Karnataka High Court
Shri Prasanna Kabadi S/O Shrirangasa vs The State Of Karnataka on 9 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11669
CRL.P No. 102977 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 102977 OF 2024
(482(CR.PC)/528(BNSS))
BETWEEN:
SHRI PRASANNA KABADI S/O SHRIRANGASA,
AGE. 31 YEARS, OCC. BUSINESS,
R/AT: BASAVESHWAR ROAD,
JAVALA GALLI, VTC, GADAG.
... PETITIONER
(BY SRI. VINOD S. SHINGADE, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
CEN POLICE STATION, GADAG,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT: DHARWAD.
... RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
Digitally
signed by
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
RAKESH
RAKESH S
HARIHAR CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE
S Location:
HARIHAR
HIGH
COURT OF COGNIZANCE DATED 19.08.2021 AND FURTHER PROCEEDING
KARNATAKA
DHARWAD
BENCH
AGAINST THE ACCUSED/PETITIONERS NO.6 AND 7 AS FILED BY
TOWN POLICE STATION, GADAG IN CRIME NO.01/2020 WHICH IS
SUBSEQUENTLY REGISTERED IN C.C. NO.2426/2021 PENDING
BEFORE THE I ADDL. CIVIL JUDGE AND J.M.F.C. AT: GADAG FOR THE
OFFENCES PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA
POLICE ACT 1963, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS
MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:11669
CRL.P No. 102977 of 2024
HC-KAR
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.2426/2021
pending before the Court of I Addl. Civil Judge & JMFC, Gadag,
arising out of Crime No.1/2020 registered by Gadag CEN Crime
Police Station, Gadag District, for the offence punishable under
Sections 78(1)(a)(vi) & 87 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)
where it is observed that betting is to be legalized. It was
argued by the respondent that betting amounts to gaming
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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.
5. The material on record would go to show that on
receipt of the credible information, the first informant and his
staff had conducted raid to the alleged spot and had seized the
money that was used for the purpose of cricket betting. The
other articles which were used for cricket betting were also
seized and subjected to panchanama and thereafter, the seized
articles were brought to the police station and subsequently, the
FIR in Crime No.1/2020 was registered for the offence
punishable under Sections 78(1)(a)(vi) & 87 of the K.P.Act.
Before registration of FIR, raid was conducted and the articles
used by the accused persons for the purpose of conducting
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HC-KAR
cricket betting were seized under a panchanama. Therefore, the
investigation in the case had commenced even prior to
registration of FIR in Crime No.1/2020.
6. Undisputedly, the alleged offence is a non-cognizable
offence, and therefore, compliance of Section 155(2) of Cr.PC,
becomes mandatory in the present case. The order passed
under Section 155(2) of Cr.PC, is not part of the order sheet
maintained by the Trial Court in the present case. The coordinate
bench of this Court in the case of VAGGEPPA GURULINGA
JANGALIGI VS THE STATE OF KARNATAKA - ILR 2020 KAR 630,
has observed that the order passed under Section 155(2) of
Cr.PC, shall form part of the order sheet in which further
proceedings is required to be continued by the Trial Court. In the
said case, it is also observed that the learned Magistrate while
passing the order under Section 155(2) of Cr.PC, shall specify
the rank and designation of the police officer who is required to
investigate the case. In the present case, the order passed
under Section 155(2) of Cr.PC, does not indicate or specify the
police officer who is required to investigate the case. In the
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present case, there is no material to show that the order passed
under Section 155(2) of Cr.PC, is part of the order sheet.
7. Under the circumstances, I am of the opinion that if
the impugned criminal proceedings is allowed to continue, the
same would amount to abuse of process of the court.
Accordingly, the following order:
8. Petition is allowed. The entire proceedings in
C.C.No.2426/2021 pending before the Court of I Addl. Civil
Judge & JMFC, Gadag, arising out of Crime No.1/2020 registered
by Gadag CEN Crime Police Station, Gadag District, for the
offence punishable under Sections 78(1)(a)(vi) & 87 of
Karnataka Police Act, 1963, is quashed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
KK
CT:BCK
