Mandya Sports Club vs State Of Karnataka
2023 Latest Caselaw 4372 Kant

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                                                  NC: 2023:KHC:24243
                                                   CRL.P No. 3409 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 13TH DAY OF JULY, 2023

                                         BEFORE
                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                           CRIMINAL PETITION NO. 3409 OF 2023


                BETWEEN:

                1.

MANDYA SPORTS CLUB, M C ROAD, V V NAGARA, MANDYA CITY, MANDYA - 571 401, REPRESENTED BY ITS HONOURABLE SECRETARY, SRI. ANIL KUMAR, S/O LATE SIDDAIAH, AGED ABOUT: 62 YEARS,

2. NITYANANDA, S/O LATE LINGEGOWDA, AGED ABOUT: 50 YEARS, R/O 2ND CROSS, KEMPEGOWDA BADAVANE, MANDYA CITY, MANDYA - 571 401. Digitally signed by PADMAVATHI BK 3. CHIKKASIDDAIAH B. P, Location: HIGH S/O GAVIPUTTEGOWDA, COURT OF AGED ABOUT: 70 YEARS, KARNATAKA R/O HALEBUDANURU VILLAGE, MANDYA TALUK, MANDYA - 571 401.

4. RAVIKUMAR K, S/O RAMAKRISHNA, AGED ABOUT: 42 YEARS, R/O AMBARAHALLI VILLAGE, C A KERE HOBLI, MADDUR TALUK, MANDYA - 571 401.

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5. KIRTHIRAJ, S/O NAGARAJU, AGED ABOUT: 34 YEARS, R/O CHINNAGIRIDODDI VILLAGE, MANDYA TALUK, MANDYA - 571 401.

6. TRILOKA S, S/O SHIVARAMAIAH, AGED ABOUT: 52 YEARS, R/O INDUVALU VILLAGE, KOTHATHI HOBLI, MANDYA TALUK MANDYA - 571 401.

7. MUGANNA, S/O KARIGOWDA, AGED ABOUT: 43 YEARS, R/O CHINAKURALI, PANDAVAPURA TALUK, MANDYA - 571 401.

8. UMESH K. N, S/O KULLANAGEGOWDA, AGED ABOUT: 53 YEARS, R/O INDAVALU VILLAGE, KOTHATHI HOBLI, MANDYA - 571 401.

9. SRINIVASH, S/O NARAYANASHETTY, AGED ABOUT: 46 YEARS, R/O INDAVALU VILLAGE, KOTHATHI HOBLI, MANDYA - 571 401.

10. LINGEGOWDA S/O LINGEGOWDA M. L/ACHARI,

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AGED ABOUT: 52 YEARS, R/O MODACHAKANAHALLI VILLAGE, MANDYA TALUK, MANDYA - 571 401.

11. LINGANNA K. H, S/O HALLIGOWDA, AGED ABOUT: 47 YEARS, R/O KIRAGANDUR VILLAGE, MANDYA TALUK, MANDYA - 571 401.

12. SAMPATH KUMAR B. K, S/O KUNDURAIAH, AGED ABOUT: 39 YEARS, R/O K T-144, 4TH CROSS, MARIGOWDA BADAVANE, MANDYA CITY, MANDYA - 571 401.

13. MANJUNATH, S/O LINGAIAH, AGED ABOUT: 50 YEARS, R/O 4TH CROSS, MARIGOWDA BADAVANE, MANDYA CITY, MANDYA - 571 401.

14. KRISHNA C, S/O CHANNAIAH, AGED ABOUT: 53 YEARS, R/O OLD M C ROAD, SHANKARAMATA, MANDYA CITY, MANDYA - 571 401.

15. LOHITH M. N, S/O NARASHIMAMURTHI, AGED ABOUT: 33 YEARS, D.NO. 619, 14TH CROSS, CHAMUNDESHWARINAGARA, MANDYA CITY, MANDYA - 571 401.

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16. MALLESH, S/O BORAIAH/ ACHARI, AGED ABOUT: 41 YEARS, R/O SCHOOL BEHIND KALLAHALLI, MANDYA CITY, MANDYA - 571 401.

17. ASHWATH H. P, S/O PUTTASWAMY GOWDA, AGED ABOUT: 50 YEARS, R/O HOLALU VILLAGE, DUDDA HOBALLI, HOLALU, MANDYA - 571 401.

18. SHIVAKUMAR, S/O JAVARAPPA, AGED ABOUT: 43 YEARS, R/O MAHADEVAPURA VILLAGE, ARAKERE HOBLI, S R PATNA TALUK, MANDYA DISTRICT, MANDYA - 571 401.

19. GANESH H. C, S/O CHIKKALINGEGOWDA, AGED ABOUT: 48 YEARS, R/O HOLALU VILLAGE, DUDDA HOBLI, MANDYA DISTRICT, MANDYA - 571 401.

20. HANUMESHA, S/O MADEVU, AGED ABOUT: 40 YEARS, R/O HANGARAHALLI VILLAGE, ARAKERE HOBLI , S R PATNA TALUK, MANDYA DISTRICT, MANDYA - 571 401.

21. RAJU, S/O CHIKKANNA, AGED ABOUT: 36 YEARS,

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R/O HANGARAHALLI VILLAGE, ARAKERE HOBLI, S R PATNA TALUK MANDYA DISTRICT, MANDYA - 571 401.

22. KRISHNA J C, S/O CHIKKAHAIDEGOWDA, AGED ABOUT: 53 YEARS, R/O GOPALAPURA VILLAGE, MANDYA TALUK AND DISTRICT, MANDYA - 571 401.

23. UMESH C.B, S/O LATE BOREGOWDA, AGED ABOUT: 48 YEARS, R/O CHIKKAMANDYA VILLAGE, MANDYA TALUK AND DISTRICT MANDYA - 571 401.

24. DHANJAYA K, S/O KULLEGOWDA, AGED ABOUT: 42 YEARS, R/O KALENAHALLI VILLAGE, MANDYA TALUK AND DISTRICT, MANDYA - 571 401.

25. CHANNEGOWDA, S/O KALEGOWDA K. C, AGED ABOUT: 48 YEARS R/O KODIHALLI VILLAGE, MANDYA TALUK AND DISTRICT, MANDYA - 571 401.

26. HEMANTH KUMAR M. V, S/O VENKATAIAH B, AGED ABOUT: 42 YEARS, R/O K T 511, 8TH CROSS,

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KUVEMPUNAGARA, MANDYA - 571 401.

27. UDAY S, S/O SWAMY, AGED ABOUT: 37 YEARS, R/O B. HOSURU, MANDYA TALUK AND DISTRICT, MANDYA - 571 401.

28. RAGHAVENDRA C. N, S/O LATE NANJEGOWDA, AGED ABOUT: 46 YEARS, R/O CHINAKURALI, PANDAVAPURA TALUK, MANDYA - 571 401.

29. SHASHIDARA, S/O CHANNEGOWDA, AGED ABOUT: 68 YEARS, R/O DOOR NO 318, 21ST CROSS, V. V. NAGARA , MANDYA CITY, MANDYA - 571 401.

30. VIJAY KUMAR H. S, S/O SHIVARAMA, AGED ABOUT: 38 YEARS, R/O HANGARAHALLI VILLAGE, ARAKERE HOBLI, S R. PATNATALUK, MANDYA DISTRICT, MANDYA - 571 401.

31. KEMPARAJU, S/O CHIKKEEREGOWDA, AGED ABOUT: 38 YEARS, R/O DOOR NO. 1026, CHIKKAMANDYA VILLAGE, MANDYA TALUK, MANDYA - 571 401.

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32. MANOHAR H. P, S/O PUTTASWAMY, AGED ABOUT: 35 YEARS, R/O HULLENAHALLI VILLAGE, MANDYA TALUK AND DISTRICT, MANDYA - 571 401.

33. REVANNA, S/O CHIKKALINGAIAH, AGED ABOUT: 46 YEARS, R/O MODACHAKANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA - 571 401.

34. MANJUNATH, S/O KARIGUDDAIAH, AGED ABOUT: 33 YEARS, R/O GUMMANAHUNDI VILLAGE, KIRAGAVALU, MALAVALLI TALUK, MANDYA - 571 401.

35. UMESHA KUMAR, S/O LATE KADAIAH P. S, AGED ABOUT: 44 YEARS, R/O NEAR DHARMASHREE SAMUDAYA BHAVAN, V V NAGAR, KALLAHALLI, MANDYA - 571 401.

36. AJAY, S/O CHIKKADEVEGOWDA, AGED ABOUT: 34 YEARS, R/O CHANDAGIRI DODDI VILLAGE, MANDYA TALUK AND MANDYA - 571 401.

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37. RAJITA H R, S/O RAVI, AGED ABOUT: 30 YEARS, R/O CHINNAGIRIDODDI VILLAGE, MANDYA TALUK, MANDYA - 571 401.

38. SEVHAG, S/O ANKAIAH, AGED ABOUT: 51 YEARS, R/O MARASINGANAHALLI VILLAGE, KIRAGAVALU HOBALLI, MALAVALLI TALUK, MANDYA - 571 401.

39. PUTTASWAMI S. D, S/O DYAPEGOWDA, AGED ABOUT: 62 YEARS, R/O SUNAGAHALLI VILLAGE, MANDYA TALUK, MANDYA - 571 401.

40. RAGHU C. S, S/O SHIVANNA, AGED ABOUT: 50 YEARS, R/O NO. 850/2, 5TH CROSS, 5TH STAGE, HEBBALA 2ND STAGE , MYSURU CITY - 570 001.

41. LOKESH C. A, S/O ANKEGOWDA, AGED ABOUT: 43 YEARS, R/O CHINAKURALI MAIN ROAD, PANDAVAPURA TALUK, MANDYA - 571 401.

42. GIRISH H, S/O HONNEGOWDA, AGED ABOUT: 46 YEARS,

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R/O CHIKKADE VILLAGE, PANDAVAPURA TALUK, MANDYA - 571 401.

43. BALARAMEGOWDA K B, S/O BETTEGOWDA, AGED ABOUT: 50 YEARS, R/O KADABA VILLAGE, PANDAVAPURA TALUK, MANDYA - 571 401.

44. HONNARAJ C R, S/O KARITIMMEGOWDA, AGED ABOUT: 51 YEARS, R/O CHINAKURALI VILLAGE, PANDAVAPURA TALUK, MANDYA - 571 401.

45. SWAMI K T, S/O KARITHIMMEGOWDA, AGED ABOUT: 66 YEARS, R/O 8TH CROSS, CHAMUNDESHWARI NAGAR, MANDYA - 571 401.

46. JAGADISH H S, S/O SIDDAIAH, AGED ABOUT: 61 YEARS, R/O NO. 7, CLASSXIC CANTEEN, KOMMAGATTA ROAD, KENGERE, BENGALURU CITY - 560 060.

47. SHANKAREGOWDA A. C, S/O CHOWDAIAH, AGED ABOUT: 54 YEARS, R/O KAGEHALLADADODDI VILLAGE, MANDYA TALUK, MANDYA - 571 401.

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48. SWAMI H. K, S/O KALAIAH, AGED ABOUT: 70 YEARS, R/O HANAKERE VILLAGE, MANDYA TALUK, MANDYA - 571 401,

49. VARADARAJU S. T, S/O THAMMANNA AGED ABOUT: 28 YEARS, R/O SUNAGAHALLI VILLAGE, MANDYA TALUK, MANDYA - 571 401.

50. ASHOKANAND M. R, S/O RAMALINGEGOWDA, AGED ABOUT: 64 YEARS, R/O NO. 2075, 1ST CROSS, SUBASHNAGAR, MANDYA TALUK, MANDYA - 571 401.

...PETITIONERS (BY SRI. L. CHIDANANDAYYA, ADVOCATE)

AND:

1. STATE OF KARNATAKA, BY INSPECTOR OF POLICE, WEST POLICE STATION, MANDYA CITY, MANDYA - 571 401, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OFKARNATAKA.

2. ARUN. L, POLICE OFFICER, WEST POLICE STATION MANDYA CITY, MANDYA - 571 401.

...RESPONDENTS (BY SMT. K.P. YASHODA, HCGP FOR R1, R2 - SERVED)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR AND COMPLIANT IN CR.NO.43/2023 U/S. 78, 80 AND THE CONSEQUENTIAL ORDER PASSED ON 22.03.2023 BY THE LEARNED PRINCIPAL CIVIL JUDGE (SR.DN) AND C.J.M COURT, MANDYA DISTRICT, MANDYA ON THE REQUISITION SOUGHT BY THE RESPONDENT.

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

ORDER

The petitioners are before this Court calling in question

proceedings/investigation in Crime No.43/2023 pending on the

file of the Principal Civil Judge (Sr. Dn.) and CJM Court, Mandya

District for the offences punishable under Sections 79 and 80 of

the Karnataka Police (Amendment) Act, 2021 (for short 'the

Act').

2. Heard Sri. L. Chidanandayya, learned counsel

appearing for the petitioners and Smt. K.P. Yashoda, learned

High Court Government Pleader for respondent No.1.

3. The allegations against the petitioners are that, the

petitioners have let their club for playing the game of cards -

rummy. He would contend that the issue in the lis stands

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covered by the orders of this Court in plethora of cases, one

such cases is, in CRL.P.NO.9038/2022 DISPOSED ON

19.09.2022.

4. Learned High Court Government Pleader though

opposes, is not in a position to dispute the position of law and

would accept the submission of the learned counsel for the

petitioners.

5. The issue in the case at hand stands covered by the

judgment of this Court in the case of ANANTASWAMY IYER &

ORS. VS. STATE OF KARNATAKA reported in 1982 (1)

Kant LJ 400, wherein, it is held as follows:

"5. The contention is well founded. The facts of the case are almost on all fours with the facts in State of A.P. v. K. Sathyanarayanan [AIR 1968 SC. 825.] . Dealing with a similar case, their Lordships of the Supreme Court observed:

"The game of Rummy is not a game entirely of chance like the 'three-card' game mentioned in the Madras case to which we were referred. The 'three- card' game which goes under different names such as 'flush', brag, etc. is a game of pure chance. Rummy on other hand, requires certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable, skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire

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chance. It is mainly and preponderantly a game of skill. The chance in Rummy is of the same character as the chance in deal at a game of bridge. In fact in all games in which cards are shuffled and dealt out there is an element of chance because the distribution of the cards is not according to any set pattern but is dependent upon how the cards find their place in the shuffled pack. From this alone it cannot be said that Rummy is a game of chance and there is no skill involved in it."

In the light of the afore-extracted order and the facts

obtaining in the case at hand, which stand covers on all its

fours, I deem it appropriate to terminate the proceedings

initiated against the petitioners.

6. For the aforestated reasons, the following:

ORDER

i. The Criminal Petition is allowed.

ii. The proceedings/investigation in Crime No.43/2023

pending on the file of the Principal Civil Judge (Sr. Dn.)

and CJM Court, Mandya District, stand quashed, qua

the petitioners.

Sd/-

JUDGE JY List No.: 1 Sl No.: 26/CT: BHK