Sri. Muttappa S/O Mallappa ... vs The State Of Karnataka
2022 Latest Caselaw 10637 Kant

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                                                CRL.P No. 101778 of 2022


                  IN THE HIGH COURT OF KARNATAKA, DHARWAD
                                        BENCH

                     DATED THIS THE 11TH DAY OF JULY, 2022

                                       BEFORE
                    THE HON'BLE MR JUSTICE V.SRISHANANDA
                  CRIMINAL PETITION NO. 101778 OF 2022 (482-)
             BETWEEN:

             1.    SRI. MUTTAPPA S/O MALLAPPA ULLAGADDI
                   AGE.46 YEARS, OCC.WELDING WORK,
                   R/O.YELBURGA, TQ.YELBURGA,
                   DIST.KOPPAL-583236

             2.    SRI.DADAPEER S/O BASHESAB HARAKUNI
                   AGE.37 YEARS, OCC.DRIVER,
                   R/O.YELBURGA, TQ.YELBURGA,
                   DIST.KOPPAL-583236

             3.    SRI.MUTTANNA S/O YAMANAPPA AGASAR
                   AGE.39 YEARS, OCC.DRIVER,
                   R/O.SANGANAHAL, TQ.YELBURGA,
                   DIST.KOPPAL-583236

             4.    SRI.SHIVAKUMAR S/O BHEEMANNA KAMMAR
                   AGE.44 YEARS,
                   OCC.DRIVER,
Digitally
                   R/O.YELBURGA, TQ.YELBURGA,
signed by          DIST.KOPPAL-583236
ANNAPURNA
CHINNAPPA
DANDAGAL     5.    SRI.PRAKASH S/O VEERAPPA KOLLI
Location:          AGE.31 YEARS,
HIGH COURT
OF                 OCC.DRIVER,
KARNATAKA
DHARWAD            R/O.YELBURGA, TQ.YELBURGA,
                   DIST.KOPPAL-583236

                                                           ...PETITIONERS

             (BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE)
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                                     CRL.P No. 101778 of 2022


AND:

1.   THE STATE OF KARNATAKA
     REP BY ITS SPP HIGH COURT OF
     KARNATAKA, BENCH, DHARWAD-580 001
     THROUGH YELBURGA PS

                                                ...RESPONDENT

(BY SRI. PRAVEEN UPPAR, HCGP)

       THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.3/2022
PENDING BEFORE CIVIL JUDGE AND JMFC YELBURGA (ARISING OUT
OF CRIME NO.113/2021 REGISTERED BY YELBURGA P.S) FOR AN
OFFENCE PUNISHABLE U/S 87 OF KARNATAKA POLICE ACT 1963 BY
ALLOWING THE CRIMINAL PETITION.

       THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:



                          ORDER

Learned High Court Government Pleader is directed

to take notice for the respondent-State.

2. Heard learned counsel appearing for the

petitioners and learned High Court Government Pleader for

the respondent-State.

3. This petition is filed under Section 482 of the

Code of Criminal Procedure with the following prayer :-

CRL.P No. 101778 of 2022

"To quash the entire proceedings in CC No.3/2022 pending before Civil Judge and JMFC Yelburga (arising out of Crime No.113/2021 registered by Yelburga P.S) for an offence punishable U/s 87 of Karnataka Police Act 1963 by allowing the criminal petition."

4. Brief facts of the case are as under :-

The respondent Police on receipt of the credible

information, that on 04.11.2021 at about 9.15 p.m., along

with other police constable staff and two panchas

conducted raid on Doddabasaveshwar welding shop,

Yelburga, and found that petitioners and others were

playing cards called Andar Bahar. Based on the said raid,

registered Crime No.113/2021 against the petitioners and

others for the offence punishable under Section 87 of

Karnataka Police Act. After the case came to be registered,

police investigating the matter against the accused

persons. The same is challenged by the petitioners before

this Court.

5. Learned counsel for the petitioners Sri

B.C.Jnanayya Swami, vehemently contended that playing

CRL.P No. 101778 of 2022

of Andar Bahar is consistently held by this Court as a

game of skill and therefore, no offence as is enunciated

under Section 87 of the KP Act has taken place per se.

6. In this regard, he relies on the judgment of this

Court in the case of Eranna and others Vs. State of

Karnataka reported in 1977(1) KAR.L.J.274. He further

submits that right from the decision of Eranna supra, till

today, number of complaints which were filed under

Section 87 of the KP Act, where the people are said to

have been indulged in playing cards in the name and style

of 'Andar Bahar' have been quashed by this Court

consistently.

7. Learned High Court Government Pleader for the

respondent-State, however submitted that each case have

to be viewed separately and police after having filed the

charge sheet collected prima facie material which would

attract the materials and thus, sought for dismissal of the

petition and therefore, the prayer of the present

petitioners cannot be granted.

CRL.P No. 101778 of 2022

8. Having heard both sides and on perusal of the

records, it is seen that, even if the raid as is alleged to

have been taken place and offence as is enunciated under

Section 87 of the KP Act, stands proved; in view of the

pronouncements in the case of Eranna, supra which is

consistently followed by this Court, the group which has

indulged in playing cards would only be termed as game of

skill. Therefore, no essential ingredients to attract offence

under Section 87 of the KP Act is taken place.

Accordingly, continuation of proceedings in Crime

No.113/2021 would only be a futile exercise and hence,

the same needs to be quashed. Hence, following order is

passed:

ORDER

The petition filed under Section 482 of Cr.P.C. is

allowed.

Entire proceedings in C.C.No.3/2022 on the file of

Civil Judge and Judicial Magistrate First Class, Yelburga

(Crime No.113/2021) for the offence punishable under

CRL.P No. 101778 of 2022

Section 87 of Karnataka Police Act against the petitioners

is hereby quashed.

SD/-

JUDGE

SH