Karnataka High Court
Dongarsa Suraj S/O Vishwanathsa Kabadi vs The State Of Karnataka on 26 July, 2024
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NC: 2024:KHC-D:10599
CRL.P No. 102334 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102334 OF 2024 (482)
BETWEEN:
DONGARSA @ SURAJ
S/O. VISHWANATHSA KABADI,
AGE. 38 YEARS, OCC. HOTEL BUSINESS,
R/AT. HOUSE NO. 39, AKSHAY COLONY,
5TH CROSS, VIDYANAGAR,
HUBBALLI, DIST. DHARWAD-580021.
...PETITIONER
(BY SRI. ZANZA JOSHI, ADV. FOR
SRI. GOURI SHANKAR MOT, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
HUBBALLI SUB URBAN POLICE STATION, HUBBALLI,
REP. BY ITS STATE PUBLIC PROSECUTOR,
Digitally signed HIGH COURT OF KARNATAKA, DHARWAD BENCH,
by MANJANNA
E AT: DHARWAD.
Location: HIGH
COURT OF
KARNATAKA
...RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE COGNIZANCE DATED 14.05.2024 AND
FURTHER PROCEEDINGS AGAINST THE ACCUSED/PETITIONER THE
HUBBALLI SUB-URBAN POLICE STATION CRIME NO. 42/2024 SAME
WAS REGISTERED AS C.C.NO. 4233/2024 CURRENTLY PENDING ON
THE FILES OF PRL. CIVIL JUDGE AND JMFC AT HUBBALLI FOR THE
OFFENCE P/U/SE.C 78(3) OF K.P.ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:10599
CRL.P No. 102334 of 2024
ORDER
This petition is filed by the petitioner under Section 482
of the Crl.P.C., to quash the proceedings initiated against
him in C.C.No.4233/2024 on the file of learned Principal Civil
Judge and JMFC., Hubballi for the offence punishable under
Section 78(3) of the Karnataka Police Act.
2. The brief facts of the case of the prosecution are
as under:
The Police Inspector, Hubballi-Dharwad
Commissionarate CCB Division received a credible
information as to some persons playing cricket betting.
Hence, the Police Inspector and Sub-Staff conducted raid
near Cotton Market, Bhagat Singh Circle, in-front of Mister
Savaji Hotel, when the accused Dongarsa @ Suraj who was
engaged in cricketing betting in respect of the IPL T-20
cricket match between Chennai Super Kings Vs. Kolkata
Knight Riders and he was offering Rs.2,000/- against
Rs.1,000/-. Hence, they conducted raid and seized the
amount of Rs.25,200/-, a chit, a mobile phone, a ball pen.
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Thus, the complainant prepared seizure panchanama and
seized the above articles.
3. The Co-ordinate Bench of this Court in
Crl.P.No.4090/2023 disposed of on 16.08.2023 at paragraph
Nos.7 & 8 has held has follows:
"7. The coordinate Bench of this Court in Crl.P.
No.2929/2021 at para-12 has held as follows:
"12. One of the petitioners is bookie said to have
involved in betting. Sri Hashmath Pasha has
relied upon a judgment of the Supreme Court in
Board of Control for Cricket vs Cricket Association
of Bihar and others (2016 (8) SCC 535) where it
is observed that betting is to be legalized. It was
argued by the respondent that betting amounts
to gaming which is an offence under the
Karnataka Police Act. If Section 2(7) of the
Karnataka Police Act is seen, its explanation very
clearly says that game of chance does not include
any athletic game or sport. Cricket is a sport and
therefore even if betting takes place, it cannot be
brought within the ambit of definition of 'gaming'
found in Karnataka Police Act."
8. Admittedly, the accused No.4 is alleged to have been
found betting on the cricket match, and the coordinate
Bench of this Court has held that cricket is a sport, and
therefore even if betting takes place, it cannot be
brought within the ambit of definition of gaming found
in Karnataka Police Act. Hence, in the absence of
essential elements so as to constitute the commission
of offence punishable under Section 78(ii) of the
Karnataka Police Act, the registration of FIR for the
aforesaid offence stands vitiated. Hence, the
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continuation of criminal investigation will be an abuse
of process of law."
4. In light of the order passed by the Co-ordinate
Bench of this Court, the proceedings initiated against the
petitioner cannot be sustained. Accordingly I pass the
following:
ORDER
i. The criminal petition is allowed.
ii. The criminal proceedings initiated against the
petition in C.C.No.4233/2024 (Crime
No.42/2024 of Hubballi Sub-Urban Police
Station) on the file of learned Principal Civil
Judge and JMFC, Hubballi for the offence
punishable under Section 78(3) of the K.P.Act.
is hereby quashed.
iii. In view of the disposal of the main petition,
pending I.As' if any, stand disposed off.
Sd/-
JUDGE
EM/ct-an
