- 1 - NC: 2025:KHC-D:545 CRL.P No. 101557 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101557 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: GURAM VENUGOPAL @ GOPAL S/O. OBAYYA, AGE. 46 YEARS, OCC. CABLE OPERATOR, R/O. PRESENTLY AT VINAYAK NAGAR, MUDDAPURA NO.10, KAMPLI, HOSPET TQ., BALLARI-583132. …PETITIONER (BY SMT. RESHMA MADIWALAR, ADVOCATE FOR SRI. T. HANUMAREDDY, ADVOCATE) AND: THE STATE OF KARNATAKA BY SHO, GANGAVATI TOWN PS, BALLARI REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE CHARGE SHEET IN CC NO.489/2021 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC COURT, GANGAVATI, KOPPAL (CRIME NO.149/2020 OF GANGAVATI TOWN PS) REGISTERED FOR THE OFFENCES PUNISHABLE U/S 78(1) (a)(vi) OF KARNATAKA POLICE ACT, IN SO FAR AS PETITIONER/ACCUSED NO.9 IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.16 09:49:45 +0530 - 2 - NC: 2025:KHC-D:545 CRL.P No. 101557 of 2024 ORAL ORDER 1. The Learned Additional Government Advocate accepts notice for the respondent/State. 2. The petitioner has been charge-sheeted for the offence punishable under Sections 78(1)(a)(vi) of the Karnataka Police Act, 1963 (KP Act), alleging that the petitioner/accused No.9, along with others, was involved in betting on cricket matches during IPL-2020. 3. A Co-ordinate Bench of this Court, in Crl.P.No.2929/2021, has ruled that if Section 2(7) of the KP Act is examined, its explanation clearly states that a game of chance does not include any athletic game or sport. Cricket is a sport, and therefore, even if betting occurs, it cannot be brought within the ambit of the definition of ‘gaming’ as found in 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 lacks authority. Hence, 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.489/2021 (arising out of Gangavathi Town PS Crime No.149/2020) on the file of Prl. Civil Judge and JMFC, Gangavathi, insofar it relates to petitioner/accused No.9, stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh/List No.: 2 Sl No.: 2