Karnataka High Court
Dattusa Alias Dattu S/O Ramachandrasa ... vs The State Of Karnataka on 16 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:12166
CRL.P No. 103738 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103738 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
DATTUSA @ DATTU
S/O RAMACHANDRASA SALUNKE,
AGE. 47 YEARS, OCC. MECHANIC,
R/AT: JANATA COLONY, ARVIND NAGAR,
OLD HUBBALLI, HUBBALLI,
DIST. DHARWAD-580 024.
... PETITIONER
(BY SRI. GOURISHANKAR MOT, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
HUBBALLI TOWN POLICE STATION, HUBBALLI,
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT: DHARWAD-580 011.
... RESPONDENT
Digitally
signed by
RAKESH S
RAKESH HARIHAR
S Location:
HIGH COURT
HARIHAR OF (BY SMT. GIRIJA S. HIREMATH, HCGP)
KARNATAKA
DHARWAD
BENCH
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE
ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.2/PETITIONER IN
HUBBALLI TOWN POLICE STATION CRIME NO.13/2025 PENDING ON
THE FILE IN C.C. NO.461/2025 ON THE FILE OF JMFC-I COURT, AT:
HUBBALLI FOR THE OFFENCES PUNISHABLE UNDER SECTION 78(3) OF
K.P. ACT, IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER
IS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:12166
CRL.P No. 103738 of 2025
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.461/2025
pending before the Court of JMFC-I, Hubballi, arising out of
Crime No.13/2025 registered by Hubballi Police Station, for the
offence punishable under Section 78(3) 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 of T-20 Big
Bash League 2024 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 the
basis of the report dated 22.01.2025 submitted by the first
informant who is the Police Officer attached to Hubballi Town
Police Station, Dharwad city. FIR in Crime No.13/2025 was
registered against accused No.1 for the aforesaid offence. Prior
to the registration of FIR, a requisition was submitted before the
jurisdictional Magistrate and on the basis of the said requisition,
the learned Magistrate having found that the alleged information
would form an offence under Section 78 of the Act, which is a
non-cognizable offence, has proceeded under Section 155(2) of
Cr.PC granting permission to register the FIR and investigate the
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same. FIR has been registered for the offence punishable
under Section 78(3) of the Act. Investigation in the case is
completed and charge sheet has been filed.
6. 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.
7. Under the circumstances, I am of the opinion that if
the impugned criminal proceedings is allowed to continue, the
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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.461/2025 pending before the Court of JMFC-I, Hubballi,
arising out of Crime No.13/2025 registered by Hubballi Police
Station, for the offence punishable under Section 78(3) of
Karnataka Police Act, is quashed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
KGK
CT:BCK
