- 1 - HC-KAR NC: 2025:KHC:34655 CRL.P No. 12115 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12115 OF 2025 BETWEEN: 1. SRI. MANJESH S/O TAMMANNA AGED ABOUT 38 YEARS RESIDING AT NO. 489 7TH 'B' CROSS, 1ST STAGE HEBBAL, MYSURU CITY-577556. 2. SRI. KUMAR. P S/O. PRABHU AGED ABOUT 34 YEARS RESIDING AT NO. 357, 5TH CROSS 2ND MAIN, HEBBAL 2ND STAGE MYSURU CITY-577556. 3. SRI. DHARMESH S/O. NARAYANA GOWDA AGED ABOUT 45 YEARS RESIDING AT NO. 450, 2ND CROSS HEBBAL 2ND STAGE MYSURU CITY-577556. 4. SRI. HARISH. M S/O. MAHADEV AGED ABOUT 23 YEARS RESIDING AT NO. 501 7TH CROSS, HEBBAL 1ST STAGE MYSURU CITY-577556. 5. SRI. KUMAR S/O BORAIAH Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34655 CRL.P No. 12115 of 2025 AGED ABOUT 48 YEARS RESIDING AT NO. 11, 18TH MAIN BYRAVESHWARA NAGARA, METAGALLI MYSURU CITY-570016. 6. SRI. SACHIN S/O SATHISH AGED ABOUT 30 YEARS RESIDING AT MADIVINAKUDI VILLAGE BOOKANAKERE HOBLI K.R. PETE TALUK MANDYA DISTRICT-571812. 7. SRI. PRASAD S/O. PRAKASH AGED ABOUT 30 YEARS RESIDING AT NO. 202, 1ST MAIN NEAR BUS STOP H.D. KOTE TOWN AND TALUK MYSURU DISTRICT-571114. 8. SRI. AKSHAY KUMAR S/O. MAHESH AGED ABOUT 30 YEARS RESIDING AT T.M. HOSURU VILLAGE K. SHETTAHALLI HOBLI SRIRANGAPATTANA TALUK MANDYA DISTRICT-571807. 9. LION KUMAR S/O. K.MAHADEV AGED ABOUT 27 YEARS RESIDING AT MOOLE PETLU VILLAGE MACHAHALLI HOBLI K.R. NAGAR TALUK MYSURU DISTRICT-571602. 10. SRI. SRINIVAS S/O. MADEV AGED ABOUT 44 YEARS RESIDING AT NO. 155 - 3 - HC-KAR NC: 2025:KHC:34655 CRL.P No. 12115 of 2025 NEAR KIDIGANNAMMANA TEMPLE MAHADESHWAR LAYOUT MYSURU CITY-570016. 11. SRI. SHANKAR .U S/O. VAIKUNTEGOWDA AGED ABOUT 45 YEARS RESIDING AT NO. 401 MARIGUDI BEEDI MANCHEGOWDANA KOPPAL MYSURU CITY-570028. 12. SRI. NISHANTH S/O. MANJUNATH AGED ABOUT 40 YEARS RESIDING AT NO. 18, 9TH MAIN 3RD CROSS, HEBBAL 1ST STAGE MYSURU CITY-577556. 13. SRI. BHARATESH S/O. MAHADEV AGED ABOUT 38 YEARS RESIDING AT KAPPARANA KOPPALU SRIRANGAPATTANA TALUK MYSURU DISTRICT-571435. 14. SRI. KUMAR S/O. VENKANNACHARI AGED ABOUT 51 YEARS RESIDING AT KEBBEKOPPALU VILLAGE HUNASUR TALUK MYSURU DISTRICT-571105. 15. SRI. CHANDRA S/O. RAMEGOWDA AGED ABOUT 41 YEARS RESIDING AT NO. 52 MANJUNATHA LAYOUT 2ND STAGE HUNASUR TOWN - 4 - HC-KAR NC: 2025:KHC:34655 CRL.P No. 12115 of 2025 HUNASUR TALUK MYSURU DISTRICT- 571105. …PETITIONERS (BY SRI. NAIK VENKATRAMAN NAGAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIJAYANAGARA POLICE MYSURU CITY REPRESENTED BY SPP HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI, BANGALORE - 560001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS NO.1 OT 15 IN C.C.NO.463/2025 ARISING OUT OF CR.NO.26/2025 REGISTERED BY THE RESPONDENT VIJAYANAGARA POLICE FOR THE OFFENCE P/U/S 79 AND 80 OF KARNATAKA POLICE, 1963 PENDING BEFORE THE HONBLE V J.M.F.C, MYSORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned Additional SPP is directed to take notice for respondent. - 5 - HC-KAR NC: 2025:KHC:34655 CRL.P No. 12115 of 2025 2. The gist of the prosecution’s allegation is that the petitioners were found engaged in playing the game of andar-bahar in the shed located behind M.P. Drinking Water Unit, pursuant to which a criminal case came to be registered. The Investigating Officer, being of the view that the petitioners had committed an offence, proceeded to lay a charge sheet in C.C.No.463/2025. 3. The issue as to whether a citizen found playing a game of chance, namely andar-bahar, constitutes an offence has already been considered and decided by a Co-ordinate Bench in W.P. No. 2227/2024. It is apposite for this Court to reproduce paragraph 3 of the said judgment, which in turn refers to an earlier judgment rendered in Crl.P.No.100877/2014 and reads as follows: "The learned counsel for the petitioners submits that the issue in the case at hand stands covered by the judgment rendered by the co-ordinate bench of this Court in Crl.P.No.100877/2014, disposed on 13.06.2014, which read as follows: - 6 - HC-KAR NC: 2025:KHC:34655 CRL.P No. 12115 of 2025 5. On analysing the above said provision of law, this Court has rendered a decision reported in 1971(2) Mys. L.J. 187 in the case of Chickarangappa & Others Vs. State of Mysore and another decision reported in 1977 (1) K.L.J. 274 in the case of Eranna Vs. State of Karnataka, which decisions declare that, "playing 'Andar Bahar' is a game of skill and not mere a game of chance and therefore, the offence punishable under Section 79 and 80 of the Act are not attracted". 6. In the ruling reported in 1977 (1) K.L.J. 274 (supra), this Court has categorically held that, game of 'Andar Bahar' is not a game of chance. The facts are also little bit relevant as quoted in the said case. At paragraph 7 of the said judgment, it is stated that; "In this view of the matter, the essential ingredient of the offence was not proved. It could not be established that the petitioner accused were playing a game of chance and one does not know how the game 'Andar Bahar' is actually played with the assistance of cards. Even if any betting was resorted to and even if any pledge of moveables was made in support of that betting, that by itself did not convert a game of a skill into a game of chance. At any rate it was not categorically proved that 'Andar Bahar' is a game of chance and that these accused were playing that game. They were not covered under the definition of gaming in a house. Since the institution where the accused were found playing the game with cards is a club, it is not unusual that cards are played in a club, and it may even be that some betting was also being done. These facts by themselves never proved that a game of chance was being played or that no skill was involved in that game so that it could be considered to be a mere game of chance. It is manifest that a game of skill would not be held to be gambling for the purpose - 7 - HC-KAR NC: 2025:KHC:34655 CRL.P No. 12115 of 2025 of the Act. In this view of the matter, no offence under Sections 79 and 80 of the Karnataka Police Act, 1963 was made out against the petitioners. Hence the conviction of sentence was set aside". (Emphasis supplied) In the light of the afore-extracted judgment rendered by the co-ordinate Bench of this Court and in the facts obtaining in the case at hand, which covers the issue on all its fours, I deem it appropriate to quash the proceedings, qua the petitioners." 4. In light of the categorical findings recorded by the Co-ordinate Bench, wherein it has been held that participation in a game of chance, such as andar-bahar, does not constitute an offence under any provision of law, much less under Sections 79 and 80 of the Karnataka Police Act, 1963, the very foundation of the prosecution in C.C.No.463/2025 stands vitiated. Once the alleged act itself does not fall within the ambit of the penal provisions invoked, the continuation of the proceedings would serve no legal purpose. On the contrary, allowing such proceedings to linger would not only amount to an abuse of the process of law but would also result in unnecessary - 8 - HC-KAR NC: 2025:KHC:34655 CRL.P No. 12115 of 2025 harassment of the petitioner and cause a miscarriage of justice. 5. Having regard to the binding precedent laid down by the Co-ordinate Bench and keeping in view the fact that the ingredients of the alleged offences are wholly absent, the possibility of securing a conviction in the present case is remote and bleak. In these circumstances, this Court finds it a fit case to exercise its inherent jurisdiction under Section 482 of the Cr.P.C. to interdict the proceedings at the threshold, thereby preventing the misuse of judicial process and safeguarding the ends of justice. 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is allowed. (ii) The proceedings pending in C.C.No.463/2025 arising out of Crime No.26/2025 registered by the Vijayanagara - 9 - HC-KAR NC: 2025:KHC:34655 CRL.P No. 12115 of 2025 Police, Mysore for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 pending before the V JMFC, Mysore, are hereby quashed. I.A.No.1/2025 stands disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 20