Karnataka High Court
Mr Vinu Prasad vs State Of Karnataka on 3 August, 2023
Bench: Hemant Chandangoudar
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NC: 2023:KHC:27275
CRL.P No. 2649 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 2649 OF 2022
BETWEEN:
MR VINU PRASAD
S/O K NARAYANAN
AGED ABOUT 35 YEARS,
R/AT NO.538, 3RD MAIN, 12TH CROSS
HOYSALA NAGAR, RAMAMURTHY NAGAR
BENGALURU -560 016.
...PETITIONER
(BY SMT. SHRIDEVI BHOSALE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH CCB POLICE
BHARATHI NAGARA P.S
BENGALURU -560 002
REP. BY STATE PUBLIC PROSECUTOR
Digitally signed by B
K
HIGH COURT OF KARNATAKA
MAHENDRAKUMAR
Location: High Court BENGALURU-560 001.
of Karnataka
2. SRI K PRAKASH
POLICE INSPECTOR
CCB SPECIAL ENQUIRY
N T PETE, BENGALURU-560 002.
...RESPONDENTS
(BY SMT. RASHMI JADHAV, HCGP FOR R-1;
R-2 SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE
ORDER DATED 11.02.2020 IN CR.NO.124/2019 NOW REGISTERED
AS C.C.NO.2937/2020 PASSED BY THE 1ST A.C.M.M., BENGALURU
THEREBY TAKING COGNIZANCE OF THE OFFENCES P/U/S 120B, 420
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NC: 2023:KHC:27275
CRL.P No. 2649 of 2022
R/W 34 OF IPC AGAINST THE PETITIONER WHO IS ACCUSED NO.1
VIDE ANNEUXRE-A AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Petitioner-accused No.1 who is sought to be prosecuted
for the offence punishable under Sections 420 r/w 120(B) and
34 of IPC is before this Court.
2. The case of the prosecution is that, during the
Karnataka Premier League (KPL) 2018, the petitioner-accused
No.1 was bowling coach of Bengaluru Blasters team. Prior to
commencement of 2018 KPL season, this petitioner and other
accused hatched criminal conspiracy and planned to request
other players to play fraudulently during the matches.
3. It is also conspired that this petitioner was lured
and made to conspire for match fixing and it is alleged that the
other accused and petitioner illegally earned money by match
fixing.
4. Issue involved in this petition stands covered by the
judgment rendered by the Co-ordinate Bench of this Court in
Crl.P.No.2926/2020 and connected cases, wherein, it is
observed at para 10 which reads thus:
"10. However, the other common point urged by all
the counsel is worth acceptance. According to the
prosecution match fixing amounts to cheating and
therefore the offence under Section 420 of IPC has been
invoked in the charge sheet. For invoking offence under
Section 420 of IPC, the essential ingredients to be
present are deception, dishonest inducement of a
person to deliver any property or to alter or destroy the
NC: 2023:KHC:27275
CRL.P No. 2649 of 2022
whole or any part of a valuable security. It was argued
by Sri Dhyan Chinnappa that the cricket lovers go to
watch the match by buying tickets and thereby they are
induced to part with their property, i.e., their money.
Of course money is a property, but his argument that
they are induced to buy tickets cannot be accepted.
They may have a feeling that they are going to witness
a fair game being played, but, they buy the tickets
voluntarily. So, question of inducement to buy ticket
can be ruled out."
5. Hence, in the absence of the essential elements so
as to constitute the commission of offence punishable under
Sections 420 r/w 120(B) and 34 of IPC, the continuation of the
Criminal Proceedings will be an abuse of process of law.
6. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned proceedings in C.C.No.2937/2020.
on the file of the I Additional Chief Metropolitan Magistrate,
Bengaluru, insofar as it relates to petitioner-accused No.1 is
hereby quashed.
Sd/-
JUDGE
HR
