IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21^ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 107479 OF 2024 (GM-RES)

BETWEEN:

1. MAHAMAD WASIM S/O BHASHA V., AGE: 28 YEARS, OCC: LABOURER, R/O: 20^TH WARD, MARUTHI NAGAR, TALUKA: KAMPLI, DIST: BALLARI.

2. SANTHOSHA S/O IRAPPA, AGE: 42 YEARS, OCC: LABOURER, R/O: 20^TH WARD, MARUTHI NAGAR, TALUKA: KAMPLI, DISTRICT: BALLARI.

3. SHRINIVASALU S/O VENKATESHALU, AGE: 51 YEARS, OCC: FARMER, R/O: NEAR KUNTERA MASIDI, COWL BAJAR, DISTRICT: BALLARI.

4. UMESHA MV S/O VEERA MALLAPPA, AGE: 56 YEARS, OCC: LABOURER, R/O: PATTAKANDAM STREET, NEAR MARRI SWAMY MATHA, Digitally signed by B KOLMI CITY, DISTRICT: BALLARI.

K MAHENDRAKUMAR B K Location: HIGH MAHENDRAKUMAR COURT OF 5. BASAVARAJA N.

KARNA TAKA DHARWAD BENCH S/O CHANDRASHEKHARA N., Date: 2025.01.23 11:47:04 +0530 AGE: 46 YEARS, OCC: LABOURER, R/O: 6^TH WARD, HAMPI ROAD, 1^ST CROSS, HOSPET TOWN, TALUKA: HOSPETE, DISTRICT: VIJAYANAGAR.

6. IMAAM VALI S/O ALLA BHAKSHA, AGE: 21 YEARS, OCC: LABOURER, R/O: 6^TH WARD, EMMIGANURU VILLAGE, TALUKA: KAMPLI, DISTRICT: BALLARI.

7. SANNA MANJU S/O GADILINGAPPA, AGE: 21 YEARS, OCC: LABOURER, R/O: SRI RAMPURA COLONY, BALLARI CITY, DISTRICT: BALLARI. 8. SANNA IRANNA S/O TAYAPPA, AGE: 42 YEARS, OCC: LABOURER, R/O: NEAR 17^TH WARD, BUS STAND, TALUKA: KAMPLI, DISTRICT: BALLARI.

9. MAHAMAD GOUSE S/O BHASHA V., AGE: 35 YEARS, OCC: LABOURER, R/O: 20^TH WARD, MARUTHI NAGAR, TALUKA: KAMPLI, DISTRICT: BALLARI.

… PETITIONERS (BY SRI. SRINIVAS B. NAIK, ADVOCATE)

AND:

THE STATE OF KARNATAKA, REP. BY SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH KAMPLI POLICE STATION, DISTRICT: BALLARI-580 011.

… RESPONDENT (BY SRI. ASHOK T. KATTIMANI, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 16/10/2024, VIDE ANNEXURE-D, AND ENTIRE CHARGE SHEET IN CC NO.665/2024 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT, HOSAPETE (CRIME NO.72/2024 OF KAMPLI POLICE STATION) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 79, 80 OF KARNATAKA POLICE ACT, VIDE ANNEXURE-C IN SO FAR AS PETITIONERS ARE CONCERNED IN THE ENDS OF JUSTICE AND EQUITY.

THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

1. The learned Additional Government Advocate (AGA)

accepts notice on behalf of the respondent.

2. The petitioners are being prosecuted for offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963. The allegation is that, upon receiving credible information regarding gambling activities, the complainant secured panchas and, along with the raiding staff, rushed to the spot. It was discovered that the accused were collecting money from the public for playing matka. During the search and seizure, a sum of ₹5,427/-

was recovered from accused No.1.

3. Heard the learned counsel for the petitioners and the learned AGA for the respondent/State.

4. The offences under Sections 79 and 80 of the Karnataka Police Act, 1963, are non-cognizable offences. As per Section 155(2) of the Code of Criminal Procedure (Cr.P.C.), before conducting a raid in relation to non-cognizable offences, the complainant is required to obtain prior permission from the jurisdictional Magistrate.

5. A co-ordinate Bench of this Court, in the case of Vaggeppa Gurulingappa Jangaligi (Jangalagi) vs. The State of Karnataka, through PSI, Kagwad Police Station, Belagavi, laid down the following guidelines concerning the investigation of non-

cognizable offences:

20. Therefore, under Rule I, the Magistrate shall endorse on the report whether the same has been received by post or muddam. Under Rule 2, Magistrate has to specify in his order the rank and designation of the police officer or the police officer by whom the investigation shall be conducted. Considering the mandatory requirement of Section 155(1) and (2)