Karnataka High Court
Mr. Archit Narayan vs State Of Karnataka on 30 May, 2022
Bench: M.Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.3503 OF 2022
BETWEEN
1. MR. ARCHIT NARAYAN
S/O MR. M N RAJAGOPAL
AGED ABOUT 37 YEARS
RESIDING AT: 80/1
18TH CROSS, 6TH MAIN
MALLESHWARAM
BANGALORE
KARNATAKA-560055.
2. MR. ARVIND BALAKRISHNA
S/O MR. A BALAKRISHNA
AGED ABOUT 37 YEARS
RESIDING AT 2072
NEW NO.8, 5TH D MAIN
KALYAN NAGAR, HRBR LAYOUT
BANGALORE
KARNATAKA-560043.
... PETITIONERS
[BY SRI. SURESH T.S, ADV.]
AND
STATE OF KARNATAKA
THROUGH THE STATION HOUSE OFFICER
SANJAYNAGAR POLICE STATION
J. C. NAGAR SUB-DIVISION
SANJAY NAGAR MAIN ROAD
2
CIL LAYOUT A BLOCK
JUDICIAL COLONY
RAJ MAHAL VILAS 2ND STAGE
SANJAYNAGAR
BENGALURU
KARNATAKA-560094.
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
... RESPONDENT
[BY SRI.K.S.ABHIJITH, HCGP.]
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED FIR
IN CR.NO.170/2020 DATED 25.12.2020 FILED BY THE
RESPONDENT/SANJAYNAGAR POLICE STATION U/S 78 OF
THE KARNATAKA POLICE ACT, ATTACHED HEREWITH AS
ANNEXURE-B AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners who are the directors of a private
limited company, call in question proceedings in Crime
No.170/2020 registered by the respondent - police,
which is pending in C.C.No.4005/2021 before the
M.M.T.C. - III Court, Bengaluru, for the offence
punishable under Section 78 of the Karnataka Police
Act, 1963.
2. Heard the learned counsel
Sri.Suresh T.S., appearing for the petitioners and
Sri.K.S.Abhijith, the learned High Court Government
Pleader for the State.
3. The petitioners claim to be engaged in a
business of facilitating online games of skill through its
mobile and web applications and are carrying on such
business for the last five years. On 24.12.2020, based
on an information received alleging illegal activities
carried on by the petitioners like rummy and poker
being played in the premises of the petitioners -
company, a raid was conducted and a FIR was
registered for the offence under Section 78 of the Act.
4. Though several grounds have been urged in the
petition, the learned counsel representing the
petitioners would submit that a Division Bench of this
Court in its judgment rendered on 14.02.2022 in
W.P.No.18703/2021 and other connected matters,
wherein, the amendments made to the Act were called
in question, has held that online gaming is a game of
skill. Hence, the very business activity of the petitioners
and prosecuting them for the games of skill by terming
it to be gambling, is unsustainable.
5. Learned High Court Government Pleader would
though admit that the Division Bench holding that the
online game as a game of skill, submits that the matter
is still at the stage of investigation and therefore, the
Court should not interfere at this stage.
6. In the light of the judgment rendered by the
Division Bench in W.P.No.18703/2021 and other
connected matters disposed on 14.02.2022, the very
registration of crime No.170/2020 under Section 78 of
the Act, for the online business activities carried on by
the petitioners' Company, which is declared to be a
game of skill would warrant appropriate interference at
the hands of this Court.
7. For the aforesaid reasons, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The impugned proceedings in Crime
No.170/2020 registered by the respondent -
police, which is pending in
C.C.No.4005/2021 before the M.M.T.C. - III
Court, Bengaluru, stand quashed.
In view of the disposal of the main petition,
I.A.Nos.1/2022 and 2/2022 also stand disposed.
Sd/-
JUDGE
KG
