- 1 - HC-KAR NC: 2025:KHC:24321 WP No. 19250 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 19250 OF 2025 (GM-RES) BETWEEN: 1. SUDRASHANA SHETTY, AGED ABOUT 27 YEARS, S/O RAJEEVA SHETTY, R/A 2-116, SRI GURU RAGHAVENDRA NILAYA, MARATHURU MANE, NADA VILLAGE, BYNDOOR, UDUPI DISTRICT – 576 230. 2. KARTAVYA SHETTY, AGED ABOUT 25 YEARS, S/O SADANANDA SHETTY, R/A 2-128 KAKTHOTA, SENAPURA MANE, 11 ULLURU VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT – 576 629. 3. THEJAS SHETTY, AGED ABOUT 27 YEARS, S/O MOHANDAS SHETTY, R/AT TUMBEJEDDU, BELANJE VILLAGE, HEBRI TALUK, UDUPI DISTRICT – 576 112. …PETITIONERS (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY UDUPI CEN CRIME PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 01. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24321 WP No. 19250 of 2025 2. RAMACHANDRA NAYAK POLICE INSPECTOR, AGED ABOUT 52 YEARS, CEN CRIME POLICE STATION UDUPI DISTRICT – 576 112. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 & R2) THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO QUASH THE CHARGE SHEET DATED 20.07.20984 IN C.C NO.4805/2024 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, AT UDUPI, FILED BY THE RESPONDENT NO.1 POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 78, (1)(A)(3), (6) OF KARNATAKA POLICE ACT, 1963, AGAINST THE PETITIONERS HEREIN (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “a) Issue a writ in the nature of certiorari or any other appropriate writ order or direction to quash the charge sheet dated 20.07.2024 in C.C.No.4805/2024 pending on the file of Principal Civil Judge and JMFC, at Udupi, filed by the respondent No.1 police for the offences punishable under Section 78 (1)(A)(3), (6) of Karnataka Police Act, 1963, against the petitioners herein (ANNEXURE-A). b) Issue a writ in the nature of certiorari or any other appropriate writ order or direction to quash the entire - 3 - HC-KAR NC: 2025:KHC:24321 WP No. 19250 of 2025 criminal proceedings initiated against the petitioner in Criminal Case No.4805/2024 pending on the file of the Principal Civil Judge and JMFC, at Udupi for the offences punishable under Sections 78, (1)(A)(3), (6) of Karnataka Police Act, 1963, against the petitioners herein (Annexure-B). c) Pass such other further order/s that this Hon’ble Court may deem fit under the facts and circumstances of the above case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent Nos.1 and 2 and perused the material on record. 3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner submits that the issue in controversy involved in the present petition is directly and squarely covered by the decision of the Co-ordinate Bench of this Court in the case of Mr. Pavan Shetty Vs. State of Karnataka and another – Crl.P.No.3943/2023 dated 02.08.2023 and the present petition may be disposed of in the above terms. 4. As rightly contended by the learned counsel for the petitioner, the issue in controversy in the present petition is covered - 4 - HC-KAR NC: 2025:KHC:24321 WP No. 19250 of 2025 by the decision of a Co-ordinate Bench of this Court in the case Mr. Pavan Shetty (supra), wherein it is held as under: “The petitioner and other accused are sought to be prosecuted for the offence punishable under Section78(i) and 78(iii) of the Karnataka Police Act. 2. The case of the prosecution is that, on 8.4.2023, when the Police Inspector along with the Head Constable was on rounds, they saw two cars, which were parked, and four to five persons were standing, and on apprehending them, it was found that, the accused were checking the mobile phones, they were betting on the cricket match between Chennai and Mumbai Cricket match, and playing betting per ball to ball and seized the mobile phones, currency notes of Rs.26,000/- and two cars. The cognizance taken of the aforesaid offences is impugned in this petition. 3. Sri Hashmath Pasha, learned Senior Counsel for the petitioner, submits that, conducting of investigation before obtaining an order under Section 155(2) of Cr.PC is impermissible. He further submits that even if betting for cricket match takes place, it cannot be brought within the ambit of definition of gaming found in Karnataka Police Act. In support, he places reliance on the decision of the coordinate Bench of this Court in Crl.P No.2929/2020 and connected matters (DD 10.1.2022). 4. The learned High Court Government Pleader submits that, the charge sheet material discloses that, the petitioners along with others were betting on the cricket - 5 - HC-KAR NC: 2025:KHC:24321 WP No. 19250 of 2025 match, and the veracity of the allegations can be considered only after full fledged trial, and at this stage, the cognizance taken by the learned Magistrate does not warrant any interference. 5. Considered the submissions of the learned counsel for the parties. 6. The offence punishable under Section 78(i)(iii) of the Karnataka Police Act is a non-cognizable offence. Before conducting the search and seizure, the police were required to obtain an order from the learned Magistrate as specified under Section 155 of Cr.PC. In the instant case, the permission was not obtained to conduct search, seizure and arrest the accused. Hence, the charge sheet laid by the police stands vitiated. 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 whcih is an offence under the Karnataka Police Act. If Section 2(7) of the Karnataka Police Act is seen, its explanation very clearly says that game of chance does not include any athletic game 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 - 6 - HC-KAR NC: 2025:KHC:24321 WP No. 19250 of 2025 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 culminating in taking cognizance of the aforesaid offence stands vitiated. Hence, the continuation of criminal proceeding will be an abuse of process of law. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) The impugned FIR in Crime No.58/2023 of Kota Police Station, Brahmavar Circle, Udupi District and the order dated 8.4.2023 passed in N.C.No.63/2023 by the learned Additional Civil Judge and JMFC, Kundapura are hereby quashed.” 5. In view of the above, I deem it just and appropriate to dispose of this petition in terms of the order passed in the case of Mr. Pavan Shetty (supra). 6. Accordingly, I pass the following: ORDER i. The petition is hereby allowed. ii. The impugned criminal proceedings in C.C.No.4805/2024, pending on the file of the - 7 - HC-KAR NC: 2025:KHC:24321 WP No. 19250 of 2025 Principal Civil Judge and JMFC, Udupi, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 38