- 1 - NC: 2025:KHC-D:7200 CRL.P No. 101883 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101883 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. RAMCHANDRA VITTAL HEGDE, AGE: 73 YEARS, OCC: AGRICULTURE, R/O: ITAGULI , SIRSI, UTTARA KANNADA, KARNATAKA – 581 336. 2. SHRI. MANJUNATH SUBRAYA HEGDE, AGE: 69 YEARS, OCC: AGRICULTURE, R/O: ITAGULI , SIRSI, UTTARA KANNADA, KARNATAKA – 581 336. 3. SHRI. KESHAV MAHABALESHWAR HEGDE, AGE: 73 YEARS, OCC: AGRICULTURE, R/O: ONIKERI, SIRSI, UTTARA KANNADA, KARNATAKA – 581 318. 4. SHRI MANJUNATH RAMCHANDRA HEGDE, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: NIRANALLI, SIRSI, UTTARA KANNADA, KARNATAKA – 581 336. 5. SHRI. MAHESH RAMCHANDRA HEGDE, AGE: 48 YEARS, OCC: AGRICULTURE, Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7200 CRL.P No. 101883 of 2025 R/O: BELAGADDE, SIRSI, UTTARA KANNADA, KARNATAKA – 581 336. 6. SHRI. NARAYAN VENKATRAMAN HEGDE, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: NIRANALLI, SIRSI, UTTARA KANNADA, KARNATAKA – 581 336. 7. SHRI. VINAY MAHABALESWAR HEGDE, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: ITAGULI , SIRSI, UTTARA KANNADA, KARNATAKA – 581 336. 8. SHRI. KAMALAKAR MADHUKESHWAR BHAT, AGE: 73 YEARS, OCC: AGRICULTURE, R/O: YADALLI, SIRSI, UTTARA KANNADA, KARNATAKA – 581 340. 9. SHRI. ANAND MANJUNATH HEGDE, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: ITAGULI , SIRSI, UTTARA KANNADA, KARNATAKA – 581 336. 10. SHRI. MANJUNATH SATYANARAYAN HEGE, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: ANDALLI, SIRSI, UTTARA KANNADA, KARNATAKA – 581 358 11. SHRI. GANAPATI SHANTARAM HEGDE, AGE: 54 YEARS, OCC: AGRICULTURE, - 3 - NC: 2025:KHC-D:7200 CRL.P No. 101883 of 2025 R/O: ITAGULI , SIRSI, UTTARA KANNADA, KARNATAKA – 581 336. 12. SHRI. MAHABALESWAR SHRIPATI HEGDE, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: BELAGADDE, SIRSI, UTTARA KANNADA, KARNATAKA – 581 336. 13. SHRI. KARTIK GANAPATI HEGDE, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: ITAGULI , SIRSI, UTTARA KANNADA, KARNATAKA – 581 336. …PETITIONERS (BY SRI. SOURABH HEGDE, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH SIRSI RURAL PS, SIRSI – 581 401. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C R/W 528 OF BNSS, SEEKING TO QUASHING THE FIR DATED 09.04.2025 IN CRIME NO.43/2025 REGISTERED WITH THE SIRSI RURAL PS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 79 AND 80 OF K.P.ACT. PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DIV) AND JMFC., COURT, SIRSI, UTTAR KANNADA DISTRICT. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:7200 CRL.P No. 101883 of 2025 CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER Learned High Court Government Pleader accepts notice for the respondent-State. 2. Heard learned counsel for the petitioners and the learned HCGP for the respondent-State. 3. The petitioners are before this Court calling in question the registration of the First Information Report, dated 09.04.2025, in Crime No.43/2025 registered with the Sirsi Rural Police Station, Sirsi Circle, for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963. 4. Learned counsel for the petitioners submits that the facts involved in this petition is squarely covered by the decision of this Court in the case of Eranna & Ors. Vs. State of Karnataka1, which is subsequently relied by Co-ordinate Bench of this Court in several criminal petitions. One such petition is Crl. P. No.100877/2014, [ Ramakrishna & Others Vs. The State of Karnataka and Another, disposed of on 13.06.2014 ]. The Co- 1 1977(1) Kar.L.J. 274 - 5 - NC: 2025:KHC-D:7200 CRL.P No. 101883 of 2025 ordinate Bench, in its order passed in the above criminal petition, at paragraphs 5 and 6 has held as under: “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 common 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 - 6 - NC: 2025:KHC-D:7200 CRL.P No. 101883 of 2025 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 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”. 5. In the light of the decision of this Court rendered in the case of Eranna & Ors. (supra), the issue stands resolved and no more an res integra, and this Court deems it appropriate to quash the proceedings qua the petitioners herein. 6. For the reasons aforementioned, the following: ORDER i) The Criminal Petition is allowed. ii) The FIR, dated 09.04.2025, in Crime No.43/2025 registered with the Sirsi Rural Police Station as against the petitioners herein is hereby quashed. iii) Any materials belonging to the accused/petitioners herein, if seized, shall be released in accordance with law. _________Sd/-_________ JUSTICE K.S.HEMALEKHA KMS, CT-ASC List No.: 2 Sl No.: 42