Karnataka High Court
Gajanana S/O Janardansa Habib vs State Of Karnataka on 20 January, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:843
CRL.P No. 102450 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 102450 OF 2024 (482(Cr.PC)/528(BNSS))
BETWEEN:
GAJANANA S/O. JANARDANSA HABIB
AGE. 35 YEARS, OCC. BUSINESS,
R/AT. RACHOTESHWAR NAGAR,
GADAG-582101.
...PETITIONER
(BY SRI. GOURI SHANKAR MOT, ADVOCATE)
AND:
STATE OF KARNATAKA
REP BY GADAG TOWN POLICE STATION,
GADAG, ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT. DHARWAD.
...RESPONDENT
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
Digitally signed by B
K
MAHENDRAKUMAR
SEEKING TO, QUASH THE COGNIZANCE DATED 27.10.2021
BK Location: HIGH
COURT OF
MAHENDRAKUMAR
KARNATAKA
DHARWAD BENCH
AGAINST THE ACCUSED/ PETITIONER IN GADAG TOWN POLICE
Date: 2025.01.22
15:00:19 +0530
STATION IN CRIME NO.80/2021 WHICH IS REGISTERED IN CC
NO.4061/2021 ON THE FILE OF 1ST ADDL.CIVIL JUDGE AND JMFC I
COURT, AT GADAG FOR THE OFFENCE PUNISHABLE U/S 78(1) (A)
(6) OF K.P. ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
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NC: 2025:KHC-D:843
CRL.P No. 102450 of 2024
ORAL ORDER
The petitioner is sought to be prosecuted for the offence
punishable under Sections 78 (3) of the Karnataka Police Act.
2. The case of the prosecution is that, on receiving credible
information that, some person is involved in cricket betting on a public
road near Gadag Mulgund Naka, near KEB Office, the complainant after
seeking permission from the learned Magistrate under Section 155 of
Cr.P.C., conducted a raid and it was disclosed that the petitioner was
involved in a betting on the cricket match.
3. The question as to whether the betting on the cricket match
comes under the definition of "gaming" under Section 2(7) of the
Karnataka Police Act was examined by the Co-ordinate Bench of this
Court in Crl.P.No.4090/2023 disposed on 16.8.2023, wherein, at paras 7
and 8 it has ruled as 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
NC: 2025:KHC-D:843
punishable under Section 78(ii) of the Karnataka Police Act, the
registration of FIR for the aforesaid offence stands vitiated.
Hence, the continuation of criminal investigation will be an abuse
of process of law."
4. In the light of the above, even accepting that the petitioners
were involved in betting on the cricket match, the same does not come
under the definition of "gaming" as defined under Section 2(7) of the
Karnataka Police Act, and therefore, the continuation of the criminal
proceedings against the petitioners will be an abuse of process of the
law and without jurisdiction.
5. Accordingly, I pass the following:
ORDER
a) The petition is allowed;
b) The impugned proceedings in CC No.4061/2021
pending on the file of learned 1st Additional Civil Judge
and JMFC, I Court, Gadag, insofar it relates to the
petitioner, is hereby quashed.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
HR
Ct:vh
