Karnataka High Court
Mr. Mohammad Haadi . P. K. M vs State Of Karnataka on 4 November, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:44079
CRL.P No. 9956 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9956 OF 2024
BETWEEN:
1. MR. MOHAMMAD HAADI . P.K.M.,
S/O P.K.M MOHAMMED HUSSAIN
AGED ABOUT 26 YEARS
R/AT.127/2314, 3RD CROSS
GANDHINAGAR, MANDYA TOWN
MANDYA, KARNATAKA - 571 401.
2. MR. CHANDRASHEKARA
S/O RAGHURAMAIAH
AGED ABOUT 46 YEARS
R/AT. BHILAGUMBA ROAD
NAR GOVERNMENT SCHOOL
CHAMUNDI KASABA HOBLI,
Digitally signed RAMANAGARA TALUK
by NAGAVENI
Location: HIGH RAMANAGARA
COURT OF
KARNATAKA KARNATAKA - 562 159.
...PETITIONERS
(BY SRI. LINGARAJ SHARANAPPA, ADVOCATE)
AND:
STATE OF KARNATAKA
IJOOR POLICE STATION
RAMANAGARA DISTRICT
REPRESENTED BY
STATE PUBLIC PROSECUTOR
-2-
NC: 2024:KHC:44079
CRL.P No. 9956 of 2024
HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
BENGALURU - 560 001
...RESPONDENT
(BY SRI HARISH GANAPATHY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., (528 OF BNSS) PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.1601/2024 AGAINST THE
PETITIONERS FOR THE OFFENCES P/U/S 78(1)(a)(vi) OF THE
KP ACT, REGISTERED WITH IJOOR P.S., WHICH IS PENDING
ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC COURT,
RAMANAGARA DISTRICT, RAMANAGARA, AND THE ORDER OF
COGNISANCE AT ANNEXURE-A AS THE CONTINUATION
PROCEEDINGS IN A CLEAR ABUSE OF PROCESS OF LAW.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking quashment of
the proceedings in C.C.No.1601/2024, pending before the
Additional Civil Judge and JMFC Court, Ramanagara District,
Ramanagara, registered for the offence under Section
78(1)(a)(vi) of the Karnataka Police Act, 1963.
NC: 2024:KHC:44079
2. Heard Sri Lingaraj Sharanappa, learned counsel for the
petitioner and Sri Harish Ganapathy, learned High Court
Government Pleader for the respondent.
3. Learned counsel for the petitioner submits that the
issue in the lis stands covered by the orders passed by the co-
ordinate benches of this Court in Crl.P.No.2929/2020 and
connected matters disposed on 10.01.2022 and in
Crl.P.No.5945/2023 disposed on 23.08.2023. The order in
Crl.P.No.5945/2023 reads as follows:
"The petitioner is sought to be prosecuted for the
offences punishable under Sections 79 (A) (vi) and 80 of
the Karnataka Police Act, 1963 as amended in the year
2021.
2. The case of the prosecution is that, on receiving
credible information, a raid was conducted, and it was
uncovered that the accused by using "abexch9.com",
were collecting money from the winners and losers with
respect to IPL matches between the Royal Challengers
Bangalore -vs- Delhi Capitals and Mumbai Indians -vs-
Sun risers Hyderabad.
3. Heard the learned counsel for the petitioner and
learned High Court Government Pleader for the
respondent- State.
4. Amendment to Sections 79 and 80 of the
Karnataka Police Act, was challenged before this Court in
W.P.No.18703/2021 and other connected cases. The
Division Bench order dated 14.02.2022 struck down
Sections 2, 3, 6 8 & 9 of the Karnataka Police
(Amendment) Act, 2021 in its entirety, as ultra vires the
Constitution of India.
NC: 2024:KHC:44079
5. Even otherwise, the Co-ordinate Bench of this
Court in Crl.No.2929/2020 and connected cases, at para
12 has held as under:
"12. One of the petitioners is a bookie said to
have been 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."
6. Admittedly, the accused-petitioner herein 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. Therefore, in
the absence of essential elements to constitute the
commission of offence punishable under Section 78(a)
(vi) of the Karnataka Police Act, the registration of FIR
culminating in taking cognizance of the aforesaid offence
stands vitiated. Therefore, the continuation of criminal
proceedings will be an abuse of process of law.
7. Accordingly, I pass the following:
ORDER
i) The Criminal Petition is allowed;
ii) The impugned proceedings in C.C.No.10653/2022 on
the file of the Court of Metropolitan Magistrate
(Traffic Court-2) Nrupathunga Road, Bangalore,
insofar it relates to petitioner herein stands quashed.
iii) Liberty is reserved with the petitioner to file an
appropriate application before the Trial Court for
NC: 2024:KHC:44079
releasing a sum of Rs.4,00,000/-, which was seized
from him at the time of raid."
In the light of the afore-quoted order, which covers the
issue in the lis on all its fours, the criminal petition deserves to
succeed on the very same findings and the observations.
4. For the aforesaid reasons, the following:
ORDER
a. The criminal petition is allowed.
b. The proceedings in C.C.No.1601/2024, pending before
the Additional Civil Judge and JMFC Court,
Ramanagara District, Ramanagara, stand quashed.
I.A.No.1/2024 is disposed, as a consequence.
Sd/-
(M.NAGAPRASANNA)
JUDGE
NVJ
