Karnataka High Court
Gajanan S/O Tarasa Habib vs The State Of Karnataka on 13 May, 2025
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NC: 2025:KHC-D:7184
CRL.P No. 101847 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF MAY 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
CRIMINAL PETITION NO.101847 OF 2025 (482(Cr.PC)/528(BNSS))
BETWEEN:
GAJANAN, S/O. TARASA HABIB,
AGE: 38 YEARS, OCC: PRIVATE JOB,
R/AT: BHAVANI NAGAR,
BEHIND NAGAR, BEHIND
RAGHVENDRA MATH,
HUBBALLI, DIST: DHARWAD - 580 020.
...PETITIONER
(BY SRI. ZANZA JOSHI, ADVOCATE FOR SRI. G.S.MOT, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
HUBBALLI SUB-URBAN POLICE STATION,
HUBBALLI, REP. BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA ,
Digitally signed by
ASHPAK KASHIMSA DHARWAD BENCH, AT: DHARWAD.
MALAGALADINNI
Location: High Court
...RESPONDENT
of Karnataka,
Dharwad Bench,
(BY SRI. GIRIJA HIREMATH, HCGP)
Dharwad
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE
COGNIZANCE DATED 11.02.2025 AND ENTIRE PROCEEDINGS
AGAINST THE ACCUSED NO.3/PETITIONER IN HUBBALLI SUB-URBAN
POLICE STATION CRIME NO.11/2025 WHICH IS REGISTERED IN
C.C.NO.550/2025 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND
JMFC, AT HUBBALLI FOR THE OFFENCE PUNISHABLE UNDER
SECTION 78(3) OF K.P. ACT, IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:7184
CRL.P No. 101847 of 2025
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER
Learned High Court Government Pleader accepts notice
for the respondent.
2. Heard the learned counsel for the petitioner and the
learned HCGP for the respondent.
3. Accused No.3 (petitioner) is before this Court under
Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023,
seeking to quash the criminal proceedings initiated against him
in C.C. No.550/2025 pending on the file of the Principal Civil
Judge and JMFC, Hubballi, arising out of Crime No.11/2025
registered by the Hubballi Sub-Urban Police Station, for the
offence punishable under Section 78(3) of the Karnataka Police
Act, 1963.
4. The case of the prosecution against the petitioner is
with regard to cricket betting.
5. Learned counsel for the petitioner submits that
allegation against the petitioner does not come under the
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purview of the offence alleged under Section 78(3) of the
Karnataka Police Act. Learned counsel for the petitioner
submits that the facts involved in this petition is squarely
covered by the decision of a Co-ordinate Bench of this Court in
Crl.P. No.4090/2023, [ Mr. Raghavendra Shetty Vs. The State
of Karnataka & Another, disposed of on 16.08.2023 ]. He also
places reliance on another Co-ordinate Bench decision of this
Court in Crl. P. No. 100036/2024 [ Venkatesh Vs. The State of
Karnataka, disposed of on 16.01.2024 ], which has been
allowed in the light of the order passed in Crl.P. No.4090/2023.
The Co-ordinate Bench of this Court in Crl. P. No.4090/2023, at
paragraphs 7 and 8, has held as under:
"7. The coordinate Bench of this Court in Crl.P.
No.2929/2020 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
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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 continuation of criminal
investigation will be an abuse of process of law."
6. Admittedly, accused No.3 is alleged to have been
involved in betting on the cricket match and the Co-ordinate
Bench 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, the
issue involved in this petition is no more res integra, and the
criminal proceedings initiated against the petitioner/accused
No.3 cannot be sustained. Hence, the following:
ORDER
i) The Criminal Petition is allowed.
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ii) The criminal proceedings initiated against accused
No.3, the petitioner herein, in C.C. No.550/2025
pending on the file of the Principal Civil Judge and
JMFC, at Hubballi, is hereby quashed.
_________SD/-_________
JUSTICE K.S.HEMALEKHA
KMS
CT-ASC
