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2022 Supreme(Online)(Kar) 48178
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JANUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION No.200111/2022
BETWEEN
1.
ARUNKUMAR S/O SHANKARRAO PATIL
AGE. 48 YEARS, OCC. BUSINESS,
R/O. LAXMI LAYOUT, INFRONT OF FIRE
OFFICE, KALABURAGI-585101.
2.
KASHINATH S/O SHIVALINGAPPA PATTANSHETTY
AGE. 30 YEARS, OCC. AGRICULTURE,
R/O. KODLA HANGARGA, DIST. KALABURAGI.
3.
BASAVARAJ S/O HANAMANTHRAYA POLICE PATIL
AGE. 41 YEARS, OCC. ADVOCATE,
R/O. AMBIKA NAGAR, TARAFILE,
KALABURAGI, DIST. KALABURAGI-585101.
4.
K. SIDDANNA S/O K MAHADEVAPPA
AGE. 44 YEARS, OCC. ADVOCATE,
R/O. NEAR COURT, KHC COLONY,
KALABURAGI, DIST. KALABURAGI-585101.
5.
FAYAZ S/O RIYAZUDDIN
AGE. 52 YEARS, OCC. ADVOCATE,
R/O. MAHIBOOB NAGAR COLONY,
KALABURAGI, DIST. KALABURAGI-585101.
6.
SANTOSHKUMAR S/O MALLIKARJUN
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AGE. 43 YEARS, OCC. ADVOCATE,
R/O. BRAHMPUR, KALABURAGI,
DIST. KALABURAGI-585101.
7.
KALYANI S/O TEJIRAYA
AGE. 50 YEARS, OCC. ADVOCATE,
R/O. BRAHMPUR, KALABURAGI,
DIST. KALABURAGI-585101.
8.
ANILKUMAR S/O SHANKAR
AGE. 45 YEARS, OCC. ADVOCATE,
R/O. NEAR COURT, KHC COLONY,
KALABURAGI, DIST. KALABURAGI-585101.
9.
MALLIKARJUN S/O SHIVALINGAPPA SAVALAGI
AGE. 41 YEARS, OCC. AGRICULTURE,
R/O. KODLA HANGARAGI, TQ. ALAND,
DIST. KALABURAGI-585101.
10. ANAVEERAYYA S/O GANGADHAR SWAMY
AGE. 27 YEARS, OCC. DRIVER,
R/O. KODLA HANGARAGA, TQ. ALAND,
DIST. KALABURAGI-585101.
11. ISMAIL SAB S/O MAHAMMAD HANIF MULAGE
AGE. 42 YEARS, OCC. AGRICULTURE,
R/O. BHIMALLI VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
12. SAINATH S/O KARABASAPPA NARONI
AGE. 50 YEARS, OCC. AGRICULTURE,
R/O. KANDAGANCHI, TQ. ALAND,
NOW RESIDING AT ALAND COLONY,
KALABURAGI, DIST. KALABURAGI-585101.
13. SHARANAPPA S/O SHANKAREPPA
AGE. 49 YEARS, OCC. AGRICULTURE,
R/O. SANTOSH COLONY, KALABURAGI,
DIST. KALABURAGI-585101.
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14. BHAGANNA S/O MAHADEVAPPA HUGAR
AGE. 29 YEARS, OCC. HOTEL WORK,
R/O. HITTAL SIRUR, TQ. ALAND,
DIST. KALABURAGI-585101.
15. SHANTAYYA S/O KALLAYYA HIREMATH
AGE 30 YEARS, OCC.HOTEL WORK,
R/O HANNUR, TQ.JEWARGI,
NOW RESIDING AT J.R.NAGAR
KALABURAGI, DIST.KALABURAGI-585101.
16. IRANNA S/O MAHADEVAPPA
AGE 29 YEARS, OCC.HOTEL WORK,
R/O ASTAGA, NOW RESIDING AT G.R.NAGAR
KALABURAGI, DIST.KALABURAGI-585101.
17. DATTAPPA S/O SHANKAR HONGONDA,
AGE 56 YEARS, OCC.PRIVATE WORK,
R/O NIMBARGA, TQ.ALAND,
NOW RESIDING AT GREEN
PARK, KALABURAGI
DIST.KALABURAGI-585101.
18. SHIVAPUTRA S/O MALLAPPA PUJARI
AGE 31 YEARS, OCC.WORKING IN HOTEL,
R/O MALKHED, TQ.SEDAM,
NOW RESIDING AT TAJ
AGAR, KALABURAGI,
IST.KALABURAGI-585101.
19. ARUNKUMAR S/O SHIVASHARANAPPA PATIL
AGE 47 YEARS, OCC.AGRICULTURE,
R/O BANK COLONY, NEAR STADIUM,
KALABURAGI, DIST.KALABURAGI-585101.
20. BASAVARAJ S/O REVANASIDDAPPA KUMBAR
AGE 33 YEARS, OCC.WORKING IN HOTEL,
R/O JAWALI (D), TQ.ALAND,
NOW RESIDING AT G.R.
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NAGAR KALABURAGI,
DIST.KALABURAGI-585101.
21. MALLIKARJUN S/O VITTAPPA GIRANI
AGE 44 YEARS, OCC.PRIVATE WORK,
R/O KADAMBGERA, TQ.SHAHAPUR,
DIST.YADGIR, NOW RESIDING
AT GANDHI, NAGAR TANDA,
YADGIR, DIST.YADGIR-585101.
22. UMESH S/O SHARANABASAPPA CHILSHETTY
AGE 36 YEARS, OCC.PRIVATE WORK,
R/O KURIKOTA, TQ.ALAND,
DIST.KALABURAGI-585101.
...PETITIONERS
(BY SRI AVINASH A. UPLOANKAR, ADVOCATE)
AND
THE STATE THROUGH KALABURAGI
RURAL POLICE STATION,
DIST. KALABURAGI,
NOW REPRESENTED BY
ADDL. SPP, HIGH COURT OF KARNATAKA,
AT KALABURAGI BENCH-585107.
…RESPONDENT
(BY SRI GURURAJ V. HASILKAR, HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING
TO QUASH THE FIR IN CRIME NO.213/2021, FOR THE
OFFENCE PUNISHABLE U/S. 79 AND 80 OF KARNATAKA
POLICE (AMENDMENT) ACT 2021, PENDING BEFORE THE V
ADDL. CIVIL (J.D) AND JMFC KALABURAGI, AGAINST THE
PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
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This petition is filed under Section 482 of Cr.P.C.
with the following prayer:
"This Court may be pleased to, exercise
inherent powers u/Sec. 482 Cr.P.C, examine
the records and quash the fir in Crime
No.213/2021, for the offence punishable u/Ss.
79 and 80 of Karnataka Police (Amendment)
Act 2021, pending before the V Addl. Civil (J.D)
and JMFC Kalaburagi, against the petitioners in
the interest of justice and equity."
A report came to be filed by Sri Basu Chavan,
Police Inspector, Sub - Urban Police Station, on the file of
Kalaburagi Rural Police, which is registered in Crime
No.213/2021 on 22.11.2021. The basis for filing the
report is raid conducted by the said Police Inspector. In
the panchanama, it is contended that on 22.11.2021 at
about 6.30 p.m., the complainant received the credible
information that some people are playing Andar - Bahar in
Zurich Club, Keribosaga limits on Aland road. Based on
that, he secured the Mahazar witnesses and all of them
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proceeded to the spot in Government Jeep and Motorcycle
and immediately, they visited the said place and in Room
No.104, ten persons were plying cards and in fact they
were indulged in gambling. Immediately, the raid party
were able to apprehend 22 persons and one of them
escaped and ultimately police recovered a sum of
Rs.2,11,000/- and also cards.
Based on the said complaint, the police
registered a case for the offences punishable under
Sections 79 and 80 of the Karnataka Police (Amendment)
Act. The police are investigating the matter. In the mean
time,
the
present
petition
is
filed
by
the
accused/petitioners with the above mentioned prayer.
The
learned
counsel
for
the
petitioners
Sri Avinash A. Uploankar contended that the offences
alleged against the petitioners are non cognizable offences
and therefore, the very registration of the case by the
police
without
the
permission
of
the
jurisdictional
Magistrate itself is incorrect and hit by the principles of law
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laid down by the coordinate Bench of this Court in the case
of
Vaggeppa
Gurulinga
Jangaligi
Vs.
State
of
Karnataka reported in ILR 2020 KAR 630. He also
pointed
out
that
even
assuming
that
the
entire
panchanama averment and the report filed by the police is
to be accepted as true, then also since playing of cards is a
game of skill and no illegality is involved in such a play and
the consistent view of this Court in the case of Eraiah and
others vs. State of Karnataka reported in 1977 (1)
KAR. L.J 274 would be applicable to the case on hand and
sought for quashing of the further proceedings.
Per contra, the learned High Court Government
opposes the arguments putforth on behalf of the
petitioners and sought for dismissal of the petition.
From the material available on record, it is
seen that the very contents of the panchanama itself show
that the petitioners were playing cards which is called as
"Daivaleele". In the sense, it was a game of chance or a
game of skill. Therefore, the very act complained of would
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be non cognizable in nature and the report filed by the
Police Inspector, Kalaburagi being not referred to the
Magistrate before registering the case as is contemplated
under Section 155 of Cr.P.C., following the dictum of the
coordinate Bench of this Court in Vaggeppa’s case
referred to supra and following the principles of law
enunciated in Eraiah’s case (Supra), the petitioners have
made out a case for quashing the further proceedings.
Hence, pass the following:
ORDER
The petition is allowed.
The further proceedings in Crime No.213/2021 dated
22.11.2021 pending on the file of V Additional Civil Judge
(Jr.Dn.) and JMFC, Kalaburagi is hereby quashed.
Sd/-
JUDGE
Srt
