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2026 Supreme(Online)(Kar) 9853

THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA, J
MANU M C – Appellant
Versus
STATE BY RAMANAGARA CENTRAL POLICE – Respondent
CRL.P 16731/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 16731 OF 2025 BETWEEN:

1. MANU M C S/O LATE CHANNEGOWDA AGED ABOUT 39 YEARS, R/AT MALURPATTANA VILLAGE, MALURU HOBLI, CHANNAPATANA TALUK RAMANAGARA-562159

2. KRISHNAMURTHY @ KITTI S/O LATE SOMACHAR AGED ABOUT 52 YEARS R/AT NO.301/302, 2ND CROSS, RAGAVENDRA ROAD, AGRAHARA, Digitally signed by SANJEEVINI J 7TH WARD, RAMANAGARA TOWN, KARISHETTY RAMANAGARA -562 159 Location: Hi gh Court of Karnataka

3. NAGARJUNA V S/O VENKATARAMANA SWAMY AGED ABOUT 31 YEARS, R/AT NO.152 NEAR ESHWARA TEMPLE M.G.ROAD, CHANNAPATANA TOWN RAMANAGARA -562159

4. VIJAYA C.M. @ SUKRUTH S/O C.M. MANJUNATH AGED ABOUT 35 YEARS, R/AT PARVATHI TEMPLE ROAD, CHIKKAMALURU, WARD NO.1 CHANNAPATANA TOWN RAMANAGARA -562159

5. SIDDEGOWDA S/O SHIVALINGAIAH AGED ABOUT 54 YEARS, R/AT KOODLU ROAD, CHIKKAMALURU, WARD NO.1 CHANNAPATANA TOWN RAMANAGARA -562159 …PETITIONERS (BY SRI. SRINIVAS V.,ADVOCATE)

AND:

1. STATE BY RAMANAGARA CENTRAL POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001 2. B.T. GOVIND P.I S/O. NOT KNOWN TO THE PETITIONER AGED ABOUT 39 YEARS R/AT HODKEHOSAHALLI VILLAGE KASABA HOBLI, CHANNAPATNA TALUK RAMANAGARA - 562 159 …RESPONDENTS (BY SRI. SOWMYA R., HCGP FOR R1)

THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS)

CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH ALL FURTHER PROCEEDINGS IN C.C.NO.34/2025 REGISTERED FOR THE OFFENCE P/US/ 78(1)(a)(vi) OF KARNATAKA POLICE ACT, ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM RAMANAGARA AS AGAINST THESE PETITIONER.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners are before this Court, seeking the following prayers:

"a) Call for records in CC No 34/2025 on the file Principal Senior Civil Judge and CJM Ramanagar, b) Quash all further proceedings in CC No 34/2025 registered for the offence punishable under section 78(1)(a)(vi) of Karnataka Police Act, on the file Principal Senior Civil Judge and CJM Ramanagara as against these petitioners, in the interest of justice and equity and, c) Grant any other remedy deems fit in the facts and circumstance of the case."

2. Heard Sri. Srinivas V., learned counsel appearing for the petitioners, Smt. Sowmya R., learned High Court Government Pleader appearing for respondent No.1 and have perused the material on record.

3. The learned counsel appearing for the petitioners submits that the issue in the lis stands answered by the judgment rendered by the Co-ordinate Bench of this Court in Crl.P.No.3849/2021 disposed on 16.06.2021. The Co-ordinate Bench of this Court on identical circumstances of the offence of the cricket betting in the aforesaid judgment has held as follows:

1. Heard the learned Counsel for the petitioner and the learned HCGP for the respondent-State.

2. Brief facts of the case leading to filing of this petition are, a complaint was lodged by one Ayub Jan who is the Head Constable of Thilak Park Police Station, Tumakuru, on 26.04.2021, alleging that he had credible information that persons named in the complaint were involved in IPL Cricket betting and they were collecting money from the public and cheating. Based on this complaint, FIR in Crime No.35/2021 was registered against six persons. Petitioner is arrayed as accused no.2 in the said FIR. Being aggrieved by the registration of the said FIR, he has approached this Court in this petition.

3. Learned Counsel for the petitioner submits that the police in order to avoid seeking permission under Section 155(2) of Cr.PC in respect of the offence punishable under Section 78 of the Karnataka Police Act (for short, 'K.P.Act'), have deliberately invoked Section 420 IPC. He submits that there is no complaint from anybody with regard to the alleged cheating. In the absence of any such complaint, Sec

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