Full Judgment Text
- 1 -
NC: 2026:KHC:20036
CRL.P No. 4111 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4111 OF 2026
BETWEEN:
1. SRI. CHAPATLA SHIVA SHANKAR REDDY
S/O LATE CHAPATLA VENKATA REDDY
AGED ABOUT 60 YEARS
5/1, YARRAIAH GARI PALLI
KAMMAVARIPALLE, ANANTAPUR,
ANDHRA PRADESH-515231
2. SRI.KADIYALA SUDHAKARA NAIDU
S/O K KULLAYAPPA
3-209B, GOVIDA PETA PUTTAPARTHY,
ANANTHAPUR ANDHRA PRADESH-515134
3.
SRI.KALAVA VENKATA RAMANA REDDY
C/O RAMI REDDY KALAVA
5-39, KOREVANDLA PALLI
GORANTLA, JAKKASAMUDRAM
SRI SATHYA SAI
ANDHRA PRADESH-515231
4.
SRI.KALASAMUDRAM CHALAPATHI
S/O K VENKATARAMANA
AGED ABOUT 66 YEARS
H. NO. 20418, OLD STATE BANK STREET
BEHIND CTC THEATRE, GORANTLA,
ANANTHAPURAM,
ANDHRA PRADESH 515231
Digitally
signed by
SANJEEVINI J
KARISHETTY
Location: High
Court of
Karnataka
- 2 -
NC: 2026:KHC:20036
CRL.P No. 4111 of 2026
HC-KAR
5. SRI.CHINTA RAJASEKHAR REDDY
S/O CHINTA LAKSHMI REDDY
AGED ABOUT 65 YEARS
1-20, KARAAVULA PALLI,
MANDALAPALLA, ANANTAPUR
ANDHRA PRADESH-515231
6. SRI.DASIREDDY CHANDRASHEKHAR REDDY
S/O D GANGIREDDY
AGED ABOUT 41 YEARS
5-170,5-WARD, MAIN ROAD,
GORANTLA, ANANTAPUR
ANDHRA PRADESH-515231
…PETITIONERS
(BY SRI. IMTIZA AHMED KHAN., ADVOCATE)
AND:
STATE BY KARNATAKA
PAVAGADA RURAL POLICE
PAVAGADA-561202
REPTD. BY STATE PUBLIC PROSECUTOR
KARNATAKA HIGH COURT BUILDING
BANGALORE-560001
…RESPONDENT
(BY SRI. CHANNAPPAAA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH
THE ENTIRE PROCEEDINGS IN C.C.NO.42/2020 ON THE FILE
OF THE PRL.CIVIL JUDGE AND (J.M.F.C) PAVAGADA, TUMAKUR
- 3 -
NC: 2026:KHC:20036
CRL.P No. 4111 of 2026
HC-KAR
RURAL DISTRICT PENDING DISPOSAL OF THE SAME FOR
KARNATAKA POLICE AMENDED ACT 2021 UNDER SEC.80.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard the learned counsel Sri. Imtiza Ahmed Khan,
appearing for the petitioners, Sri. Channappa Erappa, learned
HCGP appearing for the respondent and have perused the
material on record.
2. The petitioners are before this Court, seeking the
following prayer:
"1. QUASH the Entire Proceedings in CC No.42/2020 on
the file of the Principal Civil Judge & (JMFC),
Pavagada, Tumkur Rural District, pending disposal
of the same for Karnataka Police Amended Act
2021, Under Section 80, in the interest of Justice
and Equity.
2. Pass such other Order(s) as this Hon'ble Court may
deem fit, in the facts and circumstances of the
case."
- 4 -
NC: 2026:KHC:20036
CRL.P No. 4111 of 2026
HC-KAR
3. Learned counsel appearing for the petitioners would
submit that the issue in the lis stands covered by the judgment
rendered by the Co-ordinate Bench of this Court in
Crl.P.No.15668/2025 disposed on 18.12.2025, wherein it has
held as follows:
"Petitioners are seeking to quash the entire
proceedings in C.C.No.4508/2023 pending before the
learned Principal Civil Judge and JMFC, Doddaballpura.
2. FIR is registered against accused Nos.1 to 13 in
Crime No.196/2023 of Doddaballpura Rural Police Station
for the offence punishable under Section 80 of the
Karnataka Police (Amendment Act), 2021. On completion
of investigation, charge sheet was filed.
3. It is the contention of the learned counsel that the
offence alleged being non-cognizable in nature, the police
have conducted investigation without proper authorization
by the learned Magistrate. Attention of the Court is drawn
to the order passed in Criminal Petition No.12262/2025
preferred by accused No.4, wherein, this court taking into
consideration the judgment passed in ' Vaggeppa
Gurulinga Jangaligi Vs. The State of Karnataka (Criminal
Petition No.101997/2019 disposed of on 10.12.2019),
quashed the proceedings in respect of the said accused.
4. In the case on hand, it is alleged that the
accused were playing 'Andar-Bahar' in room No.104 of
one Makli Durga Resort belonging to accused No.13 on
28.06.2023 at 3.00 p.m. It is relevant to refer to
paragraph No.4 of the order passed in Criminal Petition
No.12262/2025, which is extracted hereunder:
"Admittedly, the offence alleged is a non-
cognizable offence. Material on record reveals that
after the raid was conducted and mahazar was
drawn, the learned Magistrate was intimated, which
is after registration of the case against the accused
persons. There is no material to show that before
conducting the investigation there was any
- 5 -
NC: 2026:KHC:20036
CRL.P No. 4111 of 2026
HC-KAR
permission obtained by the learned Magistrate, as
required under Section 155(1) and (2) of Cr.P.C.
(Section 174 of BNSS, 2023), which is contrary to
the law laid down by this Court in 'Vaggeppa
Gurulinga Jangaligi Vs. The State of Karnataka'
(Crl.P.No.101997/2019 disposed of on
10.12.2019)."
5. The petitioners are similarly placed as
accused No.4, whose petition was allowed by this Court
and the proceeding are quashed. Hence, the petitioners
are entitled to similar relief in this petition.
6. Learned counsel for the petitioners submits that a
sum of Rs.1,26,000/- was seized by the police under PF
No.123/2023 and the said amount belongs to petitioner
No.9/accused No.10 - T.Manjunath and prays to release
the said amount in his favour. I.A. No.1/2025 is filed to
release the amount along with the affidavit of petitioner
No.9
7. Accordingly, the following:
ORDER
Petition is allowed .
The entire proceedings against the petitioners in
C.C.No.4508/2023 pending on the file of the Court of
Principal Civil Judge and JMFC, Doddaballapura, Bengaluru
Rural District, are quashed.
The learned Magistrate is directed to release the amount
seized in this case under P.F.No.123/2023."
In the light of the order passed by the Co-ordinate Bench
of this Court (supra) and for the reasons aforementioned, the
following:
- 6 -
NC: 2026:KHC:20036
CRL.P No. 4111 of 2026
HC-KAR
ORDER
(i) The Criminal Petition is allowed.
(ii) The proceedings in C.C.No.42/2020 pending before
the Principal Civil Judge & (JMFC), Pavagada,
Tumkur Rural District, stand quashed, qua these
petitioners.
Sd/-
(M.NAGAPRASANNA)
JUDGE
SJK
List No.: 1 Sl No.: 23