- 1 - NC: 2025:KHC:11371 WP No. 7609 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 7609 OF 2025 (GM-RES) BETWEEN: 1. UMASHANKAR S/O GANGAIAH AGED ABOUT 60 YEARS R/T NO. 11, JAKKUR ROAD, SAHAKARNAGAR, BENGALURU-560 092 2. SUBRAMANYA ACHAR S/O LATE RACHUTACHAR AGED ABOUT 65 YEARS R/A, NO. 203, 12TH CROSS, YELAHANKA NEW TOWN, BENGALURU- 560 064 3. MURALI DIVIN ALIAS MURALI TANGAPPA NAIR S/O TANGAPPA NAIR AGED ABOUT 49 YEARS R/T 406, HOYSALA BHAVAN CHIKKASANNE, BENGALURU RURAL- 562 110 4. MUNIKRISHNAPPA S/O LATE CHANAPPA AGED ABOUT 65 YEARS R/T NO. 772, 7TH A CROSS, KK HOSPITAL A SECTOR YELAHANKA NEW TOWN BENGALURU -560 064 5. SRIDHAR Y.R., S/O RAMAKRISHNAPPA Y.H. AGED ABOUT 54 YEARS R/T NO.62, GKVK SHIVANAHALLI, YELAHANKA Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11371 WP No. 7609 of 2025 BENGALURU -560 064 6. NANJUNDAPPA S/O NARAYANAPPA AGED ABOUT 70 YEARS R/T. 175, 3RD MAIN ROAD, 2ND CROSS, SANJAYNAGAR BENGALURU- 560 094 7. LAKSHMIKANTH REDDY S/O V.CHINNA NARSI REDDY AGED ABOUT 60 YEARS R/T 301, SREE HOME APTS, 5TH ROAD, SKD COLONY, KURNOOL ANDRA PRADESH- 518 301 8. VIJAY KUMAR S/O LATE B.RAMAIAH AGED ABOUT 73 YEARS R/T 351, 21ND MAIN ROAD, 29TH CROSS, JUDICIAL LAYOUT, GKVK BENGALURU -560 065 9. D.M.NARAYANA SWAMY S/O LATE MUNIYAPPA AGED ABOUT 63 YEARS R/T 503, SAPTHAGIRI NILAYA 18TH MAIN ROAD, JUDICIAL LAYOUT, YALAHANKA BENGALURU -560 064 10. NARASIMHA MURTHY S/O GANGAREDDY AGED ABOUT 53 YEARS R/T 356, ADDE VISHWANATHAPURA, RAJANKUNTE BENGALURU -560 064 11. RAJAPPA H.V., S/O H.C. VEERABADRAPPA AGED ABOUT 53 YEARS R/T 42, KONDAPPA GARDEN, MARUTHINAGAR, YALAHANKA BENGALURU -560 064 12. DR. N. KANTHARAJU S/O K.NARAYANA SWAMY - 3 - NC: 2025:KHC:11371 WP No. 7609 of 2025 AGED ABOUT 57 YEARS R/T MYLANAHALLI, P.O., BANDIKODIGENAHALLI BENGALURU – 562 149 13. ARAVIND S/O MUNIRAJ T., AGED ABOUT49 YEARS R/T. 1004, NEW BEL ROAD, NEAR RAMAIAH HOSPITAL, DEVASANDRA BENGALURU – 560 054 14. UDAY SHETTY S/O T.NARAYANA SHETTY AGED ABOUT 75 YEARS R/T33, SFS-208, OPPOSITE MOTHER DIARY, YALAHANKA, BENGALURU -560 064 15. SURESH KUMAR S/O KRISHNAPPA AGED ABOUT 64 YEARS R/T 705, 5TH CROSS, 15TH MAIN, A SECTOR, YELAHANKA BENGALURU -560 064 16. DEVARAJU S/O JAYARAM AGED ABOUT 70 YEARS R/T 59/A, 10TH A CROSS, A SECTOR, YEALAHANKA BENGALURU -560 064 17. RAVINDRA S/O K.B.MARI GOWDA AGED ABOUT 62 YEARS R/T 217, 2ND A CROSS, 6TH BLOCK, BEL LAYOUT, VIDYARANYAPURAM BENGALURU -560 097 18. RAVI KUMAR S/O R.SOMASHEKAR AGED ABOUT 48 YEARS R/T NO.2, JAKKUR ROAD, OPPOSITE VDB APPARTMENT - 4 - NC: 2025:KHC:11371 WP No. 7609 of 2025 SHIVANAHALLI BENGALURU- 560 064 19. RANGASWAMY S/O KRISHNE GOWDA AGED ABOUT 45 YEARS R/T NO.28, 1ST CROSS, SSA ROAD, CHOLANAYAKANAHALLI BENGALURU -560 064 20. H.K. MUNE GOWDA S/O C.KEMPAIAH AGED ABOUT 70 YEARS R/T 1537, 1ST MAIN, JUDICIAL LAYOUT, GKVK BENGALURU -560 065 21. RAMESH S/O LATE C.K. CHIKANNA AGED ABOUT 58 YEARS R/AT 21, 2ND CROSS, YELAHANKA NEW TOWN, GKVK BENGALURU -560 065 22. B.M. KRISHNAPPA S/O MUNIVENKATAPPA AGED ABOUT 53 YEARS R/T 73/74, 1ST MAIN ROAD, 6TH CROSS, YELAHANKA, GKVK BENGALURU -560 065 23. ANANDA MURTHY S., S/O LATE A.V. RAMAIAH AGED ABOUT 49 YEARS R/T 120, MADURE HOBALI BENGALURU RURAL-561 203 24. SHIVANNA S/O VEERANNA AGED ABOUT 58 YEARS R/T 18, SBT LAYOUT, YEALANKA CIRCLE BENGALURU -560 064 25. MUNICHANNA KESHAVA S/O SHIVASHANKAR - 5 - NC: 2025:KHC:11371 WP No. 7609 of 2025 AGED ABOUT 56 YEARS R/T 1041, OLD MIDDLE SCHOOL ROAD YALAHANKA BENGALURU -560 064 26. NAGARAJ GOWDA S/O Y.A.SHANKRAPPA AGED ABOUT 62 YEARS R/T 1333/A, 2ND MAIN, NEAR DEEKSHA HOSPITAL YALAHANKA, BENGALURU – 560 064 27. THIPPE SWAMY S/O LATE G.S. KRISHNAMURTHY AGED ABOUT 65 YEARS R/T C2-143, LIG-702 HOUSES 1ST B MAIN ROAD, 2ND CROSS, YALAHANKA BENGALURU – 560 064 28. HANUMANTHA RAYAPPA S/O GANGAHANUMAIAH AGED ABOUT 72 YEARS R/T 34, SHIG D3 BLOCK, 5TH PHASE, YALAHANKA BENGALURU -560 064 29. HARSHA S/O LAKSHMIKANTHA G.N., AGED ABOUT 40 YEARS R/T 438, 4TH PHASE, 3RD MAIN, 707 GROUP, YALAHANKA BENGALURU -560 064 30. KANTHA RAJU S/O Y.H. THIMMAIAH AGED ABOUT 50 YEARS R/T 977, HOSA STREET, YALAHANKA BENGALURU -560 064 31. MANJUNATHA S/O T.C. VENKATAGIRIYAPPA AGED ABOUT 60 YEARS R/T 204, LOTUS BLOCK - 6 - NC: 2025:KHC:11371 WP No. 7609 of 2025 PAVANI RESIDENCY, YALAHANKA BENGALURU -560 064 …PETITIONERS (BY SRI. ASHWIN KUMAR H., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HOME DEPARTMENT REPRESENTED BY HOME SECRETARY VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE-560 001 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, NRUPATUNGA ROAD, BENGALURU-560 001 3. THE COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU-560 001 4. DEPUTY COMMISSIONER OF POLICE BENGALURU NORTH SUB DIVISION AMRUTH NAGAR MAIN RD, SECTOR B, AMRUTHNAGAR, BYATARAYANAPURA, BENGALURU -560 092 5. ASSISTANT COMMISSIONER OF POLICE YELAHANKA SUB DIVISION YELAHANKA CIRCLE, BELLARY RD YELAHANKA BENGALURU-560 064 6. STATION HOUSE OFFICER YELAHANKA NEW TOWN P.S REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001 7. SUDHAKAR REDDY AGED ABOUT 47 YEARS S/O. NOT KNOWN AT, POLICE INSPECTOR YELAHANKA NEW TOWN BENGALURU CITY-560 064 - 7 - NC: 2025:KHC:11371 WP No. 7609 of 2025 8. NAGARAJA R., AGED ABOUT MAJOR S/O. NOT KNOWN POLICE SUB -INSPECTOR YELAHANKA NEW TOWN BENGALURU CITY-560 064 9. PARUSHURAM BALANAVAR S/O NOT KNOWN AGED MAJOR AT HEAD CONSTABLE YELAHANKA NEW TOWN NO. 12588 YELAHANKA POLICE STATION BENGALURU CITY-560 064 …RESPONDENTS (BY SRI.M.V.ANOP KUMAR, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE FIRST INFORMATION REPORT, FILED BY THE RESPONDENT NO. 8 IN CR NO. 87/2025 AGAINST THE PETITIONERS FOR OFFENCES PUNISHABLE U/S. 79 AND 80 KARNATAKA POLICE ACT, 1963 PENDING ON THE FILE OF METROPOLITAN MAGISTRATE (TRAFFIC COURT-3), BANGALORE VIDE ANNEXURE-D DATED 03.03.2025 AND ALL FURTHER ACTIONS INITIATED BY THE RESPONDENT POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners who are facing trial for offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963, are before this Court seeking the following reliefs: a. Issue a Writ of Certiorari quashing the First Information Report, filed by Respondent No. 8 in - 8 - NC: 2025:KHC:11371 WP No. 7609 of 2025 Crime No. 87/2025 against the petitioners for offences punishable u/s. 79 & 80 Karnataka Police Act, 1963 pending on the file of Metropolitan Magistrate (Traffic Court-3), Bangalore vide Annexure-D dated 03.03.2025 and all further actions initiated by the Respondent Police. b. Issue any other order or direction as this Hon'ble Court deems fit and proper under the facts and circumstances of this case to meet the ends of Justice. 2. The prosecution alleges that the complainant along with the staff raided the recreation club and upon inspection, it was found that the petitioners were playing Rummy game using playing-cards. Thereafter, the petitioners were apprehended and money and other valuables were seized from the petitioners. This Court in the case of Anantaswamy Iyer and Others Vs. The state of Karnataka, 1982 (1) Kar.L.J.400 has held that the game of Rummy cards is not a game of chance but a game of skill. The collection of commission from the members of the club playing Rummy does not make it a gambling house. Thus, it does not amount to any offence. - 9 - NC: 2025:KHC:11371 WP No. 7609 of 2025 3. In the instant case, there is no material to substantiate that the petitioners were playing Rummy as a game of chance and not as a game of skill. Therefore, the collection of commission from the members of the club playing Rummy does not make it a gambling house. Hence, any continuation of the proceedings in such circumstances will be an abuse of process of law. 4. Accordingly, I pass the following orders: ORDER i. The Criminal Petition is allowed. ii. The impugned First Information Report in Crime No.87/2025 registered by Yelahanka New Town Police Station is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE MEG List No.: 1 Sl No.: 57