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2025 DAILYLAW 50181 (KAR)

SHRI. SANJAY MADEV NAIK v. THE STATE OF KARNATAKA

CRL.P/104278/2025 · 2025-11-24

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:16227 CRL.P No. 104278 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 104278 OF 2025 BETWEEN: 1. SHRI. SANJAY MADEV NAIK AGE. 44 YEARS OCC. LABOURER R/O. HOLEBADIKERI, HONNAVAR, BALKUR, UTTARA KANNADA DISTRICT KARNATAKA - 581 423. 2. SHRI ANANTH SUBRYA NAIK AGE. 48 YEARS OCC. DRIVER R/O. PRABHATHKERI, JALAVALLI, HONNAVAR, UTTARA KANNADA DISTRICT - 581 334. 3. SHRI RUPESHKUMAR BIRAKULA @ RUPESH AGE. 20 YEARS OCC. EMPLOYEE, R/O. SHANTHARAJ COLONY PUCHAMOGARU MANGLORE DAKSHIN KANNADA - 574 237. &PETITIONERS (BY SRI SOURABH HEGDE, ADV.) AND: THE STATE OF KARNATAKA R/BY HCGP, HIGH COURT OF KARNATAKA DHARWAD BENCH THROUGH HONNAVAR PS, UTTARA KANNADA, SIRSI - 581 401. &RESPONDENT (BY SRI ABHISHEK MALIPATIL, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16227 CRL.P No. 104278 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO PASS AN ORDER AND QUASHING THE FIR DATED 07.09.2025 IN CRIME NO. 185/2025 REGISTER WITH THE HONNAVARA PS FOR THE OFFENCES P/U/SEC. 80 OF K.P. ACT, ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND J.M.F.C. COURT, HONNAVARA, UTTARA KANNADA IN RESPECT OF PETITIONERS/ACCUSED NO. 2, 6 AND 8. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.2, 6 and 8 are before this Court in this petition filed under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in Crime No.185/2025 registered by Honnavara Police Station, Uttara Kannada, for the offence punishable under Section 80 of the Karnataka Police (Amendment) Act, 2021. 2. Heard the learned counsel for the petitioners and the learned HCGP for the respondent. 3. Perusal of the material available on record would go to show that impugned criminal proceedings insofar as it relates to accused Nos.1, 3 to 5 and 7 has been quashed by this Court in Crl.P.No.103955/2025 on the ground that game of Andar - 3 - HC-KAR NC: 2025:KHC-D:16227 CRL.P No. 104278 of 2025 Bahar has been considered as a game of skill and therefore, the police were not justified in invoking Section 80 of the Karnataka Police Act, 1963, against accused in the present case. 4. The reasoning assigned by this Court in Crl.P.No.103955/2025 is squarely applicable even to the case of the petitioners herein and therefore, petitioners are entitled for the relief sought for in this petition. Accordingly, the following order:- 5. The Criminal Petition is allowed. The entire proceedings in Crime No.185/2025 registered by Honnavara Police Station, Uttara Kannada, for the offence punishable under Section 80 of the Karnataka Police (Amendment) Act, 2021, is quashed as against the petitioners herein. Sd/- (S VISHWAJITH SHETTY) JUDGE DN