IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.3248 OF 2018 BETWEEN :
1. SHARVANNA S/O SRINIVAS, AGED ABOUT 29 YEARS NO.22, 2ND CROSS, 2ND STAGE, NAGARBHAVI, BENGALURU – 560 072.
2. JAYARAJ S/O MUNIYAPPA P AGED ABOUT 52 YEARS NO.29, SSC ROAD, 6TH CROSS, ASHRAM ROAD, HEBBALA BENGALURU – 560 024.
3. RAMANNA S/O PUTTAMADEGOWDA, AGED ABOUT 50 YEARS MURULLANAMADODDI, BESAGARAHALLI POST, MADDUR TALUK, MANDYA DISTRICT – 571 428.
4. THEJASHVI S/O MUDALAGIRI GOWDA, AGED ABOUT 39 YEARS OWNER OF SHREE BALAJI MEMBERS CLUB, NO.159, 2ND MAIN SHESHADRIPURAM, BENGALURU – 560 020.
5. RAVI S/O CHIKKAIAH, KUMBAPURA VILLAGE, IJOOR POST, RAMANAGARA TALUK & DIST. – 571 511.
6. BABU S/O RAMANNA, MURULLANAMADODDI, BESAGARAHALI POST, MADDUR TALU, MANDYA DIST. – 571 428 (BY SHRI H. SHANTHI BHUSHAN, ADVOCATE) AND :
1. THE STATE OF KARNATAKA SHESHADRIPURAM POLICE STATION, BENGALURU.
REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2. SUNIL KUMAR STATION HOUSE OFFICER, SHESHADRIPURAM POLICE STATION, BENGALURU-560 020.
... PETITIONERS (BY SMT. K.P.YASHODHA, HCGP. FOR R1) . . . .
... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.17442/2017 REGISTERED BY THE SESHADRIPURAM POLICE STATION, BENGALURU CITY IN CRIME NO.35/2017 DATED 06.04.2017 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 78 AND 79 OF THE KARNATAKA POLICE ACT PENDING ON THE FILE OF VII METROPOLITAN MAGISTRATE (TRAFFIC COURT-1) MAYOHALL, AT BENGALURU CITY.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri.H. Shanthi Bhushan, learned Advocate for petitioners and Smt. K.P.Yashodha, learned HCGP. for respondent No.1 - State.
2. Petitioners have challenged proceedings initiated against them for violation of Sections 78 and 79 of Karnataka Police Act alleging that they were involved in gambling.
3. Shri. H. Shanthi Bhushan, submits that the said offences are non-cognizable and the learned Magistrate has granted permission without applying his mind.
4. Learned HCGP has made available a copy of requisition submitted by the Sub-Inspector of Sheshadripuram Police Station, Bengaluru. A perusal of the said requisition shows that the learned Magistrate has endorsed as ‘permitted’. No reasons are recorded for granting permission.
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.17442/2017 (Crime No.35/2017) pending on the file of VII Metropolitan Magistrate (Traffic Court – 1), Mayohall, Bengaluru are quashed so far as petitioners are concerned.
7. In view of disposal of this petition, I.A. No.1/19 does not survive of consideration and the same is also disposed of.
No costs.
Sd/ JUDGE nvj