Karnataka High Court
Manju Alias Manjunath S/O. Mallayya ... vs The State Of Karnataka on 18 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 102834 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 18TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 102834 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
MANJU @ MANJUNATH
S/O. MALLAYYA DHUPADA,
AGE. 31 YEARS, OCC. LABOURER,
R/AT: GUDNEPPAMATHA,
TQ. KUKNOOR,
DIST. KOPPAL-583 232.
... PETITIONER
(BY SRI. GOURISHANKAR MOT, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
KUKNOOR POLICE STATION, KOPPAL,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
Digitally
signed by
AT: DHARWAD-580 011.
... RESPONDENT
RAKESH S
RAKESH HARIHAR
S Location:
HIGH
HARIHAR COURT OF
KARNATAKA
DHARWAD
BENCH
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH
ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1/PETITIONER
IN KUKNOOR P.S. CRIME NO.115 OF 2023 WHICH IS REGISTERED
IN C.C. NO.470/2024 ON THE FILE OF CIVIL JUDGE AND JMFC, AT:
YELBURGA FOR THE OFFENCES PUNISHABLE UNDER SECTION 87
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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CRL.P No. 102834 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused No.1 in Crime No.115 of 2023 registered
by Kuknoor Police Station, Koppal District, for offence
punishable under Section 87 of the Karnataka Police Act,
1963 has approached this Court in this petition filed under
Section 528 of BNSS, 2023, with a prayer to quash the
entire proceedings in the aforesaid case, as against him.
2. FIR in Crime No.115 of 2023 was registered by
Kuknoor Police Station, Koppal District for the aforesaid
offence against the petitioner herein, based on the first
information dated 14.11.2023 received from Gururaj T.,
Police Officer, attached to Kukanoor Police Station, Koppal.
Assailing the correctness of the same, the petitioner, who is
arrayed as accused No.1 in the FIR, is before this Court.
3. Learned counsel for the petitioner submits that
the allegation against the accused in the present case is
that he was indulged in playing game of andar bahar in a
public place. The game of andar bahar has been considered
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as a game of skill by this Court and therefore, registration
of FIR for the aforesaid offence is bad in law. He has placed
reliance on multiple judgments of this Court, which has time
and again said that game of andar bahar is a game of skill
and not a game of chance.
4. Per contra, learned HCGP has opposed the
petition.
5. The allegation against the petitioner in the first
information is that, on 13.11.2023 he was found playing the
game of andar bahar with other accused in a public place.
6. The Police conducted a raid to the aforesaid
place, apprehended the accused herein and others and also
had recovered a sum of ₹8,650/- along with the pack of
cards and thereafter, the FIR was registered against the
apprehended accused for the aforesaid offences.
7. This Court in Criminal Petition No.1997 of 2021,
in paragraph Nos.7 to 9 has observed as follows:
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"7. It is the case of the prosecution that the petitioners
and other members of the club who were present at the time
of raid were indulged in playing the game of cards which is
known as Andhar Bahar. This Court in Crl.P.No.9298/2017
disposed of on 30.01.2018, has observed in paragraphs 5 &
6 as under:
5. In another decision reported in Eranna and
others Vs. State of Karnataka [1977(1) Kar.L.J.
274], this court has observed that,-
"Unless the prosecution proved, how the game
of 'Andar Bahar' is played and in what manner
bettings are recorded, it could not be inferred that it
was a pure and simple game of chance and not a
game of skill".
6. This court also observed in the said case that,
though the persons were plaing the game called
'Andar Bahar' in a private house or at a public house,
the court interpreting the provisions of Section 2(3)
of K.P.Act referring to the definition of 'Common
Gaming House', has observed that, though the
persons were playing 'Andar Bahar' inside their
house for that reason only it cannot be called as a
common gaming house. When no complaint has
been filed by anybody that the said house has been
converted into a common gaming house at any point
of time. Merely on the ground as an isolated
circumstance, if some persons or the inmates of the
house were playing 'Andar Bahar', at any stretch of
imagination, it cannot be said that the said house
can be called as 'Common Gaming House'."
8. In Crl.P.No.200807/2017 (Ramu & others Vs The
State), the co-ordinate bench of this Court, has held in
paragraph 8 as under:
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"8. The third contention which has been raised
by the learned counsel for the petitioners are that,
though the charge sheet has been laid against the
petitioners, there is nothing to demonstrate that the
petitioners-accused were playing Andar Bahar and it
is a game of chance. As could be seen from the
records, no where the material indicates the type of
game, which they are intending to play or played.
Even the complaint and other material indicates that
at a distance by hiding near the temple, the police
officials and the other witnesses have seen that, two
groups have been sat around and they were playing
immediately, thereafter they have made a raid. In
order to say that the petitioners were playing Andar
Bahar, the prosecution has to prove how the game of
Andar Bahar is played and in what manner the
betting are recorded and how that the play was
going on. Only by seeing at a distance, it could not
been inferred that poor and simple game and no
game of skill.
If any betting was registered and even if any pledge
of movables was made in spite of the betting that
itself did not constitute a game of skill into a game of
chance. If the entire material if it is perused, it was
not clearly proved that the accused persons were
playing Andar Bahar and it is a game of chance and
as such it is not going to attract the provisions of
Sections 78 and 80 of the Act. This, proposition of
law has been laid down in the case of Eranna & Ors.
Vs. State of Karnataka reported in 1977(1)
Karnataka Law Journal page 274. When once all the
material, which has been produced and if it does not
forthcoming to show that the said game, which was
intended to be or which was played was a game of
chance and was not a game of skill involved in that
game, under such circumstances the proceedings
which have been initiated by virtue of filing the
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charge sheet appears to be not sustainable in law
and the same are liable to be quashed.
Keeping in view the above said facts and
circumstances of the case, the petition is allowed and
proceedings initiated against the petitioners in
C.C.No.227/2016, pending on the file of Civil Judge
and JMFC, Shahabad is hereby quashed."
9. Taking into consideration the aforesaid
pronouncements rendered by this Court, I am of the view
that even in the present case, admittedly the cards game
which was being played by the petitioners being Andar
Bahar, unless the prosecution specifies as to how the said
game is a game of chance and not a game of skill,
registration of criminal case as against the members of the
club cannot be sustained. Further, as held in Eranna's case
(supra), admittedly there is no complaint by any private
party that the club premises was being used as a common
gaming house."
8. In Criminal Petition No.200052 of 2016, disposed
off on 30.03.2016, in paragraph No.3, it has observed as
follows:
"3. xxx However, the learned counsel for the
petitioners strenuously contends that playing cards in a
private house or in a private property does not amount to
playing any game either of skill or playing game of chance in
a gaming house. Therefore, it does not fall under the
category of the offences under sections 79 and 80 of the
Karnataka Police Act. Further he submits that playing the
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game of 'Andhar-Bahar', it cannot be said that the said
game is a game of chance, but it is consistently held by this
Court that the said game is a game of skill. When the game
of skill is stated to have been played there is no question of
police initiating any proceeding and proceed with the
investigation for the offences punishable under sections 79
or 80 of the Karnataka Police Act. In this regard it is seen
that this Court has early in the year 1977 between Eranna
and others Vs. State of Karnataka reported 1977(1)
Karnataka Law Journal wherein this Court has held that the
charge against the accused were they were found playing
'Andhar-Bahar' in a club and that Andhar-Bahar is a game of
chance, held Unless the prosecution proves how the game of
Andhar-Bahar is played and in what manner bettings are
recorded, it could not be inferred that it was a pure and
simple game of chance and not a game of skill."
9. This Court in Criminal Petition No.101883 of
2025 disposed off on 15.05.2025, in paragraph Nos.4 and 5
has observed as follows:
"4. Learned counsel for the petitioners submits that
the facts involved in this petition is squarely covered by
the decision of this Court in the case of Eranna & Ors. Vs.
State of Karnataka¹, which is subsequently relled by Co-
ordinate Bench of this Court in several criminal petitions.
One such petition is Crl. P. No.100877/2014, [
Ramakrishna & Others Vs. The State of Karnataka and
Another, disposed of on 13.06.2014]. The Co- ordinate
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Bench, in its order passed in the above criminal petition,
at paragraphs 5 and 6 has held as under:
"5. On analysing the above said provision
of law, this Court has rendered a decision
reported In 1971(2) Mys. L.J. 187 in the case
of Chickarangappa & Others Vs. State of
Mysore and another decision reported in 1977
(1) Κ.L.J. 274 In the case of Eranna Vs. State
of Karnataka, which decisions declare that,
"playing 'Andar Bahar' is a game of skill and not
mere a game of chance and therefore, the
offence punishable under Section 79 and 80 of
the Act are not attracted".
6. In the ruling reported in 1977 (1)
K.L.J. 274 (supra), this Court has categorically
held that, game of 'Andar Bahar' is not a game
of chance. The facts are also little bit relevant
as quoted in the said case. At paragraph 7 of
the said judgment, it is stated that;
"In this view of the matter, the essential
ingredient of the offence was not proved.
It could not be established that the
petitioner accused were playing a game
of chance and one does not know how
the game 'Andar Bahar' is actually played
with the assistance of cards. Even if any
betting was resorted to and even if any
pledge of moveables was made in
support of that betting, that by itself did
not convert a game of a skill into a game
of chance. At any rate it was not
categorically proved that 'Andar Bahar' is
a game of chance and that these accused
were playing that game. They were not
covered under the definition of gaming in
a common house. Since the institution
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where the accused were found playing
the game with cards is a club, it is not
unusual that cards are played in a club,
and it may even be that some betting
was also being done. These facts by
themselves never proved that a game of
chance was being played or that no skill
was involved in that game so that it
could be considered to be a mere game
of chance. It is manifest that a game of
skill would not be held to be gambling for
the purpose of the Act. In this view of
the matter, no offence under Sections 79
and 80 of the Karnataka Police Act, 1963
was made out against the petitioners.
Hence the conviction of sentence was set
aside".
5. In the light of the decision of this Court rendered
in the case of Eranna & Ors. (supra), the issue stands
resolved and no more an res integra, and this Court
deems it appropriate to quash the proceedings qua the
petitioners herein."
10. From the aforesaid orders passed by this Court,
it is very clear that the Police could not have registered the
case against the petitioner for offence punishable under
Section 87 of the Karnataka Police Act, on the allegation
that he was indulged in playing the game of andar bahar in
public place.
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11. Under the circumstances, I am of the opinion
that the prayer made by the petitioner in this petition needs
to be granted. Accordingly, the following:
ORDER
i. Criminal petition is allowed.
ii. The entire proceeding in Crime No.115 of
2023 registered by Kuknoor Police Station,
Koppal District, for offence punishable under
Section 87 of the Karnataka Police Act, 1963
is quashed as against the petitioner.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
RSH / CT:BCK
