings relating to the respective criminal petitions were quashed.
8. Learned HCGP, though contended that all aspects of the matter have not been considered in the common order dated 25.07.2014 passed in Crl.P.No.100319/2014 and connected cases, was unable to point any material aspect which needs consideration and decision afresh. In my view, these petitions raise the same questions as was considered and decided by this 53 Court, in the aforesaid common order. Hence, following the said order, these petitions being identical are liable to be allowed.
In the result, these petitions are allowed and the proceedings of the following cases, which have been assailed in these petitions are hereby quashed;
1. Crime No.449/2014 on the file of Prl. Civil Judge (Jr.Dn.) & JMFC Court, Chitradurga District.
2. Crime No.106/2013 on the file of MMTC-IV, Bengaluru.
3. Crime No.217/2013 on the file of I Addl. CMM Court, Mayohall, Bengaluru.
4. C.C.No.1379/2013 on the file of MMTC-I, Mayohall, Bengaluru.
5. Crime No.60/2014 on the file of 4th Civil Judge (Jr.Dn.) & JMFC Court, Mangaluru.
6. Crime No.23/2014 on the file of Prl. Civil Judge (Sr.Dn.) & CJM Court, Sira, Tumakuru. 54
7. C.C.No.1777/2011 on the file of Addl. Civil Judge (Jr.Dn.) & JMFC., Kundapura.
8. C.C.No.3368/2011 on the file of Addl. Chief Judicial Magistrate, Bengaluru.
9. Crime No.68/2013 on the file of I ACJ and JMFC at Mysuru.
10. C.C.No.1226/2010 on the file of JMFC-II Court, Davanagere.
11. C.C.No.1931/2013 on the file of JMFC-I Court, Davanagere.
12. C.C.No.10395/2006 on the file of II Addl. CMM, Bengaluru.
13. Crime No.289/2013 on the file of Prl. Civil Judge (Jr. Dn.) & JMFC Court, Tumkur.
14. Crime No.188/2014 on the file of Prl. Civil Judge (Jr.Dn.) & JMFC, Bagepalli, Chikkaballapura District.
15. Crime No.351/2014 on the file of Addl. Civil Judge & JMFC, Sagar.
55
16. Crime No.212/2014 on the file of Addl. Civil Judge (Jr.Dn.) & JMFC., Periyapatna, Mysuru District.
17. C.C.No.1867/2014 on the file of 4th Civil Judge (Jr.Dn.) & JMFC Court, Mangaluru.
18. C.C.No.2918/2009 on the file of III MMTC, Bengaluru.
19. Crime No.14/2014 on the file of Prl. Civil Judge (Jr.Dn.) & JMFC at Channarayapatna, Hassan District.
Sd/-
JUDGE sac*