1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF SEPTEMBER, 2016 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION NO.6708 OF 2016 Between: 1. Devaraju, S/o Thimmegowda, Aged about 40 years, Kadaballi Village, Bindiganaville Hobli, Nagamangala Taluk, Mandya District – 571 401. 2. Dinesh, S/o Lakshmana Gowda, Aged about 29 years, Kadaballi Village, Bindiganaville Hobli, Nagamangala Taluk, Mandya District – 571 401. 3. Keshavamurthy. K.R., S/o Rajegowda, Aged about 35 years, Kadaballi Village, Bindiganaville Hobli, Nagamangala Taluk, Mandya District – 571 401. 2 4. Vikram, S/o Chandregowda, Aged about 31 years, Cholenahalli Village, Kasaba Hobli, Channarayapatna Taluk, Hassan District – 573 201. 5. Chandregowda, S/o Thimmegowda, Aged about 50 years, Thuppadalli Village, Hirisave Hobli, Channarayapatna Taluk, Hassan District – 573 201. 6. Rangaswamy, S/o Doddegowda, Aged about 55 years, Kanuvanagatte Village, Hirisave Hobli, Channarayapatna Taluk, Hassan District – 573 201. 7. Chikkegowda, S/o Nanjegowda, Aged about 42 years, Bindiganavile Village, Nagamangala Hobli, Mandya District – 571 401. 8. Vasu, S/o Paramesha, Aged about 40 years, Hirisave Village and Hobli, Channarayapatna Taluk, Hassan District – 573 201. 3 9. Kumar. K., S/o Kannappa, Aged about 36 years, Honnadevihalli Village, Bindiganavile Hobli, Nagamangala Taluk, Mandya District – 571 401. 10. Shivaramu, S/o Narasimhegowda, Aged about 51 years, Alisandra Village, Bindiganavile Hobli, Nagamangala Taluk, Mandya District – 571 401. 11. Manjappa, S/o Moodalagiri, Aged about 33 years, Matighatta Village, Hirisave Hobli, Channarayapatna Taluk, Hassan District – 573 201. 12. Honnegowda. H.K., S/o Kempegowda, Aged about 60 years, Honnadevihalli Village, Bindiganavile Hobli, Nagamangala Taluk, Mandya District – 571 401. 13. Ramu, S/o Borashetty, Aged about 55 years, Hirisave Village and Hobli, Channarayapatna Taluk, 4 Hassan District – 573 201. 14. Bharath Kumar, S/o Jayakumar Char, Aged about 31 years, 2nd Cross, Hosur Main Road, Kodichikkanahalli, Bangalore – 560 054. 15. Chandra, S/o Gopal Gowda, Aged about 35 years, Varahasandra Village, Bellur Cross, Nagamangala Taluk, Mandya District – 573 201. 16. Venkatesh, S/o Thimmegowda, Aged about 45 years, Varahasandra Village, Bellur Cross, Nagamangala Taluk, Mandya District – 573 201. 17. Suresh, S/o Appajigowda, Aged about 50 years, Bindiganavile Hobli, Nagamangala Taluk, Mandya District – 571 401. 18. Manjunatha. H.C., S/o Chowdaiah, Aged about 53 years, Hirisave Village and Hobli, 5 Channarayapatna Taluk, Hassan District – 573 201. 19. Raghu, S/o Vishakantegowda, Aged about 46 years, Beligehalli Village, Hirisave Hobli, Channarayapatna Taluk, Hassan District – 573 201. 20. Ananda, S/o Shivegowda, Aged about 26 years, Beligehalli Village, Hirisave Hobli, Channarayapatna Taluk, Hassan District – 573 201. 21. Boregowda K.C., S/o Chikkegowda, Aged about 35 years, Kirisave Village, Hirisave Hobli, Channarayapatna Taluk, Hassan District – 573 201. 22. Jayanna, S/o Siddananjappa, Aged about 42 years, Matighatta Village, Hirisave Hobli, Channarayapatna Taluk, Hassan District – 573 201. 23. Kumar. H.K., 6 S/o Krishnegowda, Aged about 30 years, Honnadevihalli Village, Bindiganavile Hobli, Nagamangala Taluk, Mandya District – 571 401. 24. Dasharam. R, S/o Rangegowda, Aged about 54 years, Kadaballi Village, Bindiganavile Hobli, Nagamangala Taluk, Mandya District - 571401. 25. Ganesh, S/o Ramu, Aged about 35 years, Kirisave Village, Hirisave Hobli, Channarayapatna Taluk, Hassan District – 573 201. 26. Rajashekara, S/o Ningaiah, Aged about 38 years, Alisandra Village, Bindiganavile Hobli, Nagamangala Taluk, Mandya District – 571 401. 27. Babu, S/o Ramegowda, Aged about 45 years, Hirisave Hobli, Channarayapatna Taluk, Hassan District – 573 201. 7 28. Prakash. K.N., S/o Nanjegowda, Aged about 35 years, Koochahalli Village, Bindiganavile Hobli, Nagamangala Taluk, Mandya District – 571 401. 29. Ashok @ Bombay Ashok, S/o Hongegowda, Aged about 50 years, Kirisave Village, Hirisave Hobli, Channarayapatna Taluk, Hassan District – 573 201. 30. Krishna, S/o Govindegowda, Aged about 40 years, H. Kyatanahalli Village, Bindiganavile Hobli, Nagamangala Taluk, Mandya District – 571 401. 31. Vishwanatha, S/o Basavaraju, Aged about 29 years, Baalaganchi Village, Hirisave Hobli, Channarayapatna Taluk, Hassan District – 573 201. 32. Anjanappa, S/o Dasappa, Aged about 57 years, Near Petrol Bunk, Bellur Cross, 8 Nagamangala Taluk, Mandya District – 571 401. …Petitioners (By Shri. Girish B. Baladare, Advocate) And: State by The Sub Inspector, Bindiganavile Police Station, Mandya District. Represented by Public Prosecutor High Court Building, Bangalore – 560 001. …Respondent (By Shri. K.R. Keshav Murthy, SPP - II) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the charge sheet filed against petitioners in C.C. No.400/2015 (Cr.No.155/2014) by the Bindiganavile Police, Mandya District, for the offence P/U/S 79 and 80 of the Karnataka Police Act, 1963 pending on the file of Sr. C.J. and J.M.F.C., Nagamangala. This Petition coming on for admission this day, the Court made the following:- O R D E R Heard the learned counsel for the petitioner and the learned State Public Prosecutor who is directed to take notice. 9 The petitioners claim to be respectable persons of Mandya and Hassan District and that they all had converged in a club known as Kaveri Ranganathaswamy Associations and Recreation Club, Kadaballi Village on National Highway No.75 and it transpires that when they were involved in their lawful activity of playing indoor games that there was a raid conducted by the Bindiganavile police, Mandya District on allegation of the petitioners indulging in playing a card game known as ‘Andar Bahar’ which is a game of chance had taken steps to seize personal affects including cash on the person of each of the petitioner as also other valuables such as their cell phones and thereafter have lodged first information report for offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963. It is in this background that the present petition is filed. It is pointed out that the offences alleged are non cognizable offence and in the absence of any permission 10 granted by the jurisdictional magistrate to conduct any such raid or to take action against the petitioners, the raid would not have been conducted and the FIR being lodged post photo is clearly illegal and would vitiate the entire proceedings and the charge sheet also having been followed is clearly illegal. The learned State Public Prosecutor would not dispute this legal position as has been laid down by this Court in the case of K N Suresh vs State of Karnataka and another reported in 2012 (1) KCCR 203 the present petition is summarily allowed. The proceedings pending in case No.C.C. No.400/2015 on the file of the Senior Civil Judge and JMFC, Nagamangala stands quashed. The respective amount seized from each of the petitioners shall be returned to them. Sd/- JUDGE ykl .