- 1 - HC-KAR NC: 2025:KHC-D:16229 CRL.P No. 104525 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. 104525 OF 2025 BETWEEN: LAXMANA S/O RAMAKRISHNANASA SHINGRI AGE. 40 YEARS OCC. BUSINESSMEN R/AT. GAJENDRAGAD TOWN, TQ.GAJENDRAGAD DIST. GADAG - 582 114. &PETITIONER (BY SRI MOT GOURISHANKAR HARISHCHANDRA, ADV.) AND: THE STATE OF KARNATAKA TEKKALKOTA POLICE STATION BALLARI, REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH AT. DHARWAD - 580 011. &RESPONDENT (BY SRI ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO. 7 / PETITIONER IN TEKKALKOTA POLICE STATION CRIME NO. 94/2023 PENDING ON THE FILE IN C.C. NO. 209/2024 ON THE FILE OF CIVIL JUDGE AND JMFC., COURT AT SIRUGUPPA FOR THE OFFENCE PUNISHABLE U/S 78(1)(A)(VI) OF K.P. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16229 CRL.P No. 104525 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.7 is before this Court in this petition filed under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in CC No.209/2024 pending before the Court of Civil Judge and JMFC, Siruguppa, arising out of Crime No.94/2023 registered by Tekkalkota Police Station, Ballari, for the offence punishable under Section 78(1)(a)(vi) of the Karnataka Police Act, 1963. 2. Heard the learned counsel for the petitioner and learned HCGP for the respondent. 3. Perusal of the material on record would go to show that accused Nos.1, 2 and 4 in the impugned criminal proceedings had approached this Court in Crl.P.No.103131/2023 and this Court has allowed the said petition. In paragraph No.3 of the order passed in Crl.P.No.103131/2023, it is observed as follows:- "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 - 3 - HC-KAR NC: 2025:KHC-D:16229 CRL.P No. 104525 of 2025 indulged in cricket betting 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 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 `gaming9 found in Karnataka Police Act." 4. In view of the aforesaid, even this criminal petition has to be allowed. Accordingly, the following order:- 5. The Criminal Petition is allowed. The entire proceedings in CC No.209/2024 pending before the Court of Civil Judge and - 4 - HC-KAR NC: 2025:KHC-D:16229 CRL.P No. 104525 of 2025 JMFC, Siruguppa, arising out of Crime No.94/2023 registered by Tekkalkota Police Station, Ballari, for the offence punishable under Section 78(1)(a)(vi) of the Karnataka Police Act, 1963, is quashed as against the petitioner. Sd/- (S VISHWAJITH SHETTY) JUDGE DN