Allowed

Shri Uday S/O Ramakrishna Shetty v. the State of Karnataka

Karnataka HC21 Sept 2024CRL.P/102888/2024

Case brief

AI extract

What is this about?

High Court of Karnataka quashed criminal proceedings against the petitioner for being the organizer of gambling under Section 78(3) of K.P. Act. The court held that without material evidence recovered against the petitioner, relying only on the first accused's confession was insufficient for prosecution.

What did the court decide?

Criminal proceedings in C.C. No. 409/2023 in P.S. Crime No. 66/2022 quashed insofar as the petitioner is concerned.

Shri Uday S/O Ramakrishna Shetty Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC-D:13531 CRL.P No. 102888 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21^ST DAY OF SEPTEMBER 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 102888 OF 2024

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BETWEEN:

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SHRI. UDAY S/O. RAMAKRISHNA SHETTY, AGE: 36 YEARS, OCC: BUSINESS, R/O: DHARMANABYLE, CHIPAGI, TQ: SIRSI, DIST: UTTARA KANNADA-581402.

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…PETITIONER

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(BY SRI. R. H. ANGADI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, (BANAVASI POLICE STATION), R/BY STATE PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011.

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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BHARATHI H M

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HIGH COURT OF KARNATAKA

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN BANAVASI POLICE STATION IN P.S.CRIME NO.66/2022, FOR THE OFFENCE P/U/SEC. 78(3) OF KP ACT, PENDING IN C.C.NO.409/2023, ON THE FILE OF III ADDL. JMFC COURT, SIRSI, SO FAR AS PETITIONER WHO IS ARRAYED AS ACCUSED NO.2, TO MEET THE ENDS OF JUSTICE.

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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2 - NC: 2024:KHC-D:13531 CRL.P No. 102888 of 2024

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ORAL ORDER

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This petition is filed challenging the registration of an FIR against the petitioner for the offence punishable under Section 78(3) of K.P. Act which has culminated in the filing of the chargesheet.

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In the FIR as well as the chargesheet, the petitioner is arrayed as the second accused.

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The complaint indicates that on securing permission, a raid was conducted and the first accusedSomashekhar Rajappa Bhoviwaddar was apprehended when he was engaged in gambling.

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After the first accused was apprehended, it is

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stated that he informed the police that the entire game was being conducted at the instance of the petitioner and therefore, the police proceeded to arraign the petitioner as accused No.2.

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The charge sheet which has been laid indicates

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that apart from the pancha witnesses, there is no other

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3 - NC: 2024:KHC-D:13531 CRL.P No. 102888 of 2024

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evidence in which it is indicated that the petitioner was the organizer of gambling. Assuming that the confession statement was credible, the same could have been acted upon only if it was supported by the seizure of any material.

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Admittedly, no such material has been recovered as against the present petitioner. It is therefore clear that the petitioner/accused No.2 cannot be prosecuted. Consequently, the proceedings are quashed insofar as the petitioner is concerned.

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7. Accordingly, the petition is allowed.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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RKM CT:ANB List No.: 1 Sl No.: 40

Shri Uday S/O Ramakrishna Shetty v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri Uday S/O Ramakrishna Shetty v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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