- 1 - HC-KAR NC: 2025:KHC-D:12166 CRL.P No. 103738 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103738 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: DATTUSA @ DATTU S/O RAMACHANDRASA SALUNKE, AGE. 47 YEARS, OCC. MECHANIC, R/AT: JANATA COLONY, ARVIND NAGAR, OLD HUBBALLI, HUBBALLI, DIST. DHARWAD-580 024. … PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, HUBBALLI TOWN POLICE STATION, HUBBALLI, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.2/PETITIONER IN HUBBALLI TOWN POLICE STATION CRIME NO.13/2025 PENDING ON THE FILE IN C.C. NO.461/2025 ON THE FILE OF JMFC-I COURT, AT: HUBBALLI FOR THE OFFENCES PUNISHABLE UNDER SECTION 78(3) OF K.P. ACT, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12166 CRL.P No. 103738 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) This petition is filed under Section 482 of Cr.PC, with a prayer to quash the entire proceedings in C.C.No.461/2025 pending before the Court of JMFC-I, Hubballi, arising out of Crime No.13/2025 registered by Hubballi Police Station, for the offence punishable under Section 78(3) of Karnataka Police Act, 1963. 2. Heard the learned Counsel for the parties. 3. Perusal of the material on record would go to show that FIR has been registered against the accused in the present case alleging that he was indulged in cricket betting of T-20 Big Bash League 2024 when the match was going on. The co- ordinate Bench of this court in Criminal Petition No.2929/2021 in paragraph No.12 has observed 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 - 3 - HC-KAR NC: 2025:KHC-D:12166 CRL.P No. 103738 of 2025 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." 4. In the light of the order passed by the co-ordinate Bench which is referred to hereinabove, the proceedings initiated against the petitioner for the aforesaid offence cannot be sustained. 5. The material on record would go to show that on the basis of the report dated 22.01.2025 submitted by the first informant who is the Police Officer attached to Hubballi Town Police Station, Dharwad city. FIR in Crime No.13/2025 was registered against accused No.1 for the aforesaid offence. Prior to the registration of FIR, a requisition was submitted before the jurisdictional Magistrate and on the basis of the said requisition, the learned Magistrate having found that the alleged information would form an offence under Section 78 of the Act, which is a non-cognizable offence, has proceeded under Section 155(2) of Cr.PC granting permission to register the FIR and investigate the - 4 - HC-KAR NC: 2025:KHC-D:12166 CRL.P No. 103738 of 2025 same. FIR has been registered for the offence punishable under Section 78(3) of the Act. Investigation in the case is completed and charge sheet has been filed. 6. The order passed under Section 155(2) of Cr.PC is not part of the order sheet maintained by the Trial Court in the present case. The coordinate bench of this Court in the case of VAGGEPPA GURULINGA JANGALIGI VS THE STATE OF KARNATAKA - ILR 2020 KAR 630, has observed that the order passed under Section 155(2) of Cr.PC shall form part of the order sheet in which further proceedings is required to be continued by the Trial Court. In the said case, it is also observed that the learned Magistrate while passing the order under Section 155(2) of Cr.PC shall specify the rank and designation of the police officer who is required to investigate the case. In the present case, the order passed under Section 155(2) of Cr.PC does not indicate or specify the police officer who is required to investigate the case. 7. Under the circumstances, I am of the opinion that if the impugned criminal proceedings is allowed to continue, the - 5 - HC-KAR NC: 2025:KHC-D:12166 CRL.P No. 103738 of 2025 same would amount to abuse of process of the court. Accordingly, the following order: 8. Petition is allowed. The entire proceedings in C.C.No.461/2025 pending before the Court of JMFC-I, Hubballi, arising out of Crime No.13/2025 registered by Hubballi Police Station, for the offence punishable under Section 78(3) of Karnataka Police Act, is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK List No.: 1 Sl No.: 47