IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B. BAJANTHRI CRIMINAL PETITION No.6848/2019 BETWEEN:
1 . SRI. RAJAPPA AGED ABOUT 48 YEARS, S/O HALGAPPA, R/O HOSAHALLI VILLAGE, SAKARAYAPATTANA HOBLI, KADUR TALUK, CHIKKAMAGALUR DIST-577548 2 . SRI. GANGADHARAIAH AGED ABOUT 40 YEARS, S/O SHIVAIAH, R/O MALLENAHALLI,GANDASI HOBLI, ARASIKERE TALUK, HASSAN DIST-573103 3 . SRI. RAJESH AGED ABOUT 32 YEARS, S/O SHANTHAPPA, R/O MYLANAHALLI KOPPALU, SHIVANANDA COLONY, ARASIKERE TOWN, HASSAN DIST-573103 4 . SRI. BHIMA NAIKA AGED ABOUT 29 YEARS, S/O DHANANJAYA NAIKA, R/O MURUDI B.THANDYA, ARASIKERE TALUK, HASSAN DIST-573103 5 . ESHWARAPPA AGED ABOUT 70 YEARS, S/O BASAPPA.
R/O RAMA BEEDI, GOWRAPURA, TARIKERE TALUK, CHIKKAMAGALUR DIST-577228 6 . SRI. SUBBAIAH AGED ABOUT 56 YEARS, S/O GANAPAIAH, R/O KEB MESTRI MESCOM KADUR, ANANTHAPURA NOW RESIDING AT VIDYANAGARA, KADUR TOWN, CHIKKAMAGALURU DIST-577548 7 . SRI. BASAVARAJU H.D. AGED ABOUT 52 YEARS, S/O DASANAIKA R/O HIRESADRAHALLI, KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DIST-573103.
8. Mr. AYUB, AGED ABOUT 51 YEARS, S/O LATE AMANULLA SHARIF, R/O ABUL COLONY, K.M.ROAD, KADUR TOWN, CHIKKAMAGALURU DIST – 577 548.
9 . SRI. RAJAPPA B.R AGED ABOUT 41 YEARS, S/O RANGASWAMY R/O K.BIDARE VILLAGE, KADUR TALUK, CHIKKAMAGALURU DIST-577 548 10 . HANUMANTHAPPA AGED ABOUT 63 YEARS, S/O THIMMANNA, R/O AGRAHARA EXTENSION, BANAVARA TOWN, ARASIKERE TALUK, HASSAN DIST-573103.
11. SRI. CHANDRAPPA AGED ABOUT 60 YEARS, S/O LATE SIDDAPPA, R/O KOTE, BANAVARA TOWN, ARASIKERE TALUK, HASSAN DIST-577 548.
12 . SRI. JAYANNA AGED ABOUT 38 YEARS, S/O LATE RAJANNA, R/O GOWRIPURA, GUBBI TALUK, TUMAKURU DIST-572216.
13 . SRI. VENKATESHA AGED ABOUT 48 YEARS, S/O BALA NAIKA, WORKING AT YADAVANAHALLI SCHOOL, R/O MARUTHI NAGARA, ARASKIERE TALUK, HASSAN DIST-573103.
14 . SRI. GIRISHA AGED ABOUT 35 YEARS, S/O LATE JAGADISH, R/O MAKEKALLU TIRUPATI, ARASKIERE TALUK, HASSAN DIST-573103.
15 . SRI. SHANKARAPPA AGED ABOUT 54 YEARS, S/O LATE GOVINDAPPA R/O SELECTION FASHION CLOTH CENTRE, NEAR: KIRALAMMA TEMPLE, AJJAMPURA TOWN, TARIKERE TALUK, CHIKKAMAGALURU DIST-577228 16 . SRI. RAMANA REDDY AGED ABOUT 40 YEARS, S/O YANADA REDDY, JCB OPERATOR, R/O K.BIDARE VILLAGE, KADUR TALUK, CHIKKAMAGALURU DIST-577548 17 . SRI. MANJUNATHA AGED ABOUT 36 YEARS, S/O VENKATESHA, RK TRADERS EMPLOYEE, APMC MARKET, SRINIVASA NAGARA, ARASIKERE TOWN, HASSAN-573103.
18 . SRI SURESHA MAJOR, R/O GANESH BAR & RESTAURANT OWNER, SHRINIVASA NAGARA, HASSAN 573101.
...PETITIONERS (By Sri. GIRISH B BALADARE, ADV.) AND THE STATE OF KARNATAKA THE SUB INSPECTOR ARASIKERE TOWN POLICE STATION, HASSAN DIST-573103.
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001.
…RESPONDENT (BY SRI. R.D.RENUKARADHYA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE CHARGE SHEET FILED AGAINST THE PETITIONERS IN CR.NO.306/2018 BY THE ARASIKERE TOWN POLICE, HASSAN DISTRICT FOR THE OFFENCE P/U/S 79, 80 OF THE KARNATAKA POLICE ACT, PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC COURT IN C.C.NO.34/19 AT ARASIKERE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER State counsel is hereby directed to accept notice for respondent.
2. The petitioners have questioned the validity of charge sheet in C.R.No.0306/2018 by the Arasikere Town Police for the offences punishable under Sections 79 and 80 of Karnataka Police Act, 1963, pending on the file of the Senior Civil Judge and JMFC, Arasikere in C.C.No.34/2019.
3. The facts of the case is that, the police personnel have raided the premises of one Ganesh Residency Bar and Restaurant at about 12.30 p.m. on 18.11.2018, in the third floor, they found that there were about 17 people were stated to have been playing cards, which was alleged to be illegal. The FIR was registered on 18.11.2018 at about 1.30 p.m.
4. In this background, learned counsel for the petitioners submitted that there is non-compliance of the procedure of the provisions of law. They have not obtained the permission from the jurisdictional Magistrate so also registration of FIR is subsequent to the raid.
5. On the other hand, learned HCGP for the respondent – State submitted that necessary approval of the Magistrate had been obtained. As is evident from the records, such permission is not in accordance with law and further, it is to be noted that after raiding at 12.30 p.m. and FIR was filed at 1.30 p.m. such permission has obtained. Thus, the petitioners have made out legal ground to interfere with the proceedings. Accordingly, proceedings in C.R.No.0306/2018 is quashed and the present petition stands allowed.
Sd/- JUDGE MH/-