Yogesh v. State by Basaweshwaranagar Ps

Karnataka HC19 Mar 2025CRL.P/2771/2025

Case brief

AI extract

What is this about?

Quashing of proceedings – S.482 Cr.P.C. / S.528 BNNS – Karnataka Police Act, 1963, Sections 79 and 80 (gambling / game of chance) – raid on Recreation Club on 08.06.2022 – Crime No.92/2022, Basaveshwaranagar Police Station – petitioner was accused No.27, working in the club, not among those playing cards – no material of gambling against him – cognizance vitiated qua petitioner – continuation abuse of process – C.C.No.4469/2023, Metropolitan Magistrate Traffic Court-VI, Bengaluru – proceedings quashed in so far as they relate to petitioner/accused No.27.

What did the court decide?

The impugned proceedings in C.C.No.4469/2023 on the file of the Metropolitan Magistrate, Traffic Court-VI, Bengaluru, quashed in so far as they relate to the petitioner/accused No.27. ¶¶37

Yogesh Vs State by Basaweshwaranagar Ps — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:11925 CRL.P No. 2771 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2771 OF 2025

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BETWEEN:

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YOGESH S/O DODDEGOWDA AGED ABOUT 30 YEARS RESIDING AT: DEVIRAHALLI VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK-571 421 MANDYA DISTRICT- 571 421.

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…PETITIONER

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(BY SRI. SRINIVAS V.,ADVOCATE)

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AND:

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STATE BY BASAWESHWARANAGAR PS, BANGALORE REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001.

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Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA

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M. BHARATH POLICE INSPECTOR SPECIAL ENQUIRY CELL N.T.PETE, BANGALORE - 560 002.

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…RESPONDENTS

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(BY SRI.M R PATIL, HCGP FOR R1)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH ALL FURTHER PROCEEDINGS IN C.C.NO.4469/2023 PENDING ON THE FILE OF THE COURT OF METROPOLITAN MAGISTRATE TRAFFIC COURT-VI FOR AN OFFENCE P/U/S 79 AND 80 OF KARNATAKA POLICE ACT AS AGAINST THIS PETITIONER ARISING OUT OF

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2 - NC: 2025:KHC:11925 CRL.P No. 2771 of 2025

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CR.NO.92/2022 REGISTERED BY THE BASAVESHWARANAGAR POLICE (RESPONDENT NO.1) FOR AN OFFENCE P/U/S 79 AND 80 OF KARNATAKA POLICE ACT.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner-accused No.27, who is charge-sheeted for the offences punishable under Sections 79 and 80 of Karnataka Police Act, 1963, is before this Court seeking the following relief:

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"i) Call for records pertaining to C.c.No.4469/2023 pending on the file of Court of Metropolitan Magistrate Traffic Court-VI, Bangalore,

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ii) quash all further proceedings in CC No.4469/2023 pending on the file of the Court of Metropolitan Magistrate Traffic Court-VI for an offence punishable under Section 79 and 80 of Karnataka Police Act as against this petitioner arising out of Crime No.92/2022 registered by the Basaveshwarnagar Police (Respondent No.1) for an offence punishable under Section 79 and 80 of Karnataka Police Act and,

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iii) Grant such other reliefs that this Hon’ble Court may deem fit in the interest of justice."

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The prosecution alleges that on getting a credible information on 08.06.2022 that in a Recreation Club, some persons were playing cards by placing the money as a game of chance, thereafter the police conducted a raid and upon

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NC: 2025:KHC:11925 CRL.P No. 2771 of 2025

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inspection, it was discovered that the accused Nos.1 to 22 were playing cards as a game of chance and accused Nos.23 to 27 were working in the Recreation Club.

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Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1-State.

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A perusal of the charge sheet indicates that the petitioner was only working in the recreation club at the time of the raid and there is no material to substantiate that the petitioner was also engaged in playing cards as a game of chance with other accused. Therefore, in the absence of any material that the petitioner was engaged in gambling, the cognizance taken for the aforesaid offences in so far as it relates to the petitioner stands vitiated. In such circumstances, continuation of proceedings would be an abuse of the process of law.

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