Karnataka High Court
Rakesh K M S/O Channabasaihyya K M vs The State Of Karnataka on 11 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2025:KHC-D:11857
CRL.P No. 101420 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 11TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 101420 OF 2024
(482(CR.PC)/528(BNSS))
BETWEEN:
1. RAKESH K.M.
S/O CHANNABASAIHYYA K.M.,
AGE. 31 YEARS, OCC. COOLIE,
R/O. HALASWAMY TEMPLE,
TQ. HAGARIBOMMANHALLI,
DIST. VIJAYANAGAR.
2. AMAR D.
S/O NARAYANAPPA D. PATEGAR,
AGE. 38 YEARS, OCC. PRIVATE WORK,
R/O. SHIVAJYOTHINAGAR,
HAGARIBOMMANHALLI,
Digitally
signed by
RAKESH S
TQ. HOSPETE,
RAKESH HARIHAR
S
HARIHAR
Location:
HIGH COURT
OF
DIST. VIJAYANAGAR.
KARNATAKA
DHARWAD
BENCH
3. ABHISHEK D.
S/O NARAYANA D. PATEGAR,
AGE. 32 YEARS,
OCC. PRIVATE WORK,
R/O. SHIVAJYOTHINAGAR,
HAGARIBOMMANHALLI,
TQ. HOSPETE,
DIST. VIJAYANAGAR-583 212.
... PETITIONERS
(BY SRI. M.J. PEERJADE, ADVOCATE)
-2-
NC: 2025:KHC-D:11857
CRL.P No. 101420 of 2024
HC-KAR
AND:
THE STATE OF KARNATAKA,
THROUGH P.S.I. HAGARIBOMMANHALLI P.S.
CIRCLE, HAGARIBOMMANHALLI,
DIST. VIJAYANAGAR,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
... RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYS THAT THE COMPLAINT AND FIR IN
HAGARIBOMMANHALLI POLICE STATION CRIME NO.37/2024 OF
THE OFFENCE PUNISHABLE UNDER SECTION 78(VI) OF THE
KARNATAKA POLICE ACT 1963 R/W SECTION 420 OF THE I.P.
CODE BEFORE THE SENIOR CIVIL JUDGE AND J.M.F.C. COURT
AT HAGARIBOMMANHALLI AS AGAINST THE PETITIONERS 1 TO
3/ACCUSED NO.1 TO 3 RESPECTIVELY HEREIN BE QUASHED IN
THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR FINAL HEARING, THIS
DAY, ORDER IS MADE THEREIN AS UNDER:
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 Crime No.37/2024
pending before the Court of Senior Civil Judge & JMFC,
Hagaribommanahalli, for the offence punishable under Sections
78(vi) of the Karnataka Police Act, 1963, and Section 420 of IPC.
NC: 2025:KHC-D:11857
HC-KAR
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
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.
NC: 2025:KHC-D:11857
HC-KAR
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.37/2024 was registered for the offence
punishable under Sections 78(vi) of the K.P.Act and Section 420
of IPC. Before registration of FIR, raid was conducted and the
articles used by the accused persons for the purpose of
conducting cricket betting were seized under a panchanama.
Therefore, the investigation in the case had commenced even
prior to registration of FIR in Crime No.37/2024.
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
NC: 2025:KHC-D:11857
HC-KAR
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
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 Crime
No.37/2024 pending before the Court of Senior Civil Judge &
JMFC, Hagaribommanahalli, for the offence punishable under
NC: 2025:KHC-D:11857
HC-KAR
Sections 78(vi) of the Karnataka Police Act, 1963, and Section
420 of IPC, is quashed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
KK
CT:BCK
