Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16447 CRL.P No. 4962 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4962 OF 2025 BETWEEN:
1. K. GOPALA, S/O KARIYANA, AGED ABOUT 51 YEARS, MUGADALABETTA, PAVAGADA (RURAL), TUMKUR, KARNATAKA - 561 202. 2. DHARMAPAL, S/O VENKATARAVANAPPA, AGED ABOUT 42 YEARS, SHANTI NAGAR, TUMAKURU ROAD, PAVAGADA (RURAL), TUMKUR, KARNATAKA - 561 202. 3. N. GURUNATHAREDDY, S/O NARASIMHAREDDY, AGED ABOUT 51 YEARS, DEVALA KERE, NIDAGAL, HOBLI, PAVAGADA (RURAL), TUMKUR, KARNATAKA - 561 202. 4. BYARANNA, S/O YANJARAPPA, AGED ABOUT 71 YEARS, ADIBAIRESHWARA NILAYA, 3RD CROSS, BANASHANKARI EXTENSION, PAVAGADA TOWN TUMKUR, KARNATAKA - 561 202. 5. A.N. RAJASHEKAR, C/O A NARAYANAPPA, AGED ABOUT 42 YEARS,
Digitally signed by R HEMALATHA Location: High Court of karnataka
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NC: 2025:KHC:16447 CRL.P No. 4962 of 2025
NO. 230, INTOORAYANAHALLI, VOLLUR, KARNATAKA - 572 136. 6. MURALI MOHAN B, S/O BORAPPA, AGED ABOUT 42 YEARS, KARTHIKYATHALLI, MARIDASANAHALLI POST, Y N HOSAKOTE HOBALI, PAVAGADA TALUK, TUMKUR, KARNATAKA - 572 141. 7. DASAPPA, S/O THIMMANNA, AGED ABOUT 52 YEARS, GOLLARA HATTI, NIDAGAL HOBLI, PAVAGADA TALUK, VTC: KT HALLI, TUMKUR, KARNATAKA - 572 116. 8. RAMANJINAPPA, S/O HANUMANTHARAYAPPA, AGED ABOUT 69 YEARS, SHAILAPURA, NIDAGAL HOBALI, PAVAGADA TALLUKU, TUMKUR, KARNATAKA - 561 202. 9. ANANDANAIK H, S/O OONYANAIK, AGED ABOUT 45 YEARS, DODDA THANDA, MEGAPALYA, Y.N HOSAKOTE, PAVAGADA, TUMKUR, KARNATAKA - 572 141. 10. KRISHNAPPA S/O SANNA BHIMAPPA, AGED ABOUT 58 YEARS, SRI SATHASI LAYOUT, PAVAGADA, TUMAKURU, KARNATAKA - 561 202. - 3 -
NC: 2025:KHC:16447 CRL.P No. 4962 of 2025
11. NAGABHUSHANAPPA, S/O OBALESHAHPPA, AGED ABOUT 66 YEARS, K.T HALLI, NIDAGAL HOBLI, PAVAGADA TALLUKU, KONDETHIMANAHALLI, TUMKUR, KARNATAKA - 572 116. 12. K T RAJAPPA, S/O SANNA THIPPAIAH, AGED ABOUT 47 YEARS, KT HALLI, NIDAGAL HOBLI, PAVAGADA TALUK, KONDETHIMANAHALLI, TUMKUR, KARNATAKA - 572 116. 13. K.G. HANUMANTHARAYAPPA, S/O GANGANNA, AGED ABOUT 72 YEARS, KT HALLI, NADIGAL HOBLI, PAVAGADA, CHANNAKESHAVAPURA, TUMKUR, KARNATAKA - 572 116. 14. DODDARANGAPPA, S/O LATE MUDANNA, NO 613, SRI SAI RANGA, 2ND PHASE, 7TH BLOCK, NEAR NCERT, BANASHANKARI 3RD STAGE, BANGALORE SOUTH, KARNATAKA - 560 085. …PETITIONERS (BY SRI. ARNAV A. BAGALWADI, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY ARASIKERE P.S., REPRESENTED BY SPP OFFICE, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. - 4 -
NC: 2025:KHC:16447 CRL.P No. 4962 of 2025
2.
GIRISH CPI S/O CHIKKATHIMMAIAH, AGED ABOUT 43 YEARS, PAVAGADA RURAL CIRCLE OFFICE, PAVAGADA, TUMKURU, KARNATAKA. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1 AND R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C (U/S. 528 OF BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.0022/2025 DATED 14.03.2025 PURSUANT TO COMPLAINT DATED 13.03.2025 FOR THE OFFENCES U/S 80 OF THE KARNATAKA POLICE ACT, 1963, PRL.CIVIL JUDGE (JR.DN.) AND JMFC COURT, PAVAGADA, TUMKUR DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioners, who are being prosecuted for an offence punishable under Section 80 of the Karnataka Police Act, 1963, have approached this Court seeking appropriate relief.
2. According to the prosecution, based on information received—which is described as credible—a raid was conducted at the premises of the Pavagada Taluk Friends Sports and Recreational Club, a private establishment. Upon inspection, it was found that the petitioners were engaged in a game of Andar-Bahar, allegedly involving stakes. The petitioners were apprehended at the scene, and playing cards along with cash were seized from their possession.
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NC: 2025:KHC:16447 CRL.P No. 4962 of 2025
3. I have heard the learned counsel appearing for the petitioners, as well as the learned High Court Government Pleader (HCGP) representing the respondent-State.
4. The prosecution has not produced any material to demonstrate that the game of Andar-Bahar, allegedly played by the petitioners, is a game of chance rather than a game of skill. In the absence of such material, it is difficult to prima facie conclude that the petitioners have committed an offence punishable under Section 86 of the Karnataka Police Act, 1963.
5. Therefore, on this limited ground, and without delving into other aspects of the matter, the impugned First Information Report (FIR) warrants interference. Accordingly, I pass the following
ORDER
i. The petition is allowed.
ii. The impugned FIR in Cr.No.22/2025 registered by the Arasikere Police station is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
RKA List No.: 2 Sl No.: 6 CT: BHK