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2022 Supreme(Kar) 43

H.B.PRABHAKARA SASTRY
Rakeshkumar S/o Satpal Girdhar – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mahantesh Mathad, Mrutyunjay Tata Bangi.
For the Respondent: Ramesh B. Chigari.

ORDER :

1. The present petitioners, who are arraigned as accused Nos. 1 to 3 in respondent No. 1-Police Station in Crime No. 100/2021 for the offence punishable under Sections 78(1)(a)(vi) and 80 of the Karnataka Police Act, 1963 (hereinafter for brevity referred to as ‘KP Act’) have sought for quashing of the said criminal proceedings against them.

2. The summary of the case of the prosecution is that, based on a credible information that accused/petitioners herein were involved in cricket betting and gambling, the respondent No. 2, joined by the panchas and duly supported by the permission of his superior authorities and the permission granted by the Court for search and seizure, has proceeded on 10.11.2021, at 9.45 p.m. to a house near Danammadevi temple of Kunchanur road in Jamakhandi town. Parking their official jeep at a distance, the raiding team observed that, three persons sitting in a house said to be of Sri. Kallappa Singadi, were viewing their cell phones (mobile phones) and one among them, was collecting money from the public and noting down something in the note book. Suspecting the cricket betting, the raiding team surrounded them, however, the people who were paying m

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