Karnataka High Court
Sri Krishna vs The State Of Karnataka on 29 May, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:18440
CRL.P No. 7545 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2025
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO.7545 OF 2025
BETWEEN:
1. SRI KRISHNA
S/O MARI JOGAYYA,
AGED ABOUT 38 YEARS,
R/O KANCHIMUNIYAPPANA ROAD,
KURUPETE, KANAKAPURA,
RAMANAGARA DISTRICT - 562 117
2. SRI. LOKESH,
S/O CHIKKAMARI,
AGED ABOUT 37 YEARS,
R/AT NO.168, 4TH CROSS,
VIVEKANANDA NAGARA,
KANAKAPURA,
RAMANAGARA DISTRICT - 562 117
Digitally signed 3. SRI. PRADEEP V,
by SHWETHA S/O VENKATESH MURTHY,
RAGHAVENDRA
AGED ABOUT 40 YEARS,
Location: HIGH
COURT OF R/AT NO.963A, OPP. PWD QUARTERS,
KARNATAKA KANAKAPURA,
RAMANAGARA DISTRICT - 562 117
...PETITIONERS
(BY SMT SHILPA RANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY CUBBON PARK POLICE STATION,
REPRESENTED BY THE
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CRL.P No. 7545 of 2025
HC-KAR
STATE PUBLIC PROSECUTOR,
OFFICE OF ADVOCATE GENERAL,
HIGH COURT BUILDINGS,
BANGALORE -560001.
2. SRI.T.C.SHIVAKUMAR,
POLICE OFFICER,
AGED ABOUT 45 YEARS,
SPECIAL ENQUIRY WING, CCB,
BENGALURU-560 001
...RESPONDENTS
(BY SMT.WAHEEDA.M.M, HCGP)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED
U/S 528 BNSS) PRAYING TO QUASH FIR AGAINST THE
PETITIONERS I CRIME NO.055/2025 REGISTERED BY THE
CUBBON PARK POLICE STATION, BENGALURU FOR THE
OFFENCES P/U/S 78(A)(vi) AND 87 OF KARNATAKA POLICE
ACT, 1963 ON THE FILE OF JUDICIAL MAGISTRATE FIRST
CLASS (TRAFFIC COURT-I), BENGALURU CITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioners are before this Court seeking for the
following reliefs:
"WHEREFORE, the petitioners most respectfully
pray that this Hon'ble Court may be please to-
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a) Quash FIR against the petitioners in Crime
No.055/2025 registered by the Cubbon Park
Police Station, Bengaluru for the offences
punishable under Section 78(A)(vi) and 87 of
Karnataka Police Act, 1963 on the file of Judicial
Magistrate First Class (Traffic Court-I),
Bengaluru City;
b) Grant pass such other order or orders as this
Hon'ble Court may consider it to be just and
proper, having regard to the proved and
admitted facts and circumstances of the case,
in the interest of justice and equity."
2. The allegation made against the petitioners is that
petitioners were involved in the offence of betting on a
cricket match.
3. Learned counsel for the petitioners relies upon the
decision in Crl.P.No.4090/2023 dated 16.08.2023 more
particularly paragraph Nos.7 and 8 which is reproduced
herein for ready reference:
"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
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explanation very clearly 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 continuation of criminal investigation will be an
abuse of process of law."
4. By relying on the above matter, he submits that cricket
being a sport, even if there is betting, it cannot be
brought within the ambit to definition of 'gaming' found in
the Karnataka Police Act.
5. This Court being bound by the observations made by the
coordinate bench on the very same reasoning, has
passed the following:
ORDER
i. Criminal Petition is allowed.
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ii. The proceedings in Crime No.55/2025 registered
by Cubbon Park Police Station, pending on the
file of Judicial Magistrate First Class (Traffic
Court-I) is quashed.
SD/-
(SURAJ GOVINDARAJ)
JUDGE
KAV
