IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.3802 OF 2017 BETWEEN:
1. S.Sanjay, S/o Smaresh Rao, Aged about 33 years, R/o No.60, 4th Cross, 4th Main, Gokula Extn, Yeswanthapura, Bengaluru-560 054.
2. J.Naveen, S/o Ningegowda, Aged about 34 years, R/o No.717/90-A, Wonder Video Games, 6th Main, 5th Cross, Vijayanagara, Bengaluru-560 040.
3. Santhosh, S/o Rame Gowda, Aged about 29 years, R/o No.10, 1st Main, 6th Cross, Govindaraj Nagara, Bengaluru-560 040.
4. Jayaram, S/o. Koonnappa, Aged about 21 years, R/o No.21, Kanchana Palya, K.Gollahalli Post, Kengeri Hobli, Bengaluru-560 074.
5. Desikachar, S/o Rathangapani, Aged about 32 years, R/o No.55, 4th Main, Govindaraj Nagara, Vijayanagara, Bengaluru-560 040.
6. Srikanth, S/o Chandrakanth, Aged about 26 years, R/o No.20, 20th Cross, K.P.Agrahara, Magadi Rasthey, Bengaluru-560 023.
7. Sanmathi Kumar, S/o Vijay Kumar, Aged about 34 years, R/o No.812, 5th Main, Vijayanagara, Bengaluru-560 040.
8. Raju, S/o Lakshmanna, Aged about 40 years, R/o No.14, 3rd Main, 3rd Cross, Cholurpalya, Bengaluru-560 023.
9. E. Manjunath, S/o. S.S.Veeracharya, Aged about 40 years, R/o No.23, 2nd Main, Venkatachari Nagara, Dollor’s Colony, Bengaluru-560 094. ... Petitioners (By Sri.K.Venkataramana, Adv.,-Absent) AND:
1. State by Karnataka, Rep. by Vijayanagara P.S, High Court of Karnataka, Bengaluru-560 001.
2. S.Raghavendra, Police Inspector, Vijayanagara Police Station, Bengaluru-560 040. ... Respondents This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to quash the proceedings in C.C.No.440/2014 on the file of II MMTC, Bengaluru for the offence punishable under Section 78 (A) (iii) & 80 the Karnataka Police Act.
This Criminal Petition coming on for Admission, this day, the court made the following:
O R D E R Petitioners are seeking for quashing of proceedings in C.C.No.440/2014 pending on the file of II MMTC, Bengaluru, registered for the offences punishable under Section 78(A)(iii) & 80 of the Karnataka Police Act, 1963 (hereinafter referred to as ‘the Act’ for short).
2. The facts in short, which has lead to filing of these proceedings are as under:
The case of the prosecution is that on 18.01.2014 at about 2-30 p.m. when the complainant was in Police Station, credible information was received through an informant that accused persons were playing ‘Lucky Draw’ conducted at Wonder Video Games, Vijayanagara, Bengaluru, by putting money as stake and were indulging in gambling. On receiving said information, complainant with the panchas raided the location at about 3 p.m. on 18.01.2014 and found that on machine No.18, one person was standing and placing bet of Rs.50/- to win Rs.100/- and around 6 people had gathered and had placed their bet in the said lucky draw. Hence, alleging that petitioners had committed the offences as aforesaid, charge sheet came to be filed after conducting investigation. The jurisdictional Court has taken cognizance of the offences alleged against the petitioners and issued processes. Hence, for quashing of said proceedings, petitioners are before this Court.
3. It is urged by the petitioners that Trial Court erred on procedural aspects namely taking cognizance for the offences punishable under Sections 78(A)(iii) & 80 of the Act, which are non-cognizable offences, without obtaining the permission of the Magistrate as required under sub-Section (2) of Section 155 of Cr.P.C.
4. Though, learned HCGP appearing for the respondent-State would defend the case registered against the petitioners, he is not in a position to demonstrate that offences alleged against the petitioners being non-cognizable offences, permission of the jurisdictional Magistrate has been obtained. Hence, it would find tool of Section 155(2) of Cr.P.C. In that view of the matter, continuation of proceedings against petitioners would be an abuse of process of law. Hence, the following:
ORDER (i) Criminal Petition is allowed.
(ii) Proceedings pending against the petitioners in C.C.No.440/2014 registered for the offences punishable Section 78(A)(iii) & 80 of the Act on the file of II MMTC, Bengaluru, is hereby quashed.
In view of allowing the petition, IA.No.1/2017 for stay does not survive for consideration and same stands disposed of.
Sd/- JUDGE cp*