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.3501 OF 2022
BETWEEN
1. MR. ARCHIT NARAYAN
S/O MR. M N RAJAGOPAL
AGED ABOUT 37 YEARS
RESIDING AT:
80/1, 19TH CROSS,
6TH MAIN JUNCTION
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,
BANGALORE
KARNATAKA-560043.
... PETITIONERS
[BY SRI. SURESH T.S, ADV.]
AND
STATE OF KARNATAKA
THROUGH THE STATION HOUSE OFFICER
HIGH GROUNDS POLICE STATION
SHESHADRIPURAM SUB-DIVISION
2
MILLERS ROAD
VASANTH NAGAR
BENGALURU
KARNATAKA-560052.
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 A. QUASH THE IMPUGNED
FIR IN CR.NO.77/2020 DATED 28.12.2020 PENDING
BEFORE METROPOLITAN MAGISTRATE (TRAFFIC COURT I)
MAYO HALL BENGALURU, FILED BY THE
RESPONDENT/HIGH GROUNDS POLICE STATION U/S
78,79 OF KARNATAKA POLICE ACT, ATTACHED HEREWITH
AS ANNEXURE-B & B. DIRECT THE RESPONDENT/HIGH
GROUNDS POLICE STATION TO RETURN ANY AND ALL OF
THE PROPERTY OF THE PETITIONERS OR THE
PETITIONERS COMPANY WHICH WERE
SEIZE/CONFISCATED FROM THE OFFICE OF THE
PETITIONERS COMPANY.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION 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.77/2020 registered by the respondent - police,
which is pending in C.C.No.11639/2021 before the
M.M.T.C. - I Court, Mayo hall, Bengaluru, for the
offences punishable under Sections 78 and 79 of the
Karnataka Police Act, 1963 (for short 'the Act').
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 offences under Sections 78 and 79 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.77/2020 under Sections 78 and
79 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.77/2020 registered by the respondent -
police, which is pending in
C.C.No.11639/2021 before the M.M.T.C. - I
Court, Mayo hall, Bengaluru, stand
quashed.
I.A.No.1/2022 is disposed, as a consequence.
Sd/-
JUDGE
KG
