IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION Nos.2241-2271/2018 (GM-RES) BETWEEN:
1. SRI PRAVEEN S/O. CHANDRE GOWDRU, AGED ABOUT 29 YEARS, R/AT NO.46, KENCHAHALLI, BINDIGANAHALLI HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 801.
2. SRI SATHISH S/O. LATE MARI SIDDHAIAH, AGED ABOUT 43 YEARS, R/AT NO.31, 6TH CROSS, CHENNIGAPPA LAYOUT, KAMAKSHI PALYA, BENGALURU – 560 079.
3. SRI LOKESH S/O. SIDDHAPPA, AGED ABOUT 30 YEARS, R/AT NO.1314, VIDHYARANYAPURA 1ST BLOCK, BENGALURU – 560 097.
4. SRI RAHUL S/O. RAJU, AGED ABOUT 30 YEARS, R/AT NO.33/5, 7TH CROSS, 1ST MAIN, L.N. COLONY, YESHWANTHAPURA, BENGALURU – 560 022.
5. SRI ARJUN S/O. MANGALCHAND, AGED ABOUT 31 YEARS, R/AT NO.612, 5TH CROSS, MALLESHWARAM, BENGALURU – 560 003.
6. SRI NAGESH S/O. LATE MAHALINGAPPA, AGED ABOUT 31 YEARS, R/AT NO.4, 1ST MAIN, KAVERIPURA, KAMAKSHIPALYA, BENGALURU – 560 079.
7. SRI MAHESH S/O. LATE RANGAIAH, AGED ABOUT 41 YEARS, R/AT NO.8, 4TH MAIN, B.T.I., TUMKUR – 570 003.
8. SRI RAJ KUMAR S/O. NARAYANA SWAMY, AGED ABOUT 41 YEARS, R/AT NO.58, 1ST MAIN ROAD, KAMALANAGAR, BENGALURU – 560 079.
9. SRI N. KUMAR S/O. NANJUNDAPPA, AGED ABOUT 41 YEARS, R/AT NO.17, 2ND CROSS, A.D. HALLI, MAGADI ROAD, BENGALURU – 560 023.
10. SRI PRAMOD S/O. MANJEGOWDA, AGED ABOUT 41 YEARS, R/AT NARAGONAHALLI GRAMA, BINGINAHALLI HOBLI, NAGAMANGALA TLAUK, MANDYA DISTRICT – 571 802.
11. SRI LOKESH .K S/O. KODANDAPANI, AGED ABOUT 45 YEARS, R/AT NO.36, 1ST CROSS, VIDHYAGANAPATHI STREET, SARASWATHIPURAM, BENGALURU – 560 008.
12. SRI ASHOK S/O. PARASHURAM, AGED ABOUT 63 YEARS, R/AT NO.3, P.F. ROAD, K.F.M., OPP. SHESHADRIPURAM, BENGALURU – 560 020.
13. SRI LOKESH S/O. VENKATESHSOMAPPA, AGED ABOUT 43 YEARS, R/AT NO.46, 1ST MAIN, 5TH CROSS, PARVATHINAGARA, LAGGERE, BENGALURU – 560 058.
14. SRI PAPA RAO S/O. RAMAKRISHNA RAO, AGED ABOUT 36 YEARS, R/AT NO.NIL, 1ST CROSS, ATTHIBELE, BENGALURU – 562 107.
15. SRI MANU S/O. NAGARAJU, AGED ABOUT 25 YEARS, R/AT NO.221, 2ND CROSS, KAMAKSHIPALYA, BENGALURU – 560 079.
16. SRI MOHAMMAD KURAN S/O. IMAMA KHAN, AGED ABOUT 29 YEARS, R/AT 203, 1ST MAIN, 9TH CROSS, MYSORE ROAD, BAPUJINAGAR, BENGALURU – 560 026.
17. SRI M. JAGADISH S/O. MASTHRY MUNIYAPPA, AGED ABOUT 53 YEARS, R/AT NO.172/24, KILARI ROAD, BENGALURU – 560 053.
18. SRI V. MANJUNATH S/O. Y.K. SIRAHATTI, AGED ABOUT 49 YEARS, R/AT NO.E-24, 12TH CROSS, MAGADI ROAD, BENGALURU – 560 023.
19. SRI R. GOPI S/O. R. RANGAPPA, AGED ABOUT 49 YEARS, R/AT NO.58, RANASINGH PET, BIREDEVARA LANE, BENGALURU – 560 002.
20. SRI LLIYAZ S/O. MUNAVAR, AGED ABOUT 27 YEARS, R/AT NO.425/77, 10TH MAIN, YARABNAGAR, BENGALURU – 560 070.
21. SRI SUPRITH GOWDA S/O. SUBBARAYAPPA, AGED ABOUT 28 YEARS, R/AT NO.3317, 5TH CROSS, 2ND MAIN, GAYATHRI NAGAR, BENGALURU – 560 021.
22. SRI BASAVARAJU S/O. BASAVAIAH, AGED ABOUT 29 YEARS, R/AT NO.27, AKKAMAHADEVI ROAD, CHIKKAPET, BENGALURU – 560 053.
23. SRI PRADEEP S/O. PRAKASH, AGED ABOUT 30 YEARS, R/AT NO.56/64, 16TH “A” MAIN, 4TH BLOCK, NANDINI LAYOUT, BENGALURU – 560 096.
24. SRI RAGAVENDRA S/O. SIDDAPPA, AGED ABOUT 35 YEARS, R/AT NO.NIL, 2ND CROSS, HONGASANDRA, BENGALURU – 560 068.
25. SRI SANTHOSH S/O. RAMADASAIAH, AGED ABOUT 27 YEARS, R/AT NO.529, 3RD CROSS, KAVERI NAGAR, B.S.K. 2ND STAGE, BENGALURU – 560 070.
26. SRI NAGARAJU S/O. SHANKARAPPA GOWDA, AGED ABOUT 45 YEARS, R/AT NO.29, 6TH CROSS, 5TH MAIN, GANDHI NAGAR, BENGALURU – 560 009.
27. SRI K. THIMMARAJU S/O. KRISHNAPPA, AGED ABOUT 47 YEARS, R/AT NO.49, 1ST MAIN, NETHRAVATHI BADAVANE, 1ST CROSS, K.R. PURAM, BENGALURU – 560 036.
28. SRI MADHU S/O. NINGEGOWDA, AGED ABOUT 27 YEARS, R/AT NO.NIL, 5TH CROSS, NEAR MAHESHWARAMMA DEVASTHANADA, T. DASARAHALLI, BENGALURU – 560 057.
29. SRI ANAND S/O. CHIKKAVEERAIAH, AGED ABOUT 36 YEARS, R/AT NO.16/1, 5TH CROSS, SHAMPUR MAIN ROAD, MUNIVEERAPPA LAYOUT, BENGALURU – 560 032.
30. SRI PARAMESHWARA S/O. MANJAPPA, AGED ABOUT 27 YEARS, R/AT NO.67, 1ST MAIN, VIDHYA NAGAR, T. DASARAHALLI, BENGALURU – 560 057.
31. SRI CHANDRA SHEKHAR S/O. SUNDAR MURTHY ROA, AGED ABOUT 42 YEARS, R/AT NO.1224, LAKSHMI NAGARA, OPP. KEMPEGOWDA GROUND, BASAVESHWARA NAGAR, BENGALURU – 560 079. ... PETITIONERS (BY SRI BHARATH KUMAR V., ADVOCATE) AND:
1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER SESHADRIPURAM POLICE STATION, SESHADRIPURAM, BENGALURU – 560 020.
2. POLICE INSPECTOR, SESHADRIPURAM POLICE STATION, SESHADRIPURAM, BENGALURU – 560 020. ... RESPONDENTS (BY SRI S. RACHAIAH, HCGP) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR NO.209/2014 ALONG WITH THE INFORMATION DATED 11.10.2014 REGISTERED WITH THE RESPONDENT SHESHADRIPURAM POLICE STATION, AGAINST THE PETITIONERS WHO ARE ACCUSED, FOR ALLEGED OFFENCES UNDER SECTION 78 AND 79 OF THE KARNATAKA POLICE ACT AND UNDER SECTION 188 OF I.P.C., PENDING ON THE FILE OF THE HON'BLE METROPOLITAN MAGISTRATE (TRAFFIC COURT- 1), BENGALURU, VIDE ANNEXURE–A AND A1; AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard.
2. Petitioner No.31 claims to be the General Secretary of “M/s.New Target Association Club”, situated in Sheshadripuram, Bengaluru. On 11/10/2014, police conducted a raid and arrested petitioners herein on the premise that they were indulging in gambling and accordingly, FIR.No.209/2014 was registered for offences punishable under Sections 78 and 79 of the Karnataka Police Act, 1963 [hereinafter, referred to as “the Act”]. After investigation, police have filed charge sheet and criminal case is pending in C.C.No.12124/2015.
3. Learned advocate for petitioners submits that Sections 78 and 79 of the Act are non-cognizable offences and therefore, police could not have conducted investigation without permission from learned Magistrate, as the same amounts to violation of Section 155 (2) of Cr.P.C. He submits that since the police have not obtained necessary permission from the Magistrate to conduct investigation and filed charge sheet, the entire investigation is vitiated and consequently, all criminal proceedings against them are unsustainable in law.
4. The facts stated by the learned advocate for petitioner is not disputed by learned H.C.G.P.
5. This Court has taken a consistent view that police cannot investigate into non-cognizable offences, without obtaining express permission from the jurisdictional Magistrate. [See B.M.Suresh vs. The State of Karnataka and another (Crl.P.No.4974/2016 D.D. 10.08.2016)].
6. In the circumstances, these petitions merit consideration and they are accordingly allowed. The proceedings in C.C.No.12124/2015 on the file of learned Metropolitan Magistrate (Traffic Court – 1), Mayohall, Bengaluru, are quashed, so far as the petitioners are concerned.
No costs.
Sd/- JUDGE *mvs