Allowed

Sandeepa S C v. the State of Karnataka

Karnataka HC5 Oct 2023WP/12071/2023

Case brief

AI extract

What is this about?

Seven petitions filed under Articles 226 and 227 of the Constitution and Section 482 CrPC sought to quash criminal proceedings for playing illegal lottery (Oc Matka). The court allowed petitions, quashing proceedings against specific accused as they relied solely on uncorroborated co-accused confession, and investigation lacked statutory magistrate permission.

What did the court decide?

The criminal proceedings in various CCs against specific accused (accused No.1, 2, 3, 4) insofar as they relate to the petitioners are hereby quashed.

Sandeepa S C Vs the State of Karnataka — Contempt of Court | Karnataka HC (2023)

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NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 12071 OF 2023 (GM-RES)

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C/W CRIMINAL PETITION NO. 2321 OF 2023 CRIMINAL PETITION NO. 2458 OF 2023 CRIMINAL PETITION NO. 2714 OF 2023 CRIMINAL PETITION NO. 4340 OF 2023 WRIT PETITION NO. 12882 OF 2023 (GM-RES) WRIT PETITION NO. 12919 OF 2023 (GM-RES) WRIT PETITION NO. 12934 OF 2023 (GM-RES)

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IN WP No.12071/2023

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BETWEEN:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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SANDEEPA S C S/O CHANDRAPPA AGED ABOUT 35 YEARS, R/O SUBBAIAH HOSPITAL OPP LAKKAMMA COMPOUND SHIVAMOGGA TOWN, SHIVAMOGGA KARNATAKA-577201

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(BY SRI P P HEGDE, SENIOR COUNSEL FOR SRI AKSHAY KUMAR JAIN, ADVOCATE)

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…PETITIONER

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AND:

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THE STATE OF KARNATAKA, TUNGA NAGAR POLICE STATION, TUNGA NAGAR, SHIVAMOGGA REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560001

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¶18

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PRASHANTH G MUNNOLLI AGED MAJOR FATHER NAME NOT KNOWN DEPUTY SUPERINTENDENT OF POLICE SHIVAMOGGA SUB DIVISION SHIVAMOGGA CITY SHIVAMOGGA KARNATAKA

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…RESPONDENTS

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(BY SMT K P YASHODA, HCGP FOR R1 & R2)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO QUASHING THE FURTHER PROCEEDINGS IN CC NO. 4240/2022 ARISING OUT OF CRIME NO. 149/2022 OF TUNGA NAGAR POLICE STATION PENDING ON THE FILE OF V ADDL CIVIL JUDGE AND JMFC SHIVAMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT 1963 VIDE ANNEXURE- C IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC.

¶23

IN CRL.P. No.2321/2023

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BETWEEN:

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SANDEEP S C S/O LATE CHANDRAPPA AGED ABOUT 36 YEARS R/O SUBBAIAH HOSPITAL OPPOSITE LAKKAMMA COMPOUND JAIL ROAD, SHIVAMOGGA - 577201

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…PETITIONER

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(BY SRI P P HEGDE, SENIOR COUNSEL FOR SMT SHARADI S SHETTY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DODDAPETE POLICE STATON, SHIVAMOGGA REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU 560001

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3 - NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023

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MR PRASHANTH B MUNOLLI AGED MAJOR FATHER NAME NOT KNOWN DEPUTY SUPERINTENDENT SHIVAMOGGA 577201

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…RESPONDENTS

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(BY SMT K P YASHODA, HCGP)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CRIMINAL CASE IN C.C.NO.1030/2021 ARISING OUT OF CR.NO.105/2021 OF DODDAPETE POLICE STATION PENDING ON THE FILE OF THE COURT OF JMFC II AT SHIVAMOGGA FOR THE OFFENCE P/U/S.78(3) OF KARNATAKA POLICE ACT, 1963 IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC.

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IN CRL.P. No.2458/2023

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BETWEEN:

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SANDEEPA C.S S/O LATE CHANDRAPPA AGED ABOUT 36 YEARS, R/O SUBBAIAH HOSPITAL, OPPOSITE LAKKAMMA COMPOUND JAIL ROAD

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SHIVAMOGGA-577201

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…PETITIONER

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(BY SRI. P.P. HEGDE, SENIOR COUNSEL FOR SMT SHARADI S SHETTY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DODDAPETE POLICE STATION, SHIVAMOGGA REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560001

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MR VASANT KUMAR AGED MAJOR, FATHER NAME NOT KNOWN,

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4 - NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023

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POLICE INSPECTOR SHIVAMOGGA-577201

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…RESPONDENTS

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(BY SMT K P YASHODA, HCGP)

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THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE CRIMINAL CASE IN C.C.NO.950/2021 ARISING OUT OF CRIME NO.109/2021 OF DODDAPETE POLICE STATION PENDING ON THE FILE OF COURT OF J.M.F.C. II AT SHIVAMOGGA FOR THE OFFENCE P/U/S 78(3) OF KARNATAKA POLICE ACT, 1963 IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC.

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IN CRL. P. No.2714/2023

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BETWEEN:

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SANDEEPA S/O LATE CHANDRAPPA AGED ABOUT 34 YEARS R/O 2ND CROSS, VENKATESH NAGARA SHIVAMOGGA KARNATAKA-577201

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…PETITIONER

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(BY SRI P P HEGDE, SENIOR COUNSEL FOR SMT SHARADI S SHETTY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA RURAL POLICE STATION SHIVAMOGGA REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560001

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MR ABHYA PRAKASH SOMANAL AGED MAJOR FATHER NAME NOT KNOWN POLICE INSPECTOR RURAL POLICE STATION

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5 - NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023

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SHIVAMOGGA-577201

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…RESPONDENTS

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(BY SMT K P YASHODA, HCGP)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CRIMINAL CASE IN C.C. NO.1803/2022 ARISING OUT OF CRIME NO. 399/2022 OF RURAL POLICE STATION, SHIVAMOGGA PENDING ON THE FILE OF COURT OF J.M.F.C III AT SHIVAMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT, 1963 IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC.

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IN CRL.P. No.4340/2023

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BETWEEN:

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SANDEEP S/O CHANDRAPPA AGED ABOUT 34 YEARS R/O JAIL ROAD, OPP SUBBAIAH HOSPITAL NEAR LAKAMMA COMPOUND SHIVAMOGGA CITY 577225 SHIVAMOGGA KARNATAKA

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…PETITIONER

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(BY SRI P P HEGDE, SENIOR COUNSEL FOR SRI VENKATESH SOMAREDDY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DAVANAGERE CEN CRIME POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BENGALURU 560001

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SRI MUTTURAJ AGED ABOUT 34 YEARS, S/O SHANMUKHAPPA POLICE OFFICER DAVANAGERE CEN CRIME POLICE STATION,

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6 - NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023

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DAVANAGERE 577001 KARNATAKA

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…RESPONDENTS

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(BY SMT K P YASHODA, HCGP)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.68/2022 ARISING OUT OF CR.NO.50/2021 OF DAVANAGERE CEN CRIME POLICE STATION PENDING ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND J.M.F.C., DAVANAGERE FOR THE OFFENCE P/U/S 78(3) OF KARNATAKA POLICE ACT IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC.

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IN WP No.12882/2023

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BETWEEN:

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SANDEEPA S C S/O CHANDRAPPA, AGED ABOUT 35 YEARS, R/AT 2ND CROSS, VENKATESH NAGARA, SHIVAMOGGA, KARNATAKA 577201.

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…PETITIONER

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(BY SRI P P HEGDE, SENIOR COUNSEL FOR MS. RACHITHA RAJSHEKAR., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA SHIVAMOGGA RURAL POLICE STATION, SHIVAMOGGA, REP BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001.

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J R F MIRANDA AGED MAJOR, FATHER NAME NOT KNOWN, POLICE SUB INSPECTOR,

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7 - NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023

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RURAL POLICE STATION, SARGARA ROAD, SHIVAMOGGA, KARNATAKA 577401.

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…RESPONDENTS

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(BY SMT K P YASHODA, HCGP)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C PRAYING TO QUASHING THE CRIMINAL CASE IN CC NO 617/2023 ARISING OUT OF CRIME NO.14/2023 OF SHIVAMOGGA RURAL POLICE STATION PENDING ON THE FILE OF JMFC III, SHIVAMOGGA, THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT 1963 VIDE ANNEXURE-F AND ETC.

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IN WP No.12919/2023

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BETWEEN:

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SANDEEPA S C S/O CHANDRAPPA, AGED ABOUT 36 YEARS, R/O JAIL ROAD OPP. SUBBAIAH HOSPITAL, SHIVAMOGGA CITY, SHIVAMOGGA, KARNATAKA-577201.

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…PETITIONER

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(BY SRI P P HEGDE, SENIOR COUNSEL FOR SRI VENKATESH SOMAREDDY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA NYAMATHI POLICE STATION, NYAMATHI, DAVANAGER, REP BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001.

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MR HANUMANTHAPPA M SHIRIHALLI AGED MAJOR, FATHER NAME NOT KNOWN, POLICE SUB INSPECTOR, DAVANAGERE,

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8 - NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023

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KARNATAKA-577001.

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…RESPONDENTS

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(BY SMT K P YASHODA, HCGP)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO QUASHING THE ENTIRE PROCEEDINGS IN CC NO.29/2019 ARISING OUT OF CRIME NO.190/2018 OF NYAMATHI POLICE STATION PENDING ON THE FILE ADDL CIVIL JUDGE AND JMFC, HONNALI REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT, 1963 IN SO FAR AS THE PETITIONER IS CONCERNED (VIDE ANNEXURE-C) AND ETC.

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IN WP No.12934/2023

¶102

BETWEEN:

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SANDEEPA S C S/O CHANDRAPPA, AGED ABOUT 36 YEARS, R/O OPPOSITE SUBBAIAH HOSPITAL, LAKAMMA COMPOUND JAIL, SHIVAMOGGA CITY, SHIVAMOGGA, KARNATAKA-577201.

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…PETITIONER

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(BY SRI P P HEGDE, SENIOR COUNSEL FOR MS. MONISHA N S, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA TUNGANAGAR POLICE STATION, SHIVAMOOGA CITY, SHIVAMOGGA, REP BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001.

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MR. JAYAPPA AGED MAJOR, FATHER NAME NOT KNOWN, POLICE SUB INSPECTOR, TUNGANAGAR POLICE STATION,

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9 - NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023

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SHIVAMOGGA-577201.

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…RESPONDENTS

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(BY SMT K P YASHODA, HCGP)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO QUASHING THE FURTHER PROCEEDINGS IN C C NO.1135/2023 ARISING OUT OF CRIME NO.253/2022 OF TUNGANAGAR POLICE STATION PENDING ON THE FILE OF ADDL CIVIL JUDGE AND JMFC SHIVAMOGGA THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT 1963 VIDE ANNX-C IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The issue involved in all these petitions are similar and hence, they are taken up together, heard and disposed of by this common order.

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The petitioners are sought to be prosecuted for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (‘KP Act’ for short).

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The case of the prosecution is that, on receiving credible information, a raid was conducted and upon inspection, it was uncovered that the co-accused were playing Oc Matka in a public place without any licence and on apprehending the co-

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10 - NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023

¶120

accused and on interrogation, they stated that they are playing Oc Matka on the instructions of the petitioners herein. The registration of FIR is impugned in these petitions.

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Sri.P.P.Hegde, learned Senior Counsel for the petitioners would submit that the petitioners have been implicated solely on the basis of the confession statement of the co-accused and in the absence of any corroborative material to substantiate that the petitioners instructed the coaccused to play Oc Matka in a public place, continuation of the criminal proceedings will be an abuse of process of law. He further submits that in WP.No.12071/2023 the police before conducting investigation of the offence punishable under Section 78(3) of the KP Act, which is a non cognizable offence have not taken permission from the learned Magistrate as specified under Section 155(2) of the Cr.PC. Therefore, continuation of the investigation culminating in taking cognizance stands vitiated for non compliance of Section 155(2) of the Cr.PC.

¶122

11 - NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023

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Learned HCGP for the State would submit that the charge sheet material discloses that the co-accused were playing Oc Matka in a public place on the instructions of the petitioners herein and the veracity of the allegation can be considered only at the time of trial and the same cannot be gone into in these petitions.

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I have considered the submissions made by the learned Counsel for the parties.

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A perusal of the charge sheet material discloses that the petitioners have been implicated solely on the basis of the confession statement of the co-accused who have allegedly stated that they were playing Oc Matka in a public place on the instructions of the petitioners. However, there is no material in the form of recovery or any other material to substantiate the allegation that these petitioners instructed the co-accused to play Oc Matka in the public place. The offence under Section 78(3) of the KP Act is a non cognizable offence and the police before conducting investigation were required to take permission from the jurisdictional magistrate as specified under

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12 -

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¶128

Section 155(2) of the Cr.PC. Therefore, the conducting of investigation culminating in taking cognizance of the offence under Section 78(3) of the KP Act stands vitiated for non compliance of the mandatory provisions contained in Section 155(2) of the Cr.PC. Therefore, continuation of the criminal proceedings only on the basis of the confession statement of the co-accused in the absence of any corroborative material against the petitioners will be an abuse of process of law.

¶129

8. Accordingly, I pass the following order:

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ORDER

¶131

The Criminal Petitions are allowed.

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W.P.No.12071/2023

¶133

The impugned proceedings in C.C.No.4240/2022 (arising out of Crime No.149/2022 of Tunga Nagar Police), pending on the file of the V Addl. Civil Judge & JMFC, Shivamogga, insofar as it relates to accused No.3, is hereby quashed.

¶134

Crl.P.No.2321/2023

¶135

The impugned proceedings in C.C.No.1030/2021 (arising out of Crime No.105/2021 of Doddapete Police), pending on the file

¶136

13 - NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023

¶137

of JMFC II at Shivamogga, insofar as it relates to accused No.2, is hereby quashed.

¶138

Crl.P.No.2458/2023

¶139

The impugned proceedings in C.C.No.950/2021 (arising out of Crime No.109/2021 of Doddapete Police), pending on the file of JMFC II at Shivamogga, insofar as it relates to accused No.2, is hereby quashed.

¶140

Crl.P.No.2714/2023

¶141

The impugned proceedings in C.C.No.1803/2022 (arising out of Crime No.399/2022 of Rural Police), pending on the file of JMFC III at Shivamogga, insofar as it relates to accused No.2, is hereby quashed.

¶142

Crl.P.No.4340/2023

¶143

The impugned proceedings in C.C.No.68/2022 (arising out of Crime No.50/2021 of Davanagere CEN Crime Police), pending on the file of III ACJ and JMFC, Davanagere, insofar as it relates to accused No.4, is hereby quashed.

¶144

14 - NC: 2023:KHC:36229 WP No. 12071 of 2023 C/W CRL.P No. 2321 of 2023 CRL.P No. 2458 of 2023 CRL.P No. 2714 of 2023 CRL.P No. 4340 of 2023 WP No. 12882 of 2023 WP No. 12919 of 2023 WP No. 12934 of 2023

¶145

W.P.No.12882/2023

¶146

The impugned proceedings in C.C.No.617/2023 (arising out of Crime No.14/2023 of Shivamogga Rural Police), pending on the file of JMFC III, Shivamogga, insofar as it relates to accused No.2, is hereby quashed.

¶147

W.P.No.12919/2023

¶148

The impugned proceedings in C.C.No.29/2019 (arising out of Crime No.190/2018 of Nyamathi Police), pending on the file of Additional Civil Judge & JMFC, Honnalli, insofar as it relates to accused No.2, is hereby quashed.

¶149

W.P.No.12934/2023

¶150

The impugned proceedings in C.C.No.1135/2023 (arising out of Crime No.253/2022 of Tunganagar Police), pending on the file of V Additional Civil Judge & JMFC, Shivamogga, insofar as it relates to accused No.1, is hereby quashed.

¶151

Sd/JUDGE

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List No.: 2 Sl No.: 4

Sandeepa S C v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sandeepa S C v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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