- 1 - NC: 2025:KHC:14020 CRL.P No. 4642 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4642 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: ASHOKA S/O MOTHILAL AGED ABOUT 28 YEARS, R/A: NEAR ANJANEYA TEMPLE, R. K. BUILDING, LINGAPPAYYAKADU, KARNADU VILLAGE, MULKI TALUK, D. K. DISTRICT - 574 154. …PETITIONER (BY SRI. BALAKRISHNA M. R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MULKI POLICE STATION MANGALURU CITY, DK DISTRICT-575 001 REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560001. 2. MARUTHI P. MAJOR IN AGE, POLICE SUB INSPECTOR, MULKI POLICE STATION, D. K. DISTRICT - 575 001. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1.) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14020 CRL.P No. 4642 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.1116/2023, PENDING ON THE FILE OF HON'BLE SENIOR CIVIL JUDGE AND JMFC, AT MOODABIDRE, FOR THE OFFENCES P/U/S 79,80 OF K.P ACT, INITIATED BASED ON CHARGE SHEET SUBMITTED BY 1st RESPONDENT MULKI P.S. THIS PETITION, COMING ON FOR ADMISSION DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Learned High Court Government Pleader accepts notice for respondent Nos.1 and 2. 2. The petitioner/accused No.3, who has been chargesheeted for offences punishable under Sections 70 and 80 of the Karnataka Police Act, 1963 (hereinafter referred to as “the Act”), is before this Court seeking to quash the entire criminal proceedings in C.C. No.1116/2023 pending on the file of the Senior Civil Judge and JMFC, Moodabidri. 3. The prosecution alleges that, upon receiving credible information, a raid was conducted at the house of accused No.1. During the inspection, it was discovered that the petitioner/accused No.3, along with other accused persons, was playing rummy with stakes. Cards, mobile phones, and cash amounting to Rs.6,110/- (Rupees Six - 3 - NC: 2025:KHC:14020 CRL.P No. 4642 of 2025 Thousand One Hundred and Ten only) were seized from the possession of the petitioner/accused No.3. 4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent Nos.1 and 2. 5. Admittedly, the petitioner/accused No.3 and the other accused were allegedly playing rummy in a private residence belonging to accused No.1, which does not fall within the ambit of a “common gaming house” as defined under Section 2(3) of the Act. Moreover, the prosecution has failed to produce any substantial evidence to establish that the petitioner/accused No.3 was playing rummy as a ‘game of chance’ rather than a ‘game of skill’. Therefore, the essential ingredients constituting the alleged offences are evidently absent. Under such circumstances, the continuation of criminal proceedings against the petitioner/accused No.3 amounts to an abuse of the process of law. 6. Accordingly, I pass the following: ORDER i. The criminal petition is allowed. - 4 - NC: 2025:KHC:14020 CRL.P No. 4642 of 2025 ii. The impugned proceedings in C.C.No.1116/2023 pending on the file of the Senior Civil Judge and JMFC, Moodabidri, insofar it relates to the petitioner/accused No.2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE SSD List No.: 1 Sl No.: 59