- 1 - HC-KAR NC: 2025:KHC:18440 CRL.P No. 7545 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO.7545 OF 2025 BETWEEN: 1. SRI KRISHNA S/O MARI JOGAYYA, AGED ABOUT 38 YEARS, R/O KANCHIMUNIYAPPANA ROAD, KURUPETE, KANAKAPURA, RAMANAGARA DISTRICT - 562 117 2. SRI. LOKESH, S/O CHIKKAMARI, AGED ABOUT 37 YEARS, R/AT NO.168, 4TH CROSS, VIVEKANANDA NAGARA, KANAKAPURA, RAMANAGARA DISTRICT - 562 117 3. SRI. PRADEEP V, S/O VENKATESH MURTHY, AGED ABOUT 40 YEARS, R/AT NO.963A, OPP. PWD QUARTERS, KANAKAPURA, RAMANAGARA DISTRICT - 562 117 …PETITIONERS (BY SMT SHILPA RANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CUBBON PARK POLICE STATION, REPRESENTED BY THE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18440 CRL.P No. 7545 of 2025 STATE PUBLIC PROSECUTOR, OFFICE OF ADVOCATE GENERAL, HIGH COURT BUILDINGS, BANGALORE -560001. 2. SRI.T.C.SHIVAKUMAR, POLICE OFFICER, AGED ABOUT 45 YEARS, SPECIAL ENQUIRY WING, CCB, BENGALURU-560 001 …RESPONDENTS (BY SMT.WAHEEDA.M.M, HCGP) THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH FIR AGAINST THE PETITIONERS I CRIME NO.055/2025 REGISTERED BY THE CUBBON PARK POLICE STATION, BENGALURU FOR THE OFFENCES P/U/S 78(A)(vi) AND 87 OF KARNATAKA POLICE ACT, 1963 ON THE FILE OF JUDICIAL MAGISTRATE FIRST CLASS (TRAFFIC COURT-I), BENGALURU CITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioners are before this Court seeking for the following reliefs: “WHEREFORE, the petitioners most respectfully pray that this Hon’ble Court may be please to- - 3 - HC-KAR NC: 2025:KHC:18440 CRL.P No. 7545 of 2025 a) Quash FIR against the petitioners in Crime No.055/2025 registered by the Cubbon Park Police Station, Bengaluru for the offences punishable under Section 78(A)(vi) and 87 of Karnataka Police Act, 1963 on the file of Judicial Magistrate First Class (Traffic Court-I), Bengaluru City; b) Grant pass such other order or orders as this Hon’ble Court may consider it to be just and proper, having regard to the proved and admitted facts and circumstances of the case, in the interest of justice and equity.” 2. The allegation made against the petitioners is that petitioners were involved in the offence of betting on a cricket match. 3. Learned counsel for the petitioners relies upon the decision in Crl.P.No.4090/2023 dated 16.08.2023 more particularly paragraph Nos.7 and 8 which is reproduced herein for ready reference: “7. The coordinate Bench of this Court in Crl.P. No.2929/2021 at para-12 has held as follows: "12. One of the petitioners is bookie said to have involved in betting. Sri Hashmath Pasha has relied upon a judgment of the Supreme Court in Board of Control for Cricket vs Cricket Association of Bihar and others (2016 (8) SCC 535) where it is observed that betting is to be legalized. It was argued by the respondent that betting amounts to gaming which is an offence under the Karnataka Police Act. If Section 2(7) of the Karnataka Police Act is seen, its - 4 - HC-KAR NC: 2025:KHC:18440 CRL.P No. 7545 of 2025 explanation very clearly or sport. Cricket is a sport and therefore even if betting takes place, it cannot be brought within the ambit of definition of 'gaming' found in Karnataka Police Act." 8. Admittedly, the accused No.4 is alleged to have been found betting on the cricket match, and the coordinate Bench of this Court has held that cricket is a sport, and therefore even if betting takes place, it cannot be brought within the ambit of definition of gaming found in Karnataka Police Act. Hence, in the absence of essential elements so as to constitute the commission of offence punishable under Section 78(ii) of the Karnataka Police Act, the registration of FIR for the aforesaid offence stands vitiated. Hence, the continuation of criminal investigation will be an abuse of process of law." 4. By relying on the above matter, he submits that cricket being a sport, even if there is betting, it cannot be brought within the ambit to definition of ‘gaming’ found in the Karnataka Police Act. 5. This Court being bound by the observations made by the coordinate bench on the very same reasoning, has passed the following: ORDER i. Criminal Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:18440 CRL.P No. 7545 of 2025 ii. The proceedings in Crime No.55/2025 registered by Cubbon Park Police Station, pending on the file of Judicial Magistrate First Class (Traffic Court-I) is quashed. SD/- (SURAJ GOVINDARAJ) JUDGE KAV List No.: 2 Sl No.: 86