GOPAL NAYAK vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11675
CRL.P No. 201391 of 2026
CNR: KAHC030109822026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.201391 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
GOPAL NAYAK S/O BHIMAPPA DODDAMANI,
AGE:69 YEARS, OCC:RETIRED EMPLOYEE,
R/O. PLOT NO.2, BANK COLONY,
KARUNESHWAR NAGAR,
KALABURAGI CITY.
…PETITIONER
(BY SRI SANDEEP SHIVARAJ, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH STATION BAZAR POLICE STATION,
KALABURAGI CITY,
NOW REPRESENTED BY THE ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 103.
…RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528
OF BNSS 2023, PRAYING TO ALLOW THIS PETITION AND
QUASH THE ORDER OF TAKING COGNIZANCE DATED
17.12.2025 PASSED BY THE PRL. CIVIL JUDGE AND JMFC
KALABURAGI, IN C.C. NO.14885/2025 (ARISING OUT OF CRIME
NO.118/2025 OF STATION BAZAR POLICE STATION)
KALABURAGI CITY, FOR THE OFFENCES PUNISHABLE
U/SECS.79 AND 80 OF KARNATAKA POLICE ACT, 1963,
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NC: 2026:KHC-K:11675
CRL.P No. 201391 of 2026
CNR: KAHC030109822026
INSOFAR AS THE PETITIONER/ ACCUSED NO.8 (AS PER
CHARGE SHEET) IS CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard the learned counsel for the petitioner/
accused No.8 and the learned High Court Government
Pleader (for short ‘HCGP’) for the respondent/ State on
the petition. Perused the relevant materials on record.
2. This petition is filed by the petitioner/
accused No.8 under Section 528 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘ BNSS ’), praying for
an order to quash the proceedings of the case in CC
No.14885/2025 pending before the learned Principal
Civil Judge and JMFC at Kalaburagi (for short ‘the
learned Magistrate’) arising out of Crime No.118/2025
of the respondent Police for the offences punishable
under Sections 79 and 80 of Karnataka Police Act, 2021
(for short ‘KP Act’) against the petitioner.
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CRL.P No. 201391 of 2026
CNR: KAHC030109822026
3. The learned HCGP has orally objected to the
petition submitting that initially the case was registered
against the petitioner and other accused persons for the
offences punishable under Sections 79 and 80 of KP Act
along with Section 112 of the BNS, which is admittedly
cognizable offence. A ft er completion of the investigation,
the charge sheet is filed for the offences punishable
under Sections 79 and 80 of KP Act. Therefore, the
question of respondent Police taking permission from
the learned Magistrate as provided under Section 174 of
BNSS would not arise. The petitioner has not made out
any ground to quash the proceedings as sought for and
hence, the learned HCGP has sought for dismissal of the
petition.
4. The case alleged against the petitioner and
other accused persons is that on 09.07.2025 at about
5.00 p.m., the respondent Police received credible
information that some persons were playing andar-
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CRL.P No. 201391 of 2026
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bahar in Room No.201 of M.K. Lodge in Devanagar,
in
Kalaburagi. Hence, the compla ant along with panchas
and his staff raided the spot and saw some persons
playing andar-bahar game and they caught hold of the
petitioner and other accused persons and seized 52
playing cards and the total amount of Rs.1,24,890/-
used for the game by conducting seizure in the presence
of panchas. On the basis of complaint of the ACP of
CCB Police, Kalaburagi, the case was registered against
the petitioner and others for the offences punishable
under Section 112 of BNS and Sections 79 and 80 of KP
Act. After completion of the investigation, the
respondent Police have filed the charge sheet against
the petitioner and other accused persons for the
offences punishable under Sections 79 and 80 of KP
Act. The petitioner is the accused No.8 in the case.
5. It is not in dispute that the offences
punishable under Section 79 and 80 of KP Act are the
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non-cognizable offences and hence, the respondent
Police should have taken prior permission of the learned
Magistrate under Section 174 of BNSS to register the
case. It is true, as submitted by the learned HCGP,
Section 112 of BNS is cognizable offence and hence, no
question would arise of taking permission to register the
case by the respondent Police under Section 174 of
BNSS at the time of registration of the case. However,
while filing the charge sheet/ final report, the offences
alleged against the petitioner and other accused persons
are punishable only under Sections 79 and 80 of KP
Act.
6. As mentioned hereinabove, it is not in dispute
that those offences punishable under Sections 79 and
80 of KP Act are non-cognizable offences. Therefore,
without prior permission of the learned Magistrate
under Section 174 of BNSS, the learned Magistrate
should not have taken cognizance of the offences
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against the petitioner and other accused persons for the
alleged offences and also should not have registered the
case against the accused persons including the
petitioner.
7. In support of the contentions of petitioner, the
learned counsel for the petitioner has drawn the
attention of this Court to the orders dated 20.11.2023
and 23.01.2023 of the Coordinate Bench of this Court
in Crl.P. No.201619/2023 and Crl.P. No.6350/2022,
respectively, wherein in the similar cases for the
offences punishable under Sections 79 and 80 of KP
Act, the criminal proceedings of the case are quashed by
this Court.
8. Per contra , the submission of the learned
HCGP is that if the above said case was registered only
for the offences punishable under Sections 79 and 80 of
KP Act, the concerned Police should have obtained
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permission of the learned Magistrate under Section
155(2) of Cr.P.C., earlier to registration of the case. But
in the case on hand, it is undisputed fact that one of the
offences for which the case was registered against the
petitioners is punishable under Section 112 of BNS,
which is undisputedly a cognizable offence. Therefore,
the submission of the learned HCGP is that the
principle of law laid down in the above referred orders of
Co-ordinate Bench of this Court is not applicable to the
case on hand.
9. However, as submitted by the learned counsel
for the petitioner, the charge sheet filed by the
respondent Police against the petitioner along with other
accused persons is only for the offences punishable
under Sections 79 and 80 of KP Act, which are non-
cognizable offences. Without prior permission of the
learned Magistrate as required under Section 174 of
BNSS, the Investigating Officer should not have
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registered the case for the alleged offences against the
petitioner. Therefore, the above referred orders are
squarely applicable to the case on hand.
10. Without prior permission of the learned
Magistrate under Section 174 of BNSS to register the
case and to file the final report, the learned Magistrate
should not have been taken cognizance of those offences
and registered the case against the petitioner and other
accused persons. When the respondent Police have
committed error in not taking prior permission of the
learned Magistrate for registration of the case against
the petitioner, the case does not merit consideration on
the fact of the case and also in law. Therefore, the
proceedings of the case against the petitioner is abuse of
process of law and it is liable to be quashed under
Section 528 of BNSS as sought for in the petition.
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11. Moreover, as pointed out by the learned
counsel for the petitioner, this Court has already
quashed the proceedings of the case against the
accused No.6, 9 and 10 as per the order dated
07.09.2026 in Crl.P. No.201080/2026. Consequently,
the petitioner has made out sufficient ground to quash
the proceedings of the case against him as sought for in
the petition and hence, the petition deserves to be
allowed.
12. In the result, I proceed to pass the following:
ORDER
allowed
i) The petition is hereby .
ii) Consequently, the criminal
proceedings in CC No.14885/2025
pending on the file of the learned
Principal Civil Judge and JMFC,
Kalaburagi, arising out of Crime
No.118/2025 of the respondent
Police for the offences punishable
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under Sections 79 and 80 of KP Act
is hereby quashed insofar as the
petitioner/ accused No.8 is
concerned.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
List No.: 1 Sl No.: 51