- 1 - NC: 2025:KHC-D:3343 CRL.P No. 100826 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100826 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: VINAYAK RAMANATHASA SIDDALINGA @ VINAYAKA RAMANATHSA SIDDALINGA, AGE. 37 YEARS, OCC. LABOURER, R/AT. DOLLARS COLONY, BALAJI APARTMENT, HN F3, 1ST FLOOR, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580028. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA GOKUL ROAD POLICE STATION HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE COGNIZANCE DATED 13.12.2024 AND ENTIRE PROCEEDINGS AGAINST THE ACCUSED/PETITIONER IN GOKUL ROAD POLICE STATION CRIME NO. 165/2024 WHICH IS REGISTERED IN C.C.NO. 3952/2024 ON THE FILE OF JMFC-III, AT HUBBALLI FOR OFFENCE P/U/SEC. 78(3) OF K.P. ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.24 11:43:26 +0530 - 2 - NC: 2025:KHC-D:3343 CRL.P No. 100826 of 2025 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent. 2. The petitioner who has been charge-sheeted for the offences punishable under Section 78(3) of the Karnataka Police Act, 1963 (KP Act) is before this Court seeking relief. 3. The case of the prosecution is that, a credible information was received that some persons are engaged in cricket betting near Tatwadarsha Hospital, Huballi. The complainant along with his staff went to the spot, and it was discovered that the petitioner was engaged in a betting on the cricket match. 4. The question as to whether the betting on the cricket match comes under the definition of “gaming” under Section 2(7) of the Karnataka Police Act was examined by the Co-ordinate Bench of this Court in Crl.P.No.4090/2023 disposed on 16.8.2023, wherein, at paras 7 and 8 it has ruled as follows: “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 explanation very clearly says that game of chance does not include any athletic game - 3 - NC: 2025:KHC-D:3343 CRL.P No. 100826 of 2025 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." 5. In the light of the legal principles established by Co- ordinate Bench of this Court in the aforesaid case, that cricket is the sport, and even a betting takes place, it does not come within the ambit of the definition of “gaming” found in the Karnataka Police Act, in such circumstance, the continuation of the criminal proceedings against the petitioner will be an abuse of process of the law. Accordingly, I pass the following: ORDER a. The petition is allowed. b. The impugned proceedings in CC No.3952/2024 pending on the file of JMFC-III, at Hubballi, insofar it relates to the petitioner/accused, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 17