Karnataka High Court

Yallappa S/O Irappa Kelageri vs State Of Karnataka on 27 June, 2025

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                                                    CRL.P No. 100265 of 2025
                                                C/W CRL.P No. 101043 of 2024

                    HC-KAR




                               IN THE HIGH COURT OF KARNATAKA,
                                       DHARWAD BENCH

                             DATED THIS THE 27TH DAY OF JUNE, 2025

                                          BEFORE
                         THE HON'BLE MR. JUSTICE VENKATESH NAIK T

                              CRIMINAL PETITION NO.100265 OF 2025
                                   (482 OF Cr.PC/528 OF BNSS)
                                              C/W.
                              CRIMINAL PETITION NO.101043 OF 2024


                   IN CRL.P. NO.100265/2025:

                   BETWEEN:

                   1.   YALLAPPA S/O. IRAPPA KELAGERI
                        AGE 72 YEARS, OCC: AGRICULTURE,
                        R/O. HIREBAGEWADI, BELAGAVI-591109.

                   2.   NAGAPPA S/O. MALLAPPA NANDI
                        AGE 70 YEARS, OCC: AGRICULTURE,
                        R/O. HIREBAGEWADI, BELAGAVI-591109.

                   3.   SAGAR S/O. MALLAPPA KOSHAVAR
Digitally signed
                        AGE 55 YEARS, OCC: AGRICULTURE,
by RAKESH S
HARIHAR
                        R/O. NEAR KALMESHWAR TEMPLE,
Location: High          HIREBAGEWADI, BELAGAVI-591109.
Court of
Karnataka,
Dharwad            4.   RUDRAPPA S/O. LAKKAPPA KANANNAVAR
Bench
                        AGE 56 YEARS, OCC: AGRICULTURE,
                        R/O. NAGANUR, TALUK: BAILHONGAL
                        BELAGAVI - 591 102.
                   5.   SHRISHAIL S/O. ADIVEPPA BUDIHAL
                        AGE 55 YEARS, OCC: AGRICULTURE,
                        R/O. TADASALUR, TALUK: SAVADATTI,
                        BELAGAVI - 591 119.
                   6.   DODDANAYAK S/O. SHIVABASAPPA PARISHWAD
                        AGE 45 YEARS, OCC: AGRICULTURE,
                        R/O. NAGANUR, TALUK: BAILHONGAL
                        BELAGAVI - 591 102.
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7.    MALLAPPA S/O. KAREPPA VARADA
      AGE 58 YEARS, OCC: AGRICULTURE,
      R/O. SANGOLI, TALUK: KITTUR, BELAGAVI-591115.

8.    SOMAYYA S/O. SHANKARAYYA ENAGIMATH,
      AGE 59 YEARS, OCC: AGRICULTURE,
      R/O. CHIKKOPPA, TALUK: SAVADATTI,
      BELAGAVI - 591 119.

9.    MOHEMMEDRAFIK S/O. ALISAB VAKKUND
      AGE 40 YEARS, OCC: AGRICULTURE,
      R/O. HIREKOPPA, TALUK: SAVADATTI,
      BELAGAVI - 591 119.

10.   BASANAGOUDA S/O. SHANKARAGOUDA PATIL
      AGE 49 YEARS, OCC: AGRICULTURE,
      R/O. ANIGOLA, TALUK: BAILHONGAL,
      BELAGAVI - 591 102.

11.   SURESH S/O. RUDRAPPA HUMBI
      AGE 46 YEARS, OCC: AGRICULTURE,
      R/O. BELAVADI, TALUK: BAILHONGAL,
      BELAGAVI - 591 104.

12.   MANJUNATH S/O. CHANNAPA NAVI
      AGE 35 YEARS, OCC: AGRICULTURE,
      R/O. YADWAD, TALUK: MUDALGI,
      BELAGAVI - 591 136.

13.   SHRISHAIL S/O. NAGAPPA SANAKAL
      AGE 45 YEARS, OCC: AGRICULTURE,
      R/O. MURKIBAVI ROAD, TALUK: BAILHONGAL
      BELAGAVI - 591 121.

14.   SADDAM S/O. APPASAB TAHASHILDAR
      AGE 33 YEARS, OCC: AGRICULTURE,
      R/O. YADWAD, TALUK: MUDALGI,
      BELAGAVI - 591 136.

15.   RANGAPPA S/O. GOUDAPPA BUDIHAL
      AGE 59 YEARS, OCC: AGRICULTURE,
      R/O. HIREKOPPA, TALUK: SAVADATTI,
      BELAGAVI - 591 119.

16.   BASAVRAJ S/O. DODDANAYAK JIDDIMANI
      AGE 75 YEARS, OCC: AGRICULTURE,
      R/O. NAGANUR, TALUK: BAILHONGAL, BELAGAVI-591102.
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17.   SHANMUK S/O. RUDRAPPA CHIKKOPP
      AGE 53 YEARS, OCC: AGRICULTURE,
      R/O. HOSUR, TALUK: SAVADATTI,
      BELAGAVI-591111.

18.   MOULASAB S/O. SAYYEDSAB SANADI
      AGE 55 YEARS, OCC: AGRICULTURE,
      R/O. INDIRANAGAR, TALUK: BAILHONGAL
      BELAGAVI - 591 102.
19.   BASAPPA S/O. FAKIRAPPA GIRANAVAR
      AGE 78 YEARS, OCC: AGRICULTURE,
      R/O. KULKARNI ONI, TALUK: BAILHONGAL
      BELAGAVI - 591 102.
20.   RAMANAGOUDA S/O. BASANAGOUDA PATIL
      AGE 62 YEARS, OCC: AGRICULTURE,
      R/O. ANIGOLA, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

21.   DURGAPPA S/O. DULAPPA HARIJANA
      AGE 67 YEARS, OCC: AGRICULTURE,
      R/O. HIREKOPPA, TALUK: SAVADATTI,
      BELAGAVI-591119.

22.   CHANDRU S/O. BASAPPA HONGAL
      AGE 45 YEARS, OCC: AGRICULTURE,
      R/O. HIREKOPPA, TALUK: SAVADATTI,
      BELAGAVI-591119.

23.   ARJUN S/O. GYANAPPA DAVALI
      AGE 47 YEARS, OCC: AGRICULTURE,
      R/O. VAKKUND, TALUK: BAILHONGAL,
      BELAGAVI-591102.
24.   CHANNAYYA S/O. SANGAYYA DABIMATH
      AGE 57 YEARS, OCC: AGRICULTURE,
      R/O. DODAWAD, TALUK: BAILHONGAL
      BELAGAVI - 591 104.

25.   YALLAPPA S/O. NAGAPPA HOLI
      AGE 46 YEARS, OCC: AGRICULTURE,
      R/O. GOVANAKOPPA, TALUK: BAILHONGAL,
      BELAGAVI - 591 104.

26.   RAMAYYA S/O. YAMANAPPA TALAWAR
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      AGE 33 YEARS, OCC: AGRICULTURE,
      R/O. TADASALUR, TALUK: SAVADATTI
      BELAGAVI - 591 119.

27.   MAHABALESHWAR URF MALESH
      S/O. MALLESHAPPA BOLAGOUDAR
      AGE 42 YEARS, OCC: AGRICULTURE,
      R/O. BAILAWAD, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

28.   KUBER S/O. SHIVAPPA HANABAR
      AGE 41 YEARS, OCC: AGRICULTURE,
      R/O. GOVANAKOPPA, TALUK: BAILHONGAL
      BELAGAVI - 591 104.

29.   VISHAL S/O. NAGAPPA PATTED
      AGE 27 YEARS, OCC: AGRICULTURE,
      R/O. MADDIGALLI, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

30.   SHIVANAYAK S/O. MALLANAYAK PATIL
      AGE 57 YEARS, OCC: AGRICULTURE,
      R/O. HOSUR, TALUK: SAVADATTI
      BELAGAVI - 591 111.

31.   NINGAPPA S/O. MADIWALAPPA BALEKUNDARAGI
      AGE 70 YEARS, OCC: AGRICULTURE,
      R/O. NEGINAL, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

32.   YALLAPPA S/O. CHANDRAPPA GYANAPPAGOLA
      AGE 56 YEARS, OCC: AGRICULTURE,
      R/O. ANIGOLA, TALUK: BAILHONGAL
      BELAGAVI - 591 102.
33.   SURESH S/O. TUKARAM LAMANI
      AGE 39 YEARS, OCC: AGRICULTURE,
      R/O. BADALI, TALUK: SAVADATTI
      BELAGAVI - 591 110.

34.   TAMMANAGOUDA S/O. NINGANAGOUDA PATIL
      AGE 44 YEARS, OCC: AGRICULTURE,
      R/O. BAILWAD, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

35.   SIDDANAGOUDA S/O. FAKIRAGOUDA SANNANAIK
      AGE 53 YEARS, OCC: AGRICULTURE,
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      R/O. ANIGOLA, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

36.   GURUNATH S/O. SIDDAPPA BADLI
      AGE 38 YEARS, OCC: AGRICULTURE,
      R/O. YADAHALLI, TALUK: SAVADATTI,
      BELAGAVI - 591 126.

37.   DYAMANNA S/O. SANGAPPA TALAWAR
      AGE 53 YEARS, OCC: AGRICULTURE,
      R/O. NAVALAGATTI, TALUK: BAILHONGAL,
      BELAGAVI - 591 125.

38.   BASAVRAJ S/O. VIRUPAKSHA HITTALAMANI
      AGE 45 YEARS, OCC: AGRICULTURE,
      R/O. NAGANUR, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

39.   MOHAMMEDGOUS S/O. KUTBUDDIN BELAGAVI
      AGE 53 YEARS, OCC: AGRICULTURE,
      R/O. BAILHONGAL, BELAGAVI - 591 102.

40.   BASAYYA S/O. NINGAYYA PUJARI
      AGE 50 YEARS, OCC: AGRICULTURE,
      R/O. ANIGOLA, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

41.   ARJUN S/O. GULAPPA DALAWAYI
      AGE 56 YEARS, OCC: AGRICULTURE,
      R/O. ANIGOLA, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

42.   PATREPPA S/O. ADVEPPA KABBUR
      AGE 63 YEARS, OCC: AGRICULTURE,
      R/O. YARAJARVI, TALUK: SAVADATTI
      BELAGAVI - 591 119.

43.   DILAVAR S/O. HUSENSAB HANNIKERI
      AGE 55 YEARS, OCC: AGRICULTURE,
      R/O. SAMPAGAON, TALUK: BAILHONGAL,
      BELAGAVI - 591 125.

44.   ANAND S/O. SOMAPPA HUCCHANAVAR
      AGE 34 YEARS, OCC: AGRICULTURE,
      R/O. BAILWAD, TALUK: BAILHONGAL
      BELAGAVI - 591 102.
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45.   YUNUS S/O. APPASAHEB PATIL
      AGE 50 YEARS, OCC: AGRICULTURE,
      R/O. MURAGOD, TALUK: SAVADATTI
      BELAGAVI - 591 119.

46.   SIDDAYYA S/O. MALLAYYA HARUGOPPA
      AGE 45 YEARS, OCC: AGRICULTURE,
      R/O. BASAPUR, TALUK: BELAGAVI
      BELAGAVI - 591 122.

47.   DYAMMANA S/O. SIDDANAIK NAIKAR
      AGE 73 YEARS, OCC: AGRICULTURE,,
      R/O. CHIKKOPPA, TALUK: SAVADATTI
      BELAGAVI - 591 119.

48.   NINGAPPA GADDIKERI
      AGE 49 YEARS, OCC: AGRICULTURE,
      R/O. PUDAKALAKATTI, BELAGAVI - 591 344.

49.   RUDRAPPA S/O. SADEPPA MUNAVALLI
      AGE 57 YEARS, OCC: AGRICULTURE,
      R/O. ARALIKATTI, BELAGAVI - 591 121.

50.   SIDRAM S/O. ADIVEPPA GORAKAVAR
      AGE 43 YEARS, OCC: AGRICULTURE,
      R/O. MUTAWAD, TALUK: SAVADATTI
      BELAGAVI - 591 121.

51.   SHIVALINGAPPA S/O. BASAVANNEPPA HANJI
      AGE 61 YEARS, OCC: AGRICULTURE,
      R/O. TALUK: BAILHONGAL, BELAGAVI - 591 102.

52.   BASAVRAJ S/O. VIRUPAKSHAYYA HIREMATH
      AGE 39 YEARS, OCC: AGRICULTURE,
      R/O. TALUK: BAIHONGAL, BELAGAVI - 591 102.

53.   GANGAPPA S/O. MAHADEVAPPA ANAPINA
      AGE 59 YEARS, OCC: AGRICULTURE,
      R/O. KORAVINKOPPA, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

54.   SHARIF S/O. FAKRUSAB NADAF
      AGE 59 YEARS, OCC: AGRICULTURE,
      R/O. BIDARI, TALUK: MUDHOL
      BAGALKOT - 587 313.

55.   RANGAPPA S/O. YALLAPPA PATIL
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      AGE 47 YEARS, OCC: AGRICULTURE,
      R/O. TALUK: MUDHOL, BAGALKOT - 587 313.

56.   CHANDRAGOUDA S/O. KALAGOUDA CHAPAGAONV
      AGE 56 YEARS, OCC: AGRICULTURE,
      R/O. YARDAL, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

57.   SANTOSH S/O. KUMAR CHALAVADI
      AGE 49 YEARS, OCC: AGRICULTURE,
      R/O. KALMATH GALLI, TALUK: BAILHONGAL,
      BELAGAVI - 591 102.

58.   MAHANTAYYA S/O. GURUPADAYYA HIREMATH
      AGE 50 YEARS, OCC: AGRICULTURE,
      R/O. KORAVINAKOPPA, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

59.   DEMANNA S/O. BASAPPA PUJARI
      AGE 29 YEARS, OCC: AGRICULTURE,
      R/O. CHIKKOPPA, TALUK: SAVADATTI
      BELAGAVI - 591 119.

60.   ANNAPPA S/O. SIDDAPPA PUJARI
      AGE 30 YEARS, OCC: AGRICULTURE,
      R/O. CHIKKOPPA, TALUK: SAVADATTI
      BELAGAVI - 591 119.

61.   ABDULMAJID S/O. RAJESAB SILLEDAR
      AGE 36 YEARS, OCC: AGRICULTURE,
      R/O. INCHAL, TALUK: SAVADATTI
      BELAGAVI - 591 110.

62.   HAJARATALI S/O. ABDULMAJID DAPEDAR
      HAJARATALI ABDULMAJ
      AGE 42 YEARS, OCC: AGRICULTURE,
      R/O. MOUNESHVAR NAGAR, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

63.   AARUD S/O. BASAPPA MURAGODA
      AGE 46 YEARS, OCC: AGRICULTURE,
      R/O. ANIGOLA, TALUK: BAILHONGAL
      BELAGAVI - 591 102.

64.   KUTBUDDIN S/O. SAIBUDDIN SAYYED
      AGE 40 YEARS, OCC: AGRICULTURE,
      R/O. BAILWAD, TALUK: BAILHONGAL, BELAGAVI-591102.
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65.    MADIWALAPPA S/O. ISHWARAPPA BHADRASHEETI
       AGE 66 YEARS, OCC: AGRICULTURE,
       R/O. VAKKUND, TALUK: BAILHONGAL
       BELAGAVI - 591 102.

66.    BASAPPA S/O. YALLAPPA NANDALLI
       AGE 45 YEARS, OCC: AGRICULTURE,
       R/O. KORAVINKOPPA, TALUK: BAILHONGAL,
       BELAGAVI - 591 102.

67.    IRAPPA S/O. ADIVEPPA BADIGER
       AGE 52 YEARS, OCC: AGRICULTURE,
       R/O. CHIVATAGUNDI, TALUK: BAILHONGAL,
       BELAGAVI - 591 125.
                                                  ...PETITIONERS
      (BY SRI RAM P. GHORPADE, ADVOCATE)

AND:

STATE OF KARNATAKA
BY CEN CRIME POLICE STATION, BELAGAVI,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-11.
                                                  ...RESPONDENT
      (BY SMT. KIRTILATA PATIL, H.C.G.P.)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CR.P.C., PRAYING TO CALL FOR RELEVANT RECORDS AND SET
ASIDE THE CASE REGISTERED BY CEN CRIME POLICE STATION,
BELAGAVI, DATED 05.11.2023 IN CEN P.S. BELAGAVI CRIME NO.93
OF 2023 IN C.C. NO. 1290/2024 WHICH IS PENDING BEFORE THE
J.M.F.C-III COURT, BELAGAVI, FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTIONS 79 AND 80 OF THE K.P. ACT,
AGAINST THE PETITIONERS NO.1 TO 67/ ACCUSED NOS.2 TO 5, 7, 9
TO 36 AND 38 TO 71 AND ETC.


IN CRL.P. NO.101043 OF 2024:

BETWEEN:

1.    BASANAPPA S/O. SHIVAPPA KADKOL
      AGE 61 YEARS, OCC: AGRICULTURE,
      R/O. INCHAL GALLI, TAL: BAILHONGAL,
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     DISTRICT: BELAGAVI-591102.

2.   BASAVARAJ S/O. IRAPPA INCHAL
     AGE 44 YEARS, OCC: AGRICULTURE,
     R/O. MADDI GALLI, TAL: BAILHONGAL,
     DISTRICT: BELAGAVI-591102.

3.   MAHANTESH SHIVAPPA BAGEWADI
     AGE 49 YEARS, OCC: AGRICULTURE,
     R/O. INCHAL, TAL: SAVADATTI
     DISTRICT: BELAGAVI - 591 102.

4.   BASAPPA S/O. NAGAPPA BETAGERI
     AGE 44 YEARS, OCC: PVT. WORK
     R/O. KUDSOMANNAVAR GALLI,
     TAL: BAILHONGAL, DISTRICT: BELAGAVI-591102.

5.   MAHANTESH S. TURMURI
     AGE 35 YEARS, OCC: AGRICULTURE,
     R/O. BAILHONGAL, DISTRICT: BELAGAVI-591102.

                                                ... PETITIONERS
(BY SRI RAM P. GHORPADE, ADVOCATE)

AND:

STATE OF KARNATAKA,
BY BELAGAVI CEN CRIME POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-11.
                                                 ...RESPONDENT
     (BY SMT. KIRTILATA PATIL, H.C.G.P.)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CR.P.C., PRAYING TO CALL FOR THE RELEVANT RECORDS AND
SET ASIDE THE CASE REGISTERED BY CEN CRIME POLICE STATION,
BELAGAVI, DATED 05.11.2023 IN CEN P.S. BELAGAVI CRIME NO.93
OF 2023 IN C.C. NO. 1290/2024 WHICH IS PENDING BEFORE THE
J.M.F.C-III COURT, BELAGAVI, FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTIONS 79 AND 80 OF THE K.P. ACT,
AGAINST THE PETITIONERS NO.1 TO 5/ACCUSED NOS.1, 6, 8, 37
AND 72.

    THESE CRIMINAL PETITIONS ARE COMING ON FOR FURTHER
ARGUMENTS, THIS DAY, THE COURT MADE THE FOLLOWING:
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                       ORAL ORDER

Criminal Petition No.100265 of 2025 is filed by

accused Nos.2 to 5, 7, 9 to 36 and 38 to 71 and Criminal

Petition No.101043 of 2024 is filed by accused Nos.1, 6, 8,

37 and 72. Both these petitions are arising out of same

crime number and hence, they are taken up together and

disposed off.

2. These criminal petitions are filed under Section

482 of the Code of Criminal Procedure, 1973, praying to

quash the entire proceedings in Criminal Case No.1290 of

2024 on the file of the Judicial Magistrate First Class-III

Court, Belagavi, for the offences punishable under

Sections 79 and 80 of the Karnataka Police Act, 1963 (for

short, 'Act').

3. The brief facts of the prosecution case are that,

Sri B.R. Gaddekar, Police Inspector, CEN Crime Police,

Belagavi, filed a complaint alleging that on 05.11.2023 at

about 01.50 p.m., when he was in Police Station, he

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received credible information that in Sanskruti Farm First

Floor in Bailhongal, one Mahantesh Turmuri, R/O.

Bailhongal and 8 to 10 people are playing andar bahar

cards. Therefore, he lodged N.C. No.22 of 2023 under

Section 87 of the Act and after securing permission from

the jurisdictional Magistrate, he conducted raid on the said

persons, seized six set of playing cards, mobiles, and cash

of Rs.2,20,290/- and arrested them. Hence, the Station

House Officer registered a case in Crime No.93 of 2023 for

the offences punishable under Sections 79 and 80 of the

Act. In turn, the Investigating Officer conducted

investigation and filed charge-sheet against seventy-two

persons.

4. Taking exception to the same, the petitioners have

preferred these petitions.

5. Learned counsel for the petitioners has contended

that the offences alleged against the petitioners are

completely false. The complaint being that the petitioners

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were engaged in gambling is incorrect and he submits that

the reference to 'common gaming house' has to be

considered in respect of Section 2(3) of the Act. Hence,

the house as described in the complaint would not qualify

for the said definition. He further contended that a Co-

ordinate Bench of this Court in the case of

K.N. SURESH v. STATE OF KARNATAKA AND

ANOTHER reported in ILR 2012 KAR 1443 held that

andar bahar is not a game of skill and is mere a game of

chance. Therefore, the offences punishable under Sections

79 and 80 of the Act are not attracted. Hence, he prayed

to quash the proceedings.

6. Learned High Court Government Pleader for the

respondent-State has contended that when the petitioners

were playing andar bahar, a huge amount was seized from

them, which indicates that they were engaged in gambling

and therefore, the proceedings ought not to be quashed.

She relies upon the decision of a Co-ordinate Bench of this

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Court in Criminal Petition No.102114 of 2019 disposed on

24-2-2020.

7. Learned counsel for the petitioners further submits

that the issue in the case at hand stands covered by the

judgments rendered by the Co-ordinate Benches of this

Court in Criminal Petition No.100877 of 2014,

disposed on 13.06.2014, which read as follows:

"5. On analysing the above said provision of law, this Court has rendered a decision reported in 1971(2) Mys. L.J. 187 in the case of Chickarangappa & Others Vs. State of Mysore and another decision reported in 1977 (1) K.L.J. 274 in the case of Eranna Vs. State of Karnataka, which decisions declare that, "playing 'Andar Bahar' is a game of skill and not mere a game of chance and therefore, the offence punishable under Section 79 and 80 of the Act are not attracted".

6. In the ruling reported in 1977 (1) K.L.J. 274 (supra), this Court has categorically held that, game of 'Andar Bahar' is not a game of chance. The facts are also little bit relevant as quoted in the said case. At paragraph 7 of the said judgment, it is stated that;

"In this view of the matter, the essential ingredient of the offence was not proved. It could not be established that the petitioner - accused

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were playing a game of chance and one does not know how the game 'Andar Bahar' is actually played with the assistance of cards. Even if any betting was resorted to and even if any pledge of moveables was made in support of that betting, that by itself did not convert a game of a skill into a game of chance. At any rate it was not categorically proved that 'Andar Bahar' is a game of chance and that these accused were playing that game. They were not covered under the definition of gaming in a common house. Since the institution where the accused were found playing the game with cards is a club, it is not unusual that cards are played in a club, and it may even be that some betting was also being done. These facts by themselves never proved that a game of chance was being played or that no skill was involved in that game so that it could be considered to be a mere game of chance. It is manifest that a game of skill would not be held to be gambling for the purpose of the Act. In this view of the matter, no offence under Sections 79 and 80 of the Karnataka Police Act, 1963 was made out against the petitioners. Hence the conviction of sentence was set aside".

and in Criminal Revision Petition No.100031 of

2014, disposed on 03.03.2015, it is held as follows:

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"This revision petition is filed under Section 397 read with Section 401 of Cr.P.C. by the State, aggrieved by the order passed by the learned Magistrate in releasing the interim custody of the cash amount in favour of accused No.2/respondent No.2.

2. Succinctly stated, the P.S.I. of Honnavar Police Station charge sheeted the respondents for the offence punishable under Section 87 of K.P. Act. The accused were on bail. During the raid the Investigating Officer had seized cash of Rs.34,468/-, which is alleged to be the gaming money. Respondent No.2 moved an application under Section 457 of Cr.P.C. for release of the said amount. The application was contested by the prosecution. The court below allowed the application and released the interim custody of cash amount in favour of the applicant / respondent No.2 on executing an indemnity bond for Rs.50,000/- with one surety for the likesum. However, care was taken by the court below by directing accused No.1 to assist the C.M.O. of the Court to take the photographs of the currency notes at his cost.

3. Learned counsel for the petitioner - State submits that the trial Court has lost sight of the fact that the amount was seized while the accused were indulged in playing Andar Bahar. In the event prosecution successfully proves its case, said money is liable to be confiscated to the State Government. The court had acted on the fabricated documents produced by the accused No.2 projecting that the money belong to Srikumar Roadlines, under whom he was employed. Though the prosecution had disputed the

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said document without probing about the veracity of the document, the trial Court has hurriedly released the interim custody of the cash amount. In fact the said cash amount is required to be marked in evidence during the trial. The currency notes are not perishable in nature and there was no dire necessity to release the interim custody of the cash amount in favour of second applicant. The accused No.5 has pleaded guilty and was imposed fine, that strengthens the case of prosecution. In the judgment of this Court reported in 1993 CRL.L.J. 3109 in the case of T. Narayanaswamy vs. State and Others, it has been held that release of money seized for the interim custody is bad in law. Hence, the impugned order is liable to be set aside.

4. In reply, Sri Anoop G. Deshpande, learned counsel for R1 to R4 and R6 to R7 submits that the impugned order being in the nature of interlocutory order is not amenable to the revision jurisdiction. Hence, the very petition itself is not maintainable. In fact, the money seized was not the gaming money, but it belongs to his employer Srikumar Roadlines and the court below having satisfied about his contention was pleased to release the interim custody to his possession. However, the interest of State is protected by directing him to execute the indemnity bond for Rs.50,000/- with one surety for the likesum. Even the interest of the prosecution about the identification of the currency notes is also taken care by directing him to assist the C.M.O. of the Court at his cost in taking photographs of the currency notes.

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5. Respondent No.5 is served and not represented.

6. As regards the first contention about the maintainability of the revision petition, by a catena of judicial pronouncements of this Court and other High Courts, it is held that the release of interim custody of the seized property is the nature of adjudication of the rights of the parties in reference to the said property. The said order is amenable for revision jurisdiction under Section 397 of Cr.P.C. Hence, there is no merit in the contention that this petition is not maintainable.

7. As regards the merit of the impugned order is concerned, the court below being convinced with a certificate produced by the second applicant issued by his employer Srikumar Roadlines and also daily enquiry report dated 14.11.2012 has inferred that he is an employee of the said Roadlines. Keeping open the question of the ownership of the seized property/cash amount in question the court below has ordered interim custody by taking the photographs of currency notes and also by calling upon the applicant to execute the indemnity bond of Rs.50,000/- with one surety for the likesum.

8. Under the circumstances, I hold that the impugned has not prejudiced the case of the State and it is not illegal. The grounds urged by the State lacks merits and does not

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call for interference of this Court. Accordingly, petition is rejected".

8. In the light of the afore-extracted judgments

rendered by the Co-ordinate Benches of this Court and in

the facts obtaining in the case at hand, which covers the

issue on all its fours, I deem it appropriate to quash the

proceedings, qua the petitioners.

9. For the reasons aforementioned, the Court

proceeds to pass the following

ORDER