IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 425 OF 2026 BETWEEN:

1. CHANDRASHEKARA AGED ABOUT 52 YEARS, S/O SUDHAKARA SHETTY, R/A BIJRI, GULWADI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT - 576 283.

2. ABHIJITH AGED ABOUT 33 YEARS, S/O NAGARAJAMOGAVEERA, R/A MARANAKATTE, CHITTUR POST AND VILLAGE, KUNDAPURA TALUK, Digitally signed UDUPI DISTRICT - 576 213.

by SANJEEVINI J KARISHETTY

3. SATHISH POOJARI Location: High Court of AGED ABOUT 34 YEARS, Karnataka S/O SHEENA POOJARI, R/A ARESHIROOR, GOLIHOLE POST AND VILLAGE, BAINDURU TALUK, UDUPI DISTRICT - 576 214.

4. GANAPATHI VEERAPPANAIK AGED ABOUT 34 YEARS, S/O EERAPPANAIK, R/A VENKATAPURA, H-NO.18 MULUMANE, KUKANEERA, HEBALE VILLAGE, BATKALA, UTTARA KANNDA DISTRICT - 581 320.

5. ESHWARA HONNAPPA NAIK AGED ABOUT 53 YEARS, S/O HONNAPPA NAIK, R/O MAVALI, SONAKERI INFRONT OF TEMPLE, MURUDESHWARA BATKALA UTTARA KANNADA, UTTARA KANNDA DISTRICT - 581 320.

6. SUBBANNA AGED ABOUT 57 YEARS, S/O RAMANNA SHETTY, R/A ALOORU KALI, ALOOR VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT - 576 219.

7. BHASKARA BAIRAPPA NAIK, AGED ABOUT 38 YEARS, S/O BAIRAPPA NAIK, R/A KODLUKANMANE, PADUSHIRALI BENGRE-2, BHATKAL SHIRALI VILLAGE, UTTARA KANNADA DISTRICT - 581 320.

8. MANJUNATH RATHNAKARA SHET AGED ABOUT 58 YEARS, S/O RATHNAKARA NAGESH SHET, R/A RAMACHANDRA TEMPLE KERI HALADIPURA MAIN ROAD, HONNAVARA, UTTARA KANNADA DISTRICT - 581 334.

9. SURESH VEERAPPA NAIK AGED ABOUT 42 YEARS, S/O VEERAPPA NAIK, R/A KENBRE 32, BEHIND CHITRPURA MATTA, CHITRPURA POST, SHIRALI VILLAGE, BHATKAL TALUK, UTTARA KANNDA DISTRICT - 581 354.

10. VIJAYA AGED ABOUT 45 YEARS, S/O SUBBANNA SHETTY, R/A H NO.3-106, MAHASATHI NILAYA NAKATTE, BAINDURU TALUK, UDUPI DISTRICT - 576 214.

11. NITHESH AGED ABOUT 26 YEARS, S/O BALEENDRA POOJARI, R/A HERIKUDRU, ANAGALLI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT - 576 211.

…PETITIONERS (BY SRI. K. PRASANNA SHETTY, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY KUNDAPURA RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

2. BHIMASHANKAR SINNUR POLICE OFFICER, AGED ABOUT 32 YEARS, PSI (L AND O) KUNDAPURA POLICE STATION KAVARADI VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT - 576 201.

…RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL. SPP FOR R1)

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET DATED 05.19.2025 IN C.C. NO.2348/2025, AS WELL AS THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST PETITIONERS IN CRIMINAL CASE NO.2348/2025, PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, KUNDAPURA, UDUPI DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 79 AND 80 OF KARNATAKA POLICE ACT, 1963 AND SECTION 112, OF BNS, 2023 VIDE DOCUMENT NO.1 AND 2.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard Sri. Prasanna Shetty, learned counsel appearing for the petitioners and Sri. B.N. Jagadeesh, learned Additional Special Public Prosecutor appearing for respondent No.1.

2. The petitioners are accused Nos.1 to 11, is before this Court calling in question proceedings in C.C.No.2348/2025 for the offence punishable under Sections 79 and 80 of the Karnataka Police (Amendment) Act, 2021.

3. The learned counsel appearing for the petitioners submit that the offences under Sections 79 and 80 are non-cognizable and for a non-cognizable offence, prior to the registration of a crime, nod of the Magistrate was imperative.

4. The learned Additional Special Public Prosecutor on verification of the records would admit that no permission was even sought at the hands of the learned Magistrate, prior to registration of a crime.

5. The issue in the lis stands answered by the judgment of Co-ordinate Bench in the case of Vaggeppa Gurulinga Jangaligi. (Jangaligi) vs. The State of Karnataka reported in ILR 2020 KAR 630

6. The Co-ordinate Bench of this Court in the aforesaid