Chethan Nayaka vs State Of Karnataka
2026 Latest Caselaw 2677 Kant

Karnataka High Court

Chethan Nayaka vs State Of Karnataka on 26 March, 2026

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                 CRL.P No. 4851 of 2025


            HC-KAR



                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 26TH DAY OF MARCH, 2026

                                    BEFORE
                   THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
             CRIMINAL PETITION NO. 4851 OF 2025 (482(Cr.PC) /
                                  528(BNSS))


            BETWEEN:

            1.    CHETHAN NAYAKA
                  S/O.RAVI NAYAKA
                  AGED ABOUT 32 YEARS
                  NO. 18/2, 20TH MAIN ROAD,
                  MARENAHALLI, VIJAYANAGAR,
                  BENGALURU CITY, KARNATAKA,
                  PINCODE-560040.

            2.    MANJUNATHA
                  S/O NAGAPPA,
                  AGED ABOUT 38 YEARS
Digitally
                  NO.27, 8TH CROSS,
signed by         NEAR ANJAN TALKIES,
VANAMALA
N                 MAGADI ROAD, BENGALURU CITY,
Location:         KARNATAKA, PINCODE-560023.
HIGH
COURT OF
KARNATAKA   3.    KEMPARAJU
                  S/O EESHWARAPPA
                  AGED ABOUT 39 YEARS
                  NO. 101, B.D.A APARTMENT,
                  5TH MAIN ROAD,
                  PANCHASHEELA NAGAR,
                  MUDALAPALYA, BENGALURU CITY,
                  KARNATAKA, PINCODE-560040
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4.   SHIVANANDA
     S/O SHIVALINGAYYA
     AGED ABOUT 39 YEARS
     NO.34/1, 7TH CROSS,
     AZAD NAGAR, CHAMARAJAPET,
     BENGALURU CITY,
     KARNATAKA, PINCODE-560018.

5.   HONNEGOWDA M R
     S/O RAMEGOWDA
     AGED ABOUT 42 YEARS
     NOW R/AT NO. NIL, 7TH CROSS,
     PRAKASH NAGAR,
     BENGALURU CITY, KARNATAKA,
     PINCODE-560021.

6.   RAVIKUMAR
     S/O ANNAPPA
     AGED ABOUT 50 YEARS
     NO.147/15, 1ST MAIN ROAD,
     1ST CROSS,, PEENYA,
     BENGALURU CITY,
     KARNATAKA, PINCODE-560058.

7.   SWAMY
     S/O KRISHNEGOWDA MR,
     AGED ABOUT 42 YEARS
     NO.361, 5TH MAIN ROAD,
     6TH CROSS,, G.K.W LAYOUT,
     BENGALURU CITY,
     KARNATAKA, PINCODE-560040.

8.   RAJASHEKARAIAH
     S/O BASAVARAJAPPA
     AGED ABOUT 66 YEARS
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     NO.69, MALAGALA,
     NAGARABHAVI 2ND STAGE,
     BENGALURU CITY,
     KARNATAKA, PINCODE-560072.

9.   RAMALINGEGOWDA B J
     S/O JAVAREGOWDA
     AGED ABOUT 46 YEARS
     NO.119/9, MARUTHINAGAR,
     SONNENAHALLI, BENGALURU CITY.
     KARNATAKA, PINCODE-560056.

10. LOKESH
    AGED ABOUT 48 YEARS,
    S/O DODDALINGAPPA
    NO.64 GOLLAHALLI,
    KUMBALAGUDU
    BENGALURU CITY
    KARNATAKA
    PIN CODE 560 074.

11. GALAPPA
    AGED ABOUT 46 YEARS
    S/O VENKATAPPA
    NO. NOT KNOWN,,
    HEROHALLI, MAGADI
    MAIN ROAD.
    BENGALURU CITY,
    KARNATAKA, PINCODE-560023.

12. PRAKASHACHARI
    S/O KANTHACHARI
    AGED ABOUT 39 YEARS
    NO.47, 2ND CROSS,
    RAJ MAHAL VILAS, ARAMANE NAGAR,
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    SADASHIVANAGAR,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560091.

13. NAVEEN KUMAR
    S/O BOREGOWDA
    AGED ABOUT 44 YEARS
    NO.32, 2ND MAIN ROAD,
    MAHADESHWARANAGAR,
    HEROHALLI,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560023.

14. VASANTH KUMAR
    S/O RAMACHANDRAPPA
    AGED ABOUT 49 YEARS
    NO.234, 2ND CROSS,
    MARUTHINAGAR, SONNENAHALLI,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560056.

15. KAMAL PUNJABI
    S/O HARICHAND
    AGED ABOUT 40 YEARS
    NO.19/10,
    NAGAPPA STREET,
    PALACE GUTTAHALLI,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560003.

16. BHOOPATHI
    S/O KESHAVULU NAIDU
    AGED ABOUT 44 YEARS,
    NO. 184,, PULLURU,
    MOTURU, THIRUVANNAMALAI,
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    TAMILNADU, 606752.

17. RAGHU
    S/O VARADAN
    AGED ABOUT 50 YEARS
    NO.G-6, 55 RESIDENCY,
    KODIGEHALLI,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560091.

18. SURESH
    S/O SANNAYYA
    AGED ABOUT 50 YEARS.
    NO.112/1, 14TH CROSS,
    CHOLARAPALYA, K.P.AGRAHARA,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560023.

19. GANGADHAR
    S/O MALLAYYA
    AGED ABOUT 41 YEARS
    NO.NIL, BYALALU,
    DODDA ALADAMARA,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560060.

20. RAVIKUMAR
    S/O GIRIYAPPA
    AGED ABOUT 58 YEARS
    MANIKANTESHWARA NILAYA,
    NEAR RAJAKUMAR SAMADHI,
    NANDINI LAYOUT,
    BENGALURU CITY,
    KARNATAKA, PINCODE-56009.
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21. SHIVAKUMAR S
    S/O SUBRAHMANI
    AGED ABOUT 51 YEARS
    NO. 174, 1ST MAIN ROAD,
    NEAR NALANDA TALKIES,
    AZAD NAGAR,
    BENGALURU CITY
    KARNATAKA, PINCODE-560018.

22. MANJUNATHA
    S/O LINGEGOWDA
    AGED ABOUT 41 YEARS
    NO.118, 5TH CROSS,
    BAGALAGUNTE,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560073.

23. JAVAREGOWDA
    S/O CHIKKA KALEGOWDA
    AGED ABOUT 55 YEARS
    R/AT NO. 128/1, 5TH CROSS,
    5TH MAIN ROAD,
    CHOWDESHWARINAGAR,
    LAGGERE,
    BENGALURU CITY.
    KARNATAKA, PINCODE-560058.
    ADDRESS MENTIONED AS PER FIR

24. RAMESH
    S/O RAMANJULU
    AGED ABOUT 46 YEARS
    NO.NOT KNOWN,
    MALAGALA, NAGARABHVI,
    BENGALURU CITY.
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    KARNATAKA,
    PINCODE-560072.

25. ANAND
    S/O NARASANNA
    AGED ABOUT 52 YEARS
    NO.NIL,
    NEAR LAKSHMI TEMPLE,
    HEROHALLI,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560091.

26. SURESH
    S/O HONNEGOWDA
    AGED ABOUT 46 YEARS
    NO.42, 3RD CROSS,
    PATTEGARAPALYA,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560079.

27. KODANDARAMA A
    S/O LATE ANDANAPPA B
    AGED ABOUT 55 YEARS
    NO.279, 10TH CROSS,
    VIJAYANAGAR,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560040
    ADDRESS MENTIONED AS PER FIR.

28. KAMALESH
    S/O NARAYANASWAMY
    AGED ABOUT 49 YEARS
    NO. 22, 2ND CROSS,
    KALYANANAGAR,
    NAGARABHAVI MAIN ROAD,
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    BENGALURU CITY,
    KARNATAKA, PINCODE-560 272.

29. MURTHY
    S/O RAMANNA
    AGED ABOUT 46 YEARS
    NO.NIL, 3RD CROSS,
    ANDHRAHALLI, BENGALURU CITY,
    KARNATAKA, PINCODE-560091.

30. RAMESH
    S/O SANGAPPA
    AGED ABOUT 46 YEARS
    NO.04, 1ST MAIN ROAD,
    LAGGERE, BENGALURU CITY,
    KARNATAKA, PINCODE-560058.

31. JAGADISHA M V
    S/O VENKATAPPA G
    AGED ABOUT 53 YEARS,
    NOW R/AT NO.40,
    MAHADESHWARANAGAR,
    BENGALURU CITY, KARNATAKA,
    PINCODE-560091
    ADDRESS MENTIONED AS PER FIR.

32. DEVARAJ
    S/O DODDAIAH
    AGED ABOUT 36 YEARS
    NO.528, CHORD ROAD,
    NEAR SHANIMAHATHMA TEMPLE,
    BENGALURU CITY, KARNATAKA,
    PINCODE-560086.
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33. RAMESH
    S/O SHYAMDEV PASVAN
    AGED ABOUT 41 YEARS
    NO.NIL, 5TH CROSS,
    LAVAKUSHANAGAR,
    BENGALURU CITY, KARNATAKA.

34. PRANESH
    S/O CHANNEGOWDA
    AGED ABOUT 42 YEARS
    NO.12-E, 1ST CROSS,
    ANDHRAHALLI, BENGALURU CITY,
    KARNATAKA, PINCODE-560100.

35. NARASIMHAMURTHY
    S/O VENKATACHALAIAH
    AGED ABOUT 49 YEARS
    NO.176, NELAMANGALA MAIN ROAD,
    BENGALURU CITY,
    KARNATAKA, PINCODE-562123.

36. RAMESH
    S/O NARASIMHAYYA
    AGED ABOUT 44 YEARS
    NO.NIL, 17TH CROSS,
    10TH MAIN ROAD,
    NARASIMHAIAH COMPOUND,
    PADARAYANAPURA, BENGALURU CITY,
    KARNATAKA, PINCODE-560026.

37. CHANDRA
    S/O CHANDRAPPA
    AGED ABOUT 59 YEARS
    NO.NIL, 1ST CROSS, KARNATAKA,
    PINCODE-560086
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    OPP. TO GANESH BHAVAN,
    KAVERIPURA,
    BENGALURU CITY.

38. CHANDRAKUMAR
    S/O MUNIYAPPA
    AGED ABOUT 34 YEARS
    NO.17, 1ST MAIN ROAD,
    SUNKADAKATTE,
    BENGALURU CITY,
    KARNATAKA, PINCODE-577217.

39. ANJANEYA
    S/O FAKIRAPPA
    AGED ABOUT 50 YEARS
    NO.368, 2ND CROSS,
    NEAR SHIVANAMURTHY TEMPLE,
    ANDHARAHALLI,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560091.

40. OWNER
    KARNATAKA STATE RETIRED
    EMPLOYEES CULTURAL SPORTS,
    AND RECREATION CLUB,
    NO.201, SAMPIGE LAYOUT,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560079.

41. CHAIRMAN
    KARNATAKA STATE RETIRED
    EMPLOYEES CULTURAL SPORTS,
    AND RECREATION CLUB,
    NO.201, SAMPIGE LAYOUT,
    BENGALURU CITY,
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     KARNATAKA,
     PINCODE-560079.

42. DIRECTORS
    KARNATAKA STATE RETIRED
    EMPLOYEES
    CULTURAL SPORTS, AND
    RECREATION CLUB,
    NO.201, SAMPIGE LAYOUT,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560079.

43. SECRETARIES
    KARNATAKA STATE RETIRED
    EMPLOYEES CULTURAL SPORTS,
    AND RECREATION CLUB,
    NO.201, SAMPIGE LAYOUT,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560079.

44. MANAGER
    KARNATAKA STATE RETIRED
    EMPLOYEES CULTURAL,
    SPORTS, AND RECREATION CLUB,
    NO.201, SAMPIGE LAYOUT,
    BENGALURU CITY,
    KARNATAKA, PINCODE-560079.
                                           ...PETITIONERS
(BY SRI. HANUMANTHARAYA D.,ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     BY GOVINDRAJA NAGAR POLICE SATION
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     REPRESENTED BY SPP OFFICE,
     HIGH COURT OF KARNATAKA,
     BANGALORE 560001.

2.   MAHESH BAYAKUD
     POLICE SUB INSPECTOR,
     GOVINDARAJA NAGAR POLICE STATION,
     SARASWATINAGAR, BENGALURU CITY,
     KARNATAKA-560040.
                                           ...RESPONDENTS
(BY SRI.CHANNAPPA EARAPPA., HCGP)



      THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528

BNNS) PRAYING TO QUASH THE IN CC NO.6081/2024, OF THE

RESPONDENT GOVINDRAJANAGAR POLICE STATION PENDING

ON THE FILE OF JUDICIAL MAGISTRATE FIRST CLASS (TRAFFIC

COURT-II) BANGALORE FOR THE O/P/U/S 79 AND 80 OF K.P

ACT,1963.


      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:




CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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                          ORAL ORDER

Heard the learned counsel Sri. Hanumantharaya D,

appearing for the petitioners, Sri. Channappa Earappa, the

learned HCGP appearing for respondent No.1 and have perused

the material on record.

2. The petitioners are before this Court, seeking the

following prayer:

"Quash the C.C.No. 6081/2024, of the Respondent Govindrajanagar Police Station pending on the file of Judicial Magistrate first class (Traffic Court-II), Bangalore, for the offence punishable u/s 79 & 80 of KP, ACT, 1963."

3. Learned counsel appearing for the petitioners would

submit that the issue in the lis stands covered by the judgment

rendered by this Court in Crl.P.No.6777/2024 disposed on

15.07.2024, wherein it has held as follows:

"The petitioner is before this Court calling in question registration of a crime in Crime No.171/2023 and the proceedings in C.C.No.8443/2023, pending before the IV Metropolitan Magistrate Traffic Court, Bengaluru, registered for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963.

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2. Heard Smt. Aditi, learned counsel for Sri Ajay Govindraj, learned counsel for petitioner and Sri Harish Ganapathi, learned High Court Government Pleader for the respondent No.1.

3. The learned counsel for the petitioner submits that the issue in the case at hand stands covered by the judgments rendered by the co-ordinate benches of this Court in Crl.P.No.100877/2014, disposed on 13.06.2014, which read as follows:

"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) K.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;

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"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 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".

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and in criminal revision petition No.100031/2014, disposed on 03.03.2015, it is held as follows:

"This revision petition is filed under Section 397 read with Section 401 of Cr.P.C. by the State, aggrieved by the order passed by the learned Magistrate in releasing the interim custody of the cash amount in favour of accused No.2/ respondent No.2.

2. Succinctly stated, the P.S.I. of Honnavar Police Station charge sheeted the respondents for the offence punishable under Section 87 of K.P. Act. The accused were on bail. During the raid the Investigating Officer had seized cash of Rs.34,468/-, which is alleged to be the gaming money. Respondent No.2 moved an application under Section 457 of Cr.P.C. for release of the said amount. The application was contested by the prosecution. The court below allowed the application and released the interim custody of cash amount in favour of the applicant / respondent No.2 on executing an indemnity bond for Rs.50,000/- with one surety for the likesum. However, care was taken by the court below by directing accused No.1 to assist the C.M.O. of the Court to take the photographs of the currency notes at his cost.

3. Learned counsel for the petitioner - State submits that the trial Court has lost sight of the fact that the amount was seized while the accused were indulged in playing Andar Bahar.

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In the event prosecution successfully proves its case, said money is liable to be confiscated to the State Government. The court had acted on the fabricated documents produced by the accused No.2 projecting that the money belong to Srikumar Roadlines, under whom he was employed. Though the prosecution had disputed the said document without probing about the veracity of the document, the trial Court has hurriedly released the interim custody of the cash amount. In fact the said cash amount is required to be marked in evidence during the trial. The currency notes are not perishable in nature and there was no dire necessity to release the interim custody of the cash amount in favour of second applicant. The accused No.5 has pleaded guilty and was imposed fine, that strengthens the case of prosecution. In the judgment of this Court reported in 1993 CRL.L.J. 3109 in the case of T. Narayanaswamy vs. State and Others, it has been held that release of money seized for the interim custody is bad in law. Hence, the impugned order is liable to be set aside.

4. In reply, Sri Anoop G. Deshpande, learned counsel for R1 to R4 and R6 to R7 submits that the impugned order being in the nature of interlocutory order is not amenable to the revision jurisdiction. Hence, the very petition itself is not maintainable. In fact, the money seized was not the gaming money, but it belongs to his employer Srikumar Roadlines and the court below having satisfied about his contention was pleased to

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release the interim custody to his possession. However, the interest of State is protected by directing him to execute the indemnity bond for Rs.50,000/- with one surety for the likesum. Even the interest of the prosecution about the identification of the currency notes is also taken care by directing him to assist the C.M.O. of the Court at his cost in taking photographs of the currency notes.

5. Respondent No.5 is served and not represented.

6. As regards the first contention about the maintainability of the revision petition, by a catena of judicial pronouncements of this Court and other High Courts, it is held that the release of interim custody of the seized property is the nature of adjudication of the rights of the parties in reference to the said property. The said order is amenable for revision jurisdiction under Section 397 of Cr.P.C. Hence, there is no merit in the contention that this petition is not maintainable.

7. As regards the merit of the impugned order is concerned, the court below being convinced with a certificate produced by the second applicant issued by his employer Srikumar Roadlines and also daily enquiry report dated 14.11.2012 has inferred that he is an employee of the said Roadlines. Keeping open the question of the ownership of the seized property / cash amount in question the court below has ordered interim

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custody by taking the photographs of currency notes and also by calling upon the applicant to execute the indemnity bond of Rs.50,000/- with one surety for the likesum.

8. Under the circumstances, I hold that the impugned has not prejudiced the case of the State and it is not illegal. The grounds urged by the State lacks merits and does not call for interference of this Court. Accordingly, petition is rejected".

In the light of the afore-extracted judgments rendered by the co-ordinate benches of this Court and in the facts obtaining in the case at hand, which covers the issue on all its fours, I deem it appropriate to quash the proceedings, qua the petitioner.

4. For the reasons aforementioned, the following:

ORDER

(i) The Criminal Petition is allowed.

(ii) The impugned Crime No.171/2023 and the proceedings in C.C.No.8443/2023, pending before the IV Metropolitan Magistrate Traffic Court, Bengaluru, stand quashed.

I.A.No.1/2024 stands disposed, as a consequence."

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4. In the light of the order passed by this Court

(supra) and for the reasons aforementioned, the following:

ORDER

(i) The Criminal Petition is allowed.

(ii) The proceedings in C.C.No.6081/2024

pending before Judicial Magistrate First Class

(Traffic Court-II) Bangalore, stand quashed,

qua the petitioners.

Sd/-

(M.NAGAPRASANNA) JUDGE

AN/-