- 1 - HC-KAR NC: 2025:KHC-D:8471 CRL.P No. 102557 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102557 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: GAJANAN S/O. BABURAV KATAWE, AGE: 48 YEARS, OCC: DRIVER, R/AT. NEAR RAJEEV NAGAR, MAHALAKSHMI NAGAR, HUBBALLI, DIST. DHARWAD-580020. …PETITIONER (BY SRI. HIRANKUMAR PATEL, ADV. FOR SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, HUBBALLI SUB URBAN POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (U/S.528 OF BNSS, 2023) SEEKING TO QUASH THE COGNIZANCE DATED 21/05/2025 AND ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.2/PETITIONERS IN HUBBALLI SUB-URBAN POLICE STATION CRIME NO.44 OF 2025 WHICH IS REGISTERED IN C.C.NO.3845/2025 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, AT: HUBBALLI FOR THE OFFENCE PUNISHABLE U/S.78(3) OF K.P. ACT, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8471 CRL.P No. 102557 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Learned High Court Government Pleader accepts notice for respondent-State. 2. Heard Sri.Kiran kumar Patil, learned counsel appearing for Sri.Gouri Shankar Mot, learned counsel for the petitioner and Smt.Kirtilata Patil, learned High Court Government Pleader for respondent-State. 3. Petitioner/accused No.2 has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) praying to quash the entire proceedings initiated against him in C.C.No.3845/2025, pending on the file of learned Principal Civil Judge and JMFC, Hubballi, for the offence punishable under Section 78(3) of the Karnataka Police (Amendment) Act, 2021 (“K.P.Act” for short). 4. The brief facts of the case of prosecution are as under: - 3 - HC-KAR NC: 2025:KHC-D:8471 CRL.P No. 102557 of 2025 The Police Inspector, Hubballi-Dharwad Commissionerate CCB Division, received credible information regarding some persons involved in cricket betting. Hence, the Police Inspector and sub-staff conducted a raid on the accused persons, near Durgadevi Temple, Dajibanpet, Hubballi, where accused No.3 was found engaged in cricket betting in connection with the IPL T-20 cricket match between RCB Vs. Gujarat Titans. Accordingly, they conducted a raid and seized an amount of Rs.1,200/-, a chit, a mobile phone and a ball pen used in the commission of the offence. Thus, the complainant prepared a seizure panchnama and seized the above articles. Taking exception to the same, petitioner/accused No.2 has filed this petition in respect of quashing the entire proceedings. 5. The Co-ordinate Bench of this Court in Crl.P.No.4090/2023 disposed of on 16.08.2023 at paragraph Nos.7 & 8 are held as follows: - 4 - HC-KAR NC: 2025:KHC-D:8471 CRL.P No. 102557 of 2025 "7. The coordinate Bench of this Court in Cri.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 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”. 6. Further, this Court in Crl.P.No.102334/2024 disposed of on 26.07.2024, citing the judgment of the Co- ordinate Bench of this Court passed in Crl.P.No.4090/2023 - 5 - HC-KAR NC: 2025:KHC-D:8471 CRL.P No. 102557 of 2025 disposed off of on 16.08.2023. 7. In light of the order passed by the Co-ordinate Bench of this Court, the proceedings initiated against the petitioner cannot be sustained. Accordingly, I proceeds to pass the following: ORDER (i) The criminal petition is hereby allowed. (ii) The proceedings initiated against the petitioner/accused No.2 for the offence punishable under Section 78(3) of the K.P.Act in C.C.No.3845/2025 pending on the file of Principal Civil Judge and JMFC, Hubballi, is hereby quashed. In view of the disposal of the main petition, pending I.A’s, if any, stand disposed off. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 2 Sl No.: 6