GURULINGA S/O MAHADEVAYYA GURUMATH vs THE STATE OF KARNATAKA

- 1 -
HC-KAR
NC: 2026:KHC-D:18031
CRL.P No. 100652 of 2026


CNR: KAHC020047732026






IN THE HIGH COURT OF KARNATAKA AT DHARWAD

TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO. 100652 OF 2026

(482(CR.PC)/528(BNSS)

BETWEEN:

1. GURULINGA S/O MAHADEVAYYA GURUMATH
AGE: 49 YEARS, OCC: DRIVER,
R/AT BASAVESHWAR NAGAR PLOTE,
TQ: KALAGHATAGI, DIST: DHARWAD-581204.

2. ISHWAR S/O. SUBBARAY DEVADIG
AGE: 33 YEARS, OCC: LABOURER,
R/AT SIRALI VILLAGE, PRESENT ADDRESS
KALAGHATAGI GRAM, GUDI, TQ: BHATKAL,
DIST: UTTARA KANNADA 581320.
… PETITIONERS
(BY SRI. HIRANKUMAR PATEL, ADVOCATE FOR
SRI. GOURISHANKAR MOT, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
KALAGHATAGI POLICE STATION, DHARWAD,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
AT DHARWAD-580011.
… RESPONDENT
(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

THIS CRIMINAL PETITION IS FILED U/SEC. 528 OF BNSS,
2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS TAKEN
AGAINST THE ACCUSED NO.1 AND 2/PETITIONERS IN KALAGHATAGI
POLICE STATION CRIME NO.135/2025 REGISTERED AS C.C.
NO.77/2026 CURRENTLY PENDING ON THE FILE OF SENIOR CIVIL
JUDGE AND JMFC, AT KALGHATAGI FOR THE OFFENCE PUNISHABLE
U/SEC. 78(3) OF K.P. ACT AND 112 OF BNS.










Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD

- 2 -
HC-KAR
NC: 2026:KHC-D:18031
CRL.P No. 100652 of 2026


CNR: KAHC020047732026



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

CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER

Heard Sri.Hirankumar Patel, learned counsel appearing for
Sri.Gouri Shankar Mot and Sri.Praveena Y.Devaeddiyavara,
learned High Court Government Pleader for respondent-State.

2. Petitioners/accused Nos.1 and 2 have filed this
petition under Section 528 of BNSS, 2023, seeking to quash the
entire proceedings initiated against them in Kalaghatagi Police
Station in connection with crime No.135/2025, which is
registered in C.C.No.77/2026, pending on the file of learned
Senior Civil Judge and JMFC, Kalaghatagi, registered for the
offence punishable under Section 78(3) of the Karnataka Police
Act, 2021 and Section 112 of BNS, 2023.

3. The brief facts of the case of prosecution are as
under:
On 13.06.2025, at 01:30 p.m. the defacto complainant
received a credible information that the petitioners are involved
in OC Mataka, accused No.1 was offering public in front of

- 3 -
HC-KAR
NC: 2026:KHC-D:18031
CRL.P No. 100652 of 2026


CNR: KAHC020047732026


Amrutha Tea Shop near Shetty Lunch Home, Hotel,
Kalaghatagi, saying that he would give Rs.80/- for Rs.1/- and
he was collecting money from the general public. Accordingly,
he was playing a game called OC and wrote OC slips.
Accordingly, the defacto complainant, his Substaff and Panchas
conducted raid and seized cash of Rs.460/-, Ballpen and Matka
chit under seizure panchanama and lodged the complaint. In
turn, the Investigating Officer investigated the matter and filed
charge sheet against the petitioners.

4. Taking exception to the same, the petitioners have
preferred this petition.


5. Learned counsel for the petitioner has contended
that the complaint is misconceived and the alleged offences
though non-cognizable in nature and the mandatory
requirements of Section 155 (1) and (2) of Cr.P.C are not
complied with. Further, there is no iota of evidence to show
that the above requirements are complied with in the present
case, and the Investigating Officer has also not obtained the
permission from the jurisdictional Magistrate before conducting

- 4 -
HC-KAR
NC: 2026:KHC-D:18031
CRL.P No. 100652 of 2026


CNR: KAHC020047732026


the raid. Therefore, the proceedings initiated against the
petitioners are liable to be quashed.

6. Learned High Court Government Pleader contended
that the alleged offences are cognizable in nature and the
Investigating Officer has conducted the investigation, in
accordance with law. Hence, there is no merit in the petition.
Hence, learned HCGP prays to dismiss the petition.

7. It is not in dispute that an offence punishable under
Section 78(3) of the Act is a non-cognizable offence. When the
report is received by the Station House Officer of the Police
Station in respect of commission of non-cognizable offence, the
Station House Officer has to follow the mandatory procedure
prescribed under Section 155(1) and 155(2) of Cr.P.C.

8. Section 155(1) and (2) of Cr.P.C. reads as under:
“ 155. Information as to non-cognisable
cases and investigation of such cases.
(1) When information is given to an officer-in-
charge of a police station of the commission
within the limits of such station of a non-
cognisable offence, he shall enter or cause to be
entered the substance of the information in a

- 5 -
HC-KAR
NC: 2026:KHC-D:18031
CRL.P No. 100652 of 2026


CNR: KAHC020047732026


book to be kept by such officer in such form as
the State Government may prescribe in this
behalf, and refer the informant to the
Magistrate.
(2) No police officer shall investigate a non-
cognisable case without the order of a Magistrate
having power to try such case or commit the
case for trial.”

9. Whereas in the instant case, the SHO included
Section 112 of BNS 2023, which reads as under:
“ 112. Letter of request to competent authority
for investigation in a country or place outside India .
(1) If, in the course of an investigation into an
offence, an application is made by the investigating officer
or any officer superior in rank to the investigating officer
that evidence may be available in a country or place
outside India, any Criminal Court may issue a letter of
request to a Court or an authority in that country or place
competent to deal with such request to examine orally any
person supposed to be acquainted with the facts and
circumstances of the case and to record his statement
made in the course of such examination and also to
require such person or any other person to produce any
document or thing which may be in his possession
pertaining to the case and to forward all the evidence so
taken or collected or the authenticated copies thereof or
the thing so collected to the Court issuing such letter.
(2) The letter of request shall be transmitted in
such manner as the Central Government may specify in
this behalf.
(3) Every statement recorded or document or
thing received under sub-section (1) shall be deemed to

- 6 -
HC-KAR
NC: 2026:KHC-D:18031
CRL.P No. 100652 of 2026


CNR: KAHC020047732026


be the evidence collected during the course of
investigation under this Sanhita.”


10. The perusal of the above provisions of law, it clearly
demonstrated that the alleged offence is non-cognizable in
nature. Admittedly, the Investigating Officer visited the spot,
conducted raid and seized cash, matka chit and ball pen under
seizure panchanama without registering the FIR, which is
contrary to the ratio laid down by this court in the case of
V AGGEPPA G URULINGA J ANGALIGI (J ANGALAGI ) VS . T HE S TATE OF
K ARNATAKA reported in ILR 2020 KAR 630 . Further, the
ingredient of Section 112 of BNS 2023 is not attracted. The
ingredients of Section 155(1) and (2) of Cr.P.C also not
complied with. In this case, the Investigating Officer has not
secured the permission from the jurisdictional Magistrate to
conduct the raid on the petitioners.

11. In view of the mandatory requirements stated in
Section 155(1) and (2) of Cr.P.C. and the ratio laid down in the
decision cited supra, the Station House Officer of the Police
Station has no authority unless the jurisdictional Magistrate
permits him for investigation of non-cognizable offence.

- 7 -
HC-KAR
NC: 2026:KHC-D:18031
CRL.P No. 100652 of 2026


CNR: KAHC020047732026



12. In light of the order passed by the Co-ordinate
Bench of this Court, the proceedings initiated against the
petitioners/accused Nos.1 and 2 cannot be sustained.
Accordingly, this court proceeds to pass the following:
ORDER

(i) The criminal petition is hereby allowed .

(ii) The entire proceedings initiated against the
petitioners/accused Nos.1 and 2 in Kalaghatagi
Police Station in connection with crime
No.135/2025, which is registered in
C.C.No.77/2026, pending on the file of learned
Senior Civil Judge and JMFC, Kalaghatagi,
registered for the offence punishable under
Section 78(3) of the Karnataka Police Act, 2021
and Section 112 of BNS, 2023, are hereby
quashed.

In view of the disposal of the main petition, pending I.A’s, if
any, stand disposed of.


Sd/-
(VENKATESH NAIK T)
JUDGE

MBS
CT:GSM
LIST NO.: 1 SL NO.: 27