Allowed¶57

Mahesh v. State by

Karnataka HC3 Feb 2025CRL.P/7746/2024

Case brief

AI extract

What is this about?

Quashing of charge sheet; non-cognizable offence; investigation without permission under Section 155(2) of Cr.P.C.; Sections 78, 79, 80 Karnataka Police (Amendment) Act, 2021; amendment by Karnataka Act No.28 of 2021 struck down as ultra vires in W.P.No.18703/2021 (judgment dated 14.02.2022); Crime No.186/2023; C.C.No.235/2024 Civil Judge and JMFC Sakleshpura Hassan District; CRL.P No. 7746 of 2024; decided 03-02-2025; Justice S.R. Krishna Kumar; charge sheet quashed qua ten petitioners.

What did the court decide?

Charge sheet filed against the petitioners in Crime No.186/2023 pursuant to C.C.No.235/2024 (offences under Sections 78, 79 and 80 of the KP Act) quashed qua the petitioners. ¶57

Mahesh Vs State by — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Charge sheet filed against the petitioners in Crime No.186/2023 pursuant to C.C.No.235/2024 (offences under Sections 78, 79 and 80 of the KP Act) quashed qua the petitioners.

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Issue for consideration

Whether the charge sheet in Crime No.186/2023 and the proceedings in C.C.No.235/2024 are liable to be quashed because the offences under Sections 78, 79 and 80 of the KP Act, having become non-cognizable after the Karnataka Act No.28 of 2021 amendment was struck down, were investigated without the necessary permission under Section 155(2) of Cr.P.C.

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Court's answer

Since the offences under Sections 78, 79 and 80 of the KP Act are non-cognizable offences, and the respondents, though they made request, did not obtain the necessary permission under Section 155(2) of Cr.P.C. to conduct investigation, the impugned proceedings are illegal and warrant interference by this Court.

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Ratio / Principle

The petition is allowed and the charge sheet filed against the petitioners in Crime No.186/2023 pursuant to C.C.No.235/2024, for offences under Sections 78, 79 and 80 of the KP Act, on the file of the learned Civil Judge and JMFC Court at Sakleshpura, is quashed qua the petitioners.

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Detailed headnote1 paragraphs

Criminal petition under Section 482 of Cr.P.C. by ten accused seeking quashing of the charge sheet filed in Crime No.186/2023 (taken on file as C.C.No.235/2024 before the Civil Judge and JMFC Court, Sakleshpura, Hassan District) for offences punishable under Sections 78, 79 and 80 of the Karnataka Police (Amendment) Act, 2021. The FIR dated 27.08.2023 was registered when the offences were cognizable in view of the amendment vide Karnataka Act No.28 of 2021; however, by judgment dated 14.02.2022 in W.P.No.18703/2021, a Bench of this Court struck down that amendment as ultra vires to the Constitution of India, rendering the offences non-cognizable. The respondents investigated and filed the charge sheet without obtaining the necessary permission under Section 155(2) of Cr.P.C., which renders the impugned proceedings illegal. Petition allowed; charge sheet quashed qua the petitioners.

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1 - NC: 2025:KHC:4774 CRL.P No. 7746 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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CRIMINAL PETITION NO. 7746 OF 2024

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BETWEEN:

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MAHESH

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S/O MALLESHGOWDA AGE ABOUT 57 YEARS RESIDENT OF HEDDURGA VILLAGE PALYA HOBLI, ALUR TALUK HASSAN DISTRICT - 573 201.

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MOHANKUMAR H R S/O RUDRACHAR AGED ABOUT 60 YEARS RESIDENT OF CHAMPAKANAGAR SAKLESHPURA TQ HASSAN DIST - 573 201.

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VEERENDRA

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Digitally signed by KAVYA R Location: High Court of Karnataka

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S/O KALAPPA AGED ABOUT 44 YEARS RESIDENT OF KOWRI VILLAGE BIKKODU HOBLI, BELUR TLAUK HASSAN DISTRICT - 573 201.

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GOWRISH

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S/O JAYARAM

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AGED ABOUT 45 YEARS LAKSHMIPURA, SAKLESHPURA TOWN HASSAN DISTRICT - 573 201.

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KRISHNA V S/O VASU K AGED ABOUT 48 YEARS RESIDENT OF ALDURU VILLAGE, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT.

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2 - NC: 2025:KHC:4774 CRL.P No. 7746 of 2024

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KANTARAJU H M S/O MALLESHGOWDA AGED ABOUT 55 YEARS RESIDENT OF HEDDURGA VILALGE MADABALU POST, ALUR TALUK HASSAN DISTRICT - 573 201.

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MAHESHA M N S/O LATE NAGESH AGED ABOUT 53 YEARS RESIDENT OF BELAGODU VILLAGE SAKLESHPURA TALUK HASSAN DISTRICT - 573 201.

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VISHWANATH H S S/O LATE SHIVAPPA AGED ABOUT 53 YEARS RESIDENT OF HEDDURGA VILLAGE ALUR TALUK, HASSAN DISTRICT - 573 201.

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PUTTASWAMY S/O NANJAPPA AGED ABOUT 66 YEARS RESIDENT OF BALLUPETE VILLAGE SAKLESHPURA TALUK, HASSAN DISTRICT - 573 201.

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CHANDRASHEKAR M S S/O SOMEGOWDA M R AGED ABOUT 56 YEARS RESIDENT OF CHIKKANAYAKANAHALLI BELAGODU HOBLI, SAKLESHPURA TQ HASSAN DISTRICT - 573 201.

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…PETITIONERS

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(BY SMT. SANDHYA D., ADVOCATE)

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AND:

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STATE BY SAKALESHPURA RURAL POLICE STATION, REPRESENTED BY

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NC: 2025:KHC:4774 CRL.P No. 7746 of 2024

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STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. RASHMI JADHAV, ADDL. SPP)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED AGAINST PETITIONERS IN CR.NO.186/2023 BY THE SAKLESHPURA RURAL POLICE, FOR THE OFFENCE P/U/S 78, 79, 80 OF THE KARNATAKA POLICE (AMENDMENT) ACT, 2021, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT AT SAKLESHPURA, HASSAN DISTRICT IN CC.NO.235/2024 (ANNEXURE-B).

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioners seeks the following reliefs:-

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"i. Quash the charge sheet filed against petitioners in Cr.No.186/2023 by the Sakleshpura Rural Police, for the offence punishable U/S 78, 79, 80 of the Karnataka Police (Amendment) Act, 2021, pending on the file of Civil Judge and J.M.F.C. Court at Sakleshpura, Hassan District in C.C.No.235/2024 (ANNEXURE-B).

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ii. Quash the proceedings in C.C.No.235/2024, pending on the file of the Civil Judge and JMFC, Sakleshpura (ANNEXURE-C)

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iii. Pass any other appropriate order or direction as deems fit under the circumstances of the case, in the interest of justice and equity."

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In this petition, petitioners seeks quashing of charge sheet filed against the petitioners in Crime No.186/2023

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¶43

NC: 2025:KHC:4774 CRL.P No. 7746 of 2024

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pursuant to C.C.No.235/2024 registered for the offence punishable under Sections 78, 79 and 80 of Karnataka Police (Amendment) Act, 2021 [for short, ' the KP Act' ] by Sakaleshpura Rural Police Station, on the file of the learned Civil Judge and JMFC Court at Sakaleshpura, Hassan District.

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Heard the learned counsel for the petitioners and the learned Addl.SPP for respondent and perused the material on record.

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In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioners has invited my attention to the material on record in order to point out that on 27.08.2023, respondent registered a complaint against the petitioners, pursuant to which, FIR in Crime No.186/2023 was registered against the petitioners for the offences punishable under Sections 78, 79 and 80 of the KP Act which was a cognizable offence at that point in time in view of the amendment to the said provision vide Karnataka Act No.28 of 2021.

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Subsequently, vide judgment dated 14.02.2022 passed in W.P.No.18703/2021, a Bench of this Court struck

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5 - NC: 2025:KHC:4774 CRL.P No. 7746 of 2024

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down the aforesaid amendment vide Karnataka Act No.28 of 2021 as ultra vires to the Constitution of India. It is the grievance of the petitioners that in view of striking down of the amendments to the KP Act as stated supra , the said offences would be rendered non-cognizable and in the absence of necessary requisite and mandatory permission being obtained under Section 155(2) of Cr.P.C., the impugned proceedings in Crime No.186/2023 would be illegal and deserves to be quashed.

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Per Contra , learned High Court Government Pleader would submit that there is no merit in the petition and the same is liable to be dismissed.

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As rightly contended by learned counsel for the petitioners in the facts and circumstances in the instant case, necessary permission under Section 155(2) of Cr.P.C., to conduct investigation as required in relation to the offences punishable under Sections 78, 79 and 80 of the KP Act, which are non-cognizable offences has not been obtained by the respondents though they have made request in this regard and non-obtaining of necessary permission under Section 155(2) of

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¶53

NC: 2025:KHC:4774 CRL.P No. 7746 of 2024

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Cr.P.C, would render impugned proceedings illegal warranting interference by this Court in the present petition.

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In the result, I pass the following:

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ORDER

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i) The petition is hereby allowed . ii) Charge sheet filed against the petitioners in Crime No.186/2023 pursuant to C.C.No.235/2024 registered for the offence punishable under Sections 78, 79 and 80 of the KP Act by Sakaleshpura Rural Police Station on the file of the learned Civil Judge and JMFC, Court at Sakaleshpura are hereby quashed qua the petitioners.

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Sd/-

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(S.R.KRISHNA KUMAR)

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JUDGE

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GPG List No.: 1 Sl No.: 5 CT: BHK

Mahesh v. State by

Case brief

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Mahesh v. State by

Case brief

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