- 1 - NC: 2025:KHC-D:615 CRL.P No. 101558 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101558 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: GURRAM VENUGOPAL S/O OBAIAH, AGE: 49 YEARS, OCC: ELECTRICIAN, R/O: WARD NO.6, NEAR VIDYASAGAR SCHOOL, VINAYAKA NAGAR, KAMPLI, BALLARI-583 132. … PETITIONER (BY SMT. RESHMA MADIWALAR, ADVOCATE FOR SRI. T. HANUMAREDDY, ADVOCATE) AND: THE STATE OF KARNATAKA BY SHO, GANGAVATI RURAL PS, GANGAVATI R/BY SPP HIGH COURT OF KARNATAKA, DHARWAD-580 011. …RESPONDENT (BY SRI. ASHOK T. KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND ALL FURTHER PROCEEDINGS IN CC NO.3447/2022 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC COURT, GANGAVATI, (CRIME NO.241/2022 OF GANGAVATI RURAL PS) REGISTERED FOR THE OFFENCES PUNISHABLE U/S 78(1) (A)(VI) OF KARNATAKA POLICE ACT, IN SO FAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION IS 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: 2025.01.17 16:32:43 +0530 - 2 - NC: 2025:KHC-D:615 CRL.P No. 101558 of 2024 ORAL ORDER 1. The Learned Additional Government Advocate accepts notice for the respondent/State. 2. The petitioner has been charge-sheeted for offences punishable under Section 78(1)(a)(vi) of the Karnataka Police Act, 1963 (KP Act), alleging that the petitioner/accused No. 2, along with others, was involved in betting on cricket matches during an international T-20 match between Nepal and Kenya. 3. A Co-ordinate Bench of this Court, in Crl.P. No. 2929/2021, has held that an examination of Section 2(7) of the KP Act, along with its explanation, clearly establishes that a “game of chance” does not include any athletic game or sport. Since cricket is a sport, betting on it does not fall within the ambit of “gaming” as defined under the KP Act. Consequently, the charge sheet filed by the police against the petitioner for the offence punishable under Section 78 of the KP Act is without jurisdiction. Therefore, the continuation of criminal proceedings would amount to an abuse of the process of law. 4. Accordingly, the petition is allowed. The impugned proceedings in CC No.3447/2022 (arising out of Gangavathi Rural PS Crime No.241/2022) on the file of Prl. Civil Judge and JMFC, Gangavathi, insofar it relates to the petitioner/accused No.2, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:BCK/LIST NO.: 1 SL NO.: 4