Karnataka High Court
Peerabash S/O Nabi Sab vs State Of Karnataka on 3 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11286
CRL.P No. 103131 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 3RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103131 OF 2023
(482(Cr.PC)/528(BNSS)
BETWEEN:
1. PEERABASH S/O NABI SAB
AGED ABOUT 40 YEARS, OCC: AGRICULTURE
R/AT 7TH WARD, TEKKALAKOTA TOWN,
BELLARY, DISTRICT KARNATAKA.
2. PRABHAKAR S/O LATE HANUMANTH SHA
AGE: 38 YEARS,
14TH WARD SIRUGUPPA TOWN,
BALLARI DISTRICT, KARNATAKA.
4. DOLE MEHABOOB SAB S/O
AGED ABOUT 38 YEARS
TEKKALAKOTA TOWN
BELLARI DISTRICT,KARNATAKA
...PETITIONERS
(BY SRI YOGESH M. DESAI, ADVOCATE)
AND:
Digitally
signed by
RAKESH S
RAKESH HARIHAR
STATE OF KARNATAKA
S Location:
HIGH
HARIHAR COURT OF TEKKALAKOTA PSI
KARNATAKA
DHARWAD
BENCH
TEKKALAKOTA POLICE STATION, BELLARY
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO ALLOW THIS PETITION AND QUASH THE FIR
COMPLAINANT IN CRIME NO.0094/2023 BY THE TEKKALKOTA
PSI/POLICE STATION/RESPONDENT POLICE STATION. FOR THE
OFFENCES PUNISHABLE U/SEC. 78(1)(a)(6) OF KP ACT WHICH IS
PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC AT SIRGUPPA
AGAINST THE PETITIONERS. NO. 1 TO 3/ACCUSED1,2 AND 4.
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NC: 2025:KHC-D:11286
CRL.P No. 103131 of 2023
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
This petition is filed under Section 482 of Cr.PC, with a
prayer to quash the entire proceedings in C.C.No.209/2024
pending before the Court of Civil Judge & JMFC, Siruguppa,
arising out of Crime No.94/2023 registered by Tekkalkota Police
Station, Ballari District, for the offence punishable under Section
78(1)(a)(vi) of Karnataka Police Act, 1963.
2. Heard the learned Counsel for the parties.
3. Perusal of the material on record would go to show
that FIR has been registered against the accused in the present
case alleging that he was indulged in cricket betting when the
match was going on. The co-ordinate Bench of this court in
Criminal Petition No.2929/2021 in paragraph No.12 has observed
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)
NC: 2025:KHC-D:11286
HC-KAR
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."
4. In the light of the order passed by the co-ordinate
Bench which is referred to hereinabove, the proceedings initiated
against the petitioner for the aforesaid offence cannot be
sustained. Accordingly, the following order
5. Petition is allowed. The entire proceedings in
C.C.No.209/2024 pending before the Court of Civil Judge &
JMFC, Siruguppa, arising out of Crime No.94/2023 registered by
Tekkalkota Police Station, Ballari District, for the offence
punishable under Section 78(1)(a)(vi) of Karnataka Police Act,
1963, is quashed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
KK
CT:GSM
