- 1 - NC: 2025:KHC-D:7184 CRL.P No. 101847 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101847 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: GAJANAN, S/O. TARASA HABIB, AGE: 38 YEARS, OCC: PRIVATE JOB, R/AT: BHAVANI NAGAR, BEHIND NAGAR, BEHIND RAGHVENDRA MATH, HUBBALLI, DIST: DHARWAD – 580 020. …PETITIONER (BY SRI. ZANZA JOSHI, ADVOCATE FOR SRI. G.S.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. GIRIJA HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE COGNIZANCE DATED 11.02.2025 AND ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.3/PETITIONER IN HUBBALLI SUB-URBAN POLICE STATION CRIME NO.11/2025 WHICH IS REGISTERED IN C.C.NO.550/2025 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, AT HUBBALLI FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF K.P. ACT, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7184 CRL.P No. 101847 of 2025 CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER Learned High Court Government Pleader accepts notice for the respondent. 2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent. 3. Accused No.3 (petitioner) is before this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings initiated against him in C.C. No.550/2025 pending on the file of the Principal Civil Judge and JMFC, Hubballi, arising out of Crime No.11/2025 registered by the Hubballi Sub-Urban Police Station, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963. 4. The case of the prosecution against the petitioner is with regard to cricket betting. 5. Learned counsel for the petitioner submits that allegation against the petitioner does not come under the - 3 - NC: 2025:KHC-D:7184 CRL.P No. 101847 of 2025 purview of the offence alleged under Section 78(3) of the Karnataka Police Act. Learned counsel for the petitioner submits that the facts involved in this petition is squarely covered by the decision of a Co-ordinate Bench of this Court in Crl.P. No.4090/2023, [ Mr. Raghavendra Shetty Vs. The State of Karnataka & Another, disposed of on 16.08.2023 ]. He also places reliance on another Co-ordinate Bench decision of this Court in Crl. P. No. 100036/2024 [ Venkatesh Vs. The State of Karnataka, disposed of on 16.01.2024 ], which has been allowed in the light of the order passed in Crl.P. No.4090/2023. The Co-ordinate Bench of this Court in Crl. P. No.4090/2023, at paragraphs 7 and 8, has held as under: "7. The coordinate Bench of this Court in Crl.P. No.2929/2020 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 - 4 - NC: 2025:KHC-D:7184 CRL.P No. 101847 of 2025 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. Admittedly, accused No.3 is alleged to have been involved in betting on the cricket match and the Co-ordinate Bench 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, the issue involved in this petition is no more res integra, and the criminal proceedings initiated against the petitioner/accused No.3 cannot be sustained. Hence, the following: ORDER i) The Criminal Petition is allowed. - 5 - NC: 2025:KHC-D:7184 CRL.P No. 101847 of 2025 ii) The criminal proceedings initiated against accused No.3, the petitioner herein, in C.C. No.550/2025 pending on the file of the Principal Civil Judge and JMFC, at Hubballi, is hereby quashed. _________Sd/-_________ JUSTICE K.S.HEMALEKHA KMS CT-ASC List No.: 2 Sl No.: 19