- 1 - HC-KAR NC: 2025:KHC-D:11356 CRL.P No. 103519 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103519 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. KALIMASAB S/O HUSENASAB CHURIKHAN, AGE. 50 YEARS, OCC. VENDOR, R/AT: HAGGADEVAR ONI, SAVADATTI, TQ. SAVADATTI, DIST. BELAGAVI-591 126. 2. RAGHU @ RAGHAVENDRA S/O TUKARAMSA RAYABAGI, AGE. 37 YEARS, OCC. SHOPKEEPER, R/AT: GAJENDRAGAD, TQ. GAJENDRAGAD, DIST GADAG-582 114. … PETITIONERS (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, BELAGAVI CEN CRIME POLICE STATION, BELAGAVI, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1 AND 2/PETITIONERS IN BELAGAVI CEN CRIME POLICE STATION CRIME NO.98/2023 PENDING ON THE FILE IN C.C. NO.578/2024 ON THE FILE OF JMFC-III COURT, AT: BELAGAVI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 78(1)(A)(VI) OF K.P. ACT, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11356 CRL.P No. 103519 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) This petition is filed under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in C.C.No.578/2024 pending before the Court of JMFC-III, Belagavi, arising out of Crime No.98/2023 registered by Belagavi CEN Crime Police Station, Belagavi, for the offence punishable under Section 78(1)(a)(vi) of Karnataka Police Act, 1963. 2. Heard the learned Counsel for the parties. 3. Perusal of the material on record would go to show that FIR has been registered against the accused in the present case alleging that he was indulged in cricket betting when the match was going on. The co-ordinate Bench of this court in Criminal Petition No.2929/2021 in paragraph No.12 has observed 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 - 3 - HC-KAR NC: 2025:KHC-D:11356 CRL.P No. 103519 of 2025 which 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." 4. In the light of the order passed by the co-ordinate Bench which is referred to hereinabove, the proceedings initiated against the petitioner for the aforesaid offence cannot be sustained. Accordingly, the following order 5. Petition is allowed. The entire proceedings in C.C.No.578/2024 pending before the Court of JMFC-III, Belagavi, arising out of Crime No.98/2023 registered by Belagavi CEN Crime Police Station, Belagavi, for the offence punishable under Section 78(1)(a)(vi) of Karnataka Police Act, 1963, is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 37