High Court Revision Petitions filed against convictions under Section 80 of Karnataka Police Act. Court held prosecution failed due to non-compliance with Section 155(2) Cr.P.C required for non-cognizable offences. Acquited petitioners and set aside conviction.
Impugned judgment of conviction and sentence set aside; petitioners acquitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/W CRL.RP No. 203 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL REVISION PETITION NO. 202 OF 2014
C/W
CRIMINAL REVISION PETITION NO. 203 OF 2014
IN CRL.RP.NO.202/2014:
BETWEEN:
R/O. JANATHA COLONY, CHALLAKERE-577 522.
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
R/O CHALLAKERE TOWN, CHITRADURGA DISTRICT-577 522.
…PETITIONERS
(BY SRI. MAHESH.S, ADVOCATE)
CRL.RP No. 202 of 2014
C/W CRL.RP No. 203 of 2014
AND:
STATE BY CHALLAKERE POLICE CHITRADURGA DISTRICT-577 522.
…RESPONDENT
(BY SRI. KRISHNA KUMAR.K.K, HCGP)
THIS CRL.RP IS FILED U/S.397 AND 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED:1.3.14 PASSED BY THE ADDL. DIST. AND S.J., CHITRADURGA IN CRL.A.NO.44/11 AND CONFIRMING THE JUDGMENT AND ORDER DATED:1.7.11 PASSED BY THE PRL. JMFC, CHALLAKERE IN C.C.NO.534/2008 AND ETC.,
IN CRL.RP.NO.203/2014:
BETWEEN:
S/O. THIPPESWAMY, MAJOR BUSINESS
R/O. HOUSING BOARD COLONY CHALLAKERE-577522.
CRL.RP No. 202 of 2014
C/W CRL.RP No. 203 of 2014
ACCOUNTANT, WRITER IN SHIVA BAR R/O. MADAKARINAGAR, CHALLAKERE-577522.
…PETITIONERS
(BY SRI. MAHESH.S, ADVOCATE)
AND:
…RESPONDENT
(BY SRI. KRISHNA KUMAR, K.K, HCGP)
THIS CRL.RP IS FILED U/S.397 AND 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED:1.3.14 PASSED BY THE ADDL. DIST. AND S.J., CHITRADURGA IN CRL.A.NO.43/11 AND CONFIRMING THE JUDGMENT AND ORDER DATED:1.7.11 PASSED BY THE PRL. JMFC, CHALLAKERE IN C.C.NO.534/2008.
THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.RP No. 202 of 2014
C/W CRL.RP No. 203 of 2014
ORDER
The petitioners were tried for the offence punishable under Section 80 of The Karnataka Police Act, 1963. It was claimed that PW-7 received information that the petitioners were playing a game of chance, namely "Andar Bahar" and therefore, PW-7 after submitting a written request to PW-3 and after obtaining a special warrant under Section 80 of The Karnataka Police Act, 1963, searched the premises and found that the petitioners were playing a game of chance. PW-7 seized the playing cards and a sum of Rs.1,48,970/- and two tarpaulins as M.Os.1, 2, 3 and 4 and thereafter, the prosecution after recording the statement of the witnesses, filed a charge sheet for the offence punishable under Section 80 of The Karnataka Police Act, 1963. The petitioners pleaded not guilty and claimed to be tried and the prosecution examined PW-1 to PW-8 and marked exhibits as P1 to P6 and M.Os.1 to 4. The statement of the petitioners was recorded under Section 313 of Cr.PC, but they denied the evidence against them. However, they did not lead any evidence.
trial Court convicted the petitioners for the offence punishable
CRL.RP No. 202 of 2014
C/W CRL.RP No. 203 of 2014
under Section 80 of The Karnataka Police Act and sentenced them to under go simple imprisonment for a period of one month and to pay a fine of Rs.500/-.
CRL.RP No. 202 of 2014
C/W CRL.RP No. 203 of 2014
he relied upon the judgment of a Co-ordinate Bench of this Court in Crl.P.No.8529/2017 and contended that Section 155(2) of Cr.PC is applicable even in respect of offence punishable under Sections 79 and 80 of Karnataka Police Act.
CRL.RP No. 202 of 2014
C/W CRL.RP No. 203 of 2014
petitioners has to fail on this fundamental defect.
Therefore, these revision petitions are allowed and impugned judgment of conviction dated 01.07.2011 passed by Principal Civil Judge and JMFC, Challakere in C.C.No.534/2008 and the consequent sentence are set aside. Consequently, the judgment dated 01.03.2014 passed by Additional District and Sessions Judge, Chitradurga in Crl.A.Nos.43/2011 and Crl.A.Nos.44/2011. The petitioners are acquitted for the said offences.
Sd/JUDGE
PK
2 issues framed by the court
Whether a prosecution for an offence under Section 80 of The Karnataka Police Act, 1963 (being non-cognizable) without complying with Section 155(2) of Cr.P.C is viable.
Whether a special warrant for search based on a written complaint satisfies the requirements for initiating prosecution in a non-cognizable offence.
Colour shows how this judgement treated each authority
Co-ordinate Bench judgmentRelied on¶63
Crl.P.No.8529/2017
5 provisions across 2 enactments
THIPPESWAMY
ANJANEYA
BASAVARAJ
SEENA @ KARE SEENA
RAJU
RAMESH
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
