Mahesh vs State by

Type Court Judgment Court Karnataka Decided Feb 03, 2025

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Citation: sooperkanoon.com/1737381
Court: Karnataka High Court
Judge: S.R.Krishna Kumar
Decided On: Feb 03, 2025
Case Number: CRL.P/7746/2024

Parties & Advocates

Appellant / Petitioner

Mahesh

Respondent

State by

Excerpt

.....ultra vires to the constitution of india. it is the grievance of the petitioners that in view of striking down of the amendments to the kp act as stated supra, the said offences would be rendered non-cognizable and in the absence of necessary requisite and mandatory permission being obtained under section 155(2) of cr.p.c., the impugned proceedings in crime no.186/2023 would be illegal and deserves to be quashed.6. per contra, learned high court government pleader would submit that there is no merit in the petition and the same is liable to be dismissed.7. as rightly contended by learned counsel for thepetitioners in the facts and circumstances in the instant case, necessary permission under section 155(2) of cr.p.c., to conduct investigation as required in relation to the offences punishable under sections 78, 79 and 80 of the kp act, which are non-cognizable offences has not been obtained by the respondents though they have made request in this regard and non-obtaining of necessary permission under section 155(2) of -6- cr.p.c, would render impugned proceedings illegal warranting interference by this court in the present petition.8. in the result, i pass the following:orderi) the petition is hereby allowed. ii) charge sheet filed against the petitioners in crime no.186/2023 pursuant to c.c.no.235/2024 registered for the offence punishable under sections 78, 79 and 80 of the kp act by sakaleshpura rural police station on the file of the learned civil judge and jmfc, court at sakaleshpura are hereby quashed qua the petitioners.sd/- (s.r.krishna kumar) judge gpg list no.: 1 sl no.: 5 ct: bhk

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7746 OF 2024 BETWEEN:
1. MAHESH S/O MALLESHGOWDA AGE ABOUT 57 YEARS RESIDENT OF HEDDURGA VILLAGE PALYA HOBLI, ALUR TALUK
2. MOHANKUMAR H R S/O RUDRACHAR AGED ABOUT 60 YEARS RESIDENT OF CHAMPAKANAGAR SAKLESHPURA TQ HASSAN DIST - 573 201.
3. VEERENDRA S/O KALAPPA
Digitally            AGED ABOUT 44 YEARS
signed by            RESIDENT OF KOWRI VILLAGE
KAVYA R              BIKKODU HOBLI, BELUR TLAUK
Location: High Court 4. GOWRISH of Karnataka S/O JAYARAM AGED ABOUT 45 YEARS LAKSHMIPURA, SAKLESHPURA TOWN
5. KRISHNA V S/O VASU K AGED ABOUT 48 YEARS RESIDENT OF ALDURU VILLAGE, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT. -2-
6. KANTARAJU H M S/O MALLESHGOWDA AGED ABOUT 55 YEARS RESIDENT OF HEDDURGA VILALGE MADABALU POST, ALUR TALUK
7. MAHESHA M N S/O LATE NAGESH AGED ABOUT 53 YEARS RESIDENT OF BELAGODU VILLAGE SAKLESHPURA TALUK
8. VISHWANATH H S S/O LATE SHIVAPPA AGED ABOUT 53 YEARS RESIDENT OF HEDDURGA VILLAGE ALUR TALUK, HASSAN DISTRICT - 573 201.
9. PUTTASWAMY S/O NANJAPPA AGED ABOUT 66 YEARS RESIDENT OF BALLUPETE VILLAGE SAKLESHPURA TALUK,
10. CHANDRASHEKAR M S S/O SOMEGOWDA M R AGED ABOUT 56 YEARS RESIDENT OF CHIKKANAYAKANAHALLI BELAGODU HOBLI, SAKLESHPURA TQ …PETITIONERS
(BY SMT. SANDHYA D., ADVOCATE) AND: STATE BY SAKALESHPURA RURAL POLICE STATION, REPRESENTED BY -3- STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED AGAINST PETITIONERS IN CR.NO.186/2023 BY THE SAKLESHPURA RURAL POLICE, FOR THE OFFENCE P/U/S 78, 79, 80 OF THE KARNATAKA POLICE (AMENDMENT) ACT, 2021, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT AT SAKLESHPURA, HASSAN DISTRICT IN CC.NO.235/2024 (ANNEXURE-B). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioners seeks the following reliefs:- "i. Quash the charge sheet filed against petitioners in Cr.No.186/2023 by the Sakleshpura Rural Police, for the offence punishable U/S 78, 79, 80 of the Karnataka Police (Amendment) Act, 2021, pending on the file of Civil Judge and J.M.F.C. Court at Sakleshpura, Hassan District in C.C.No.235/2024 (ANNEXURE-B). ii. Quash the proceedings in C.C.No.235/2024, pending on the file of the Civil Judge and JMFC, Sakleshpura (ANNEXURE-C) iii. Pass any other appropriate order or direction as deems fit under the circumstances of the case, in the interest of justice and equity."

2. In this petition, petitioners seeks quashing of

charge sheet filed against the petitioners in Crime No.186/2023 -4- pursuant to C.C.No.235/2024 registered for the offence punishable under Sections 78, 79 and 80 of Karnataka Police (Amendment) Act, 2021 [for short, 'the KP Act'] by Sakaleshpura Rural Police Station, on the file of the learned Civil Judge and JMFC Court at Sakaleshpura, Hassan District.

3. Heard the learned counsel for the petitioners and the learned Addl.SPP for respondent and perused the material on record.

4. In addition to reiterating the various contentions

urged in the petition and referring to the material on record, learned counsel for the petitioners has invited my attention to the material on record in order to point out that on 27.08.2023, respondent registered a complaint against the petitioners, pursuant to which, FIR in Crime No.186/2023 was registered against the petitioners for the offences punishable under Sections 78, 79 and 80 of the KP Act which was a cognizable offence at that point in time in view of the amendment to the said provision vide Karnataka Act No.28 of 2021.

5. Subsequently, vide judgment dated 14.02.2022

passed in W.P.No.18703/2021, a Bench of this Court struck -5- down the aforesaid amendment vide Karnataka Act No.28 of 2021 as ultra vires to the Constitution of India. It is the grievance of the petitioners that in view of striking down of the amendments to the KP Act as stated supra, the said offences would be rendered non-cognizable and in the absence of necessary requisite and mandatory permission being obtained under Section 155(2) of Cr.P.C., the impugned proceedings in Crime No.186/2023 would be illegal and deserves to be quashed.

6. Per Contra, learned High Court Government Pleader would submit that there is no merit in the petition and the same is liable to be dismissed.

7. As rightly contended by learned counsel for the

petitioners in the facts and circumstances in the instant case, necessary permission under Section 155(2) of Cr.P.C., to conduct investigation as required in relation to the offences punishable under Sections 78, 79 and 80 of the KP Act, which are non-cognizable offences has not been obtained by the respondents though they have made request in this regard and non-obtaining of necessary permission under Section 155(2) of -6- Cr.P.C, would render impugned proceedings illegal warranting interference by this Court in the present petition.

8. In the result, I pass the following:

ORDER

i) The petition is hereby allowed. ii) Charge sheet filed against the petitioners in Crime No.186/2023 pursuant to C.C.No.235/2024 registered for the offence punishable under Sections 78, 79 and 80 of the KP Act by Sakaleshpura Rural Police Station on the file of the learned Civil Judge and JMFC, Court at Sakaleshpura are hereby quashed qua the petitioners.

Sd/- (S.R.KRISHNA KUMAR) JUDGE GPG List No.: 1 Sl No.: 5 CT: BHK

Same Court & Year Karnataka · 2025 Same Parties Mahesh vs State by Same Judge S.R.Krishna Kumar