- 1 - HC-KAR NC: 2025:KHC-D:11669 CRL.P No. 102977 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102977 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI PRASANNA KABADI S/O SHRIRANGASA, AGE. 31 YEARS, OCC. BUSINESS, R/AT: BASAVESHWAR ROAD, JAVALA GALLI, VTC, GADAG. … PETITIONER (BY SRI. VINOD S. SHINGADE, ADVOCATE) AND: THE STATE OF KARNATAKA, CEN POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. … 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 COGNIZANCE DATED 19.08.2021 AND FURTHER PROCEEDING AGAINST THE ACCUSED/PETITIONERS NO.6 AND 7 AS FILED BY TOWN POLICE STATION, GADAG IN CRIME NO.01/2020 WHICH IS SUBSEQUENTLY REGISTERED IN C.C. NO.2426/2021 PENDING BEFORE THE I ADDL. CIVIL JUDGE AND J.M.F.C. AT: GADAG FOR THE OFFENCES PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT 1963, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS 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:11669 CRL.P No. 102977 of 2024 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.2426/2021 pending before the Court of I Addl. Civil Judge & JMFC, Gadag, arising out of Crime No.1/2020 registered by Gadag CEN Crime Police Station, Gadag District, for the offence punishable under Sections 78(1)(a)(vi) & 87 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 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:11669 CRL.P No. 102977 of 2024 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 receipt of the credible information, the first informant and his staff had conducted raid to the alleged spot and had seized the money that was used for the purpose of cricket betting. The other articles which were used for cricket betting were also seized and subjected to panchanama and thereafter, the seized articles were brought to the police station and subsequently, the FIR in Crime No.1/2020 was registered for the offence punishable under Sections 78(1)(a)(vi) & 87 of the K.P.Act. Before registration of FIR, raid was conducted and the articles used by the accused persons for the purpose of conducting - 4 - HC-KAR NC: 2025:KHC-D:11669 CRL.P No. 102977 of 2024 cricket betting were seized under a panchanama. Therefore, the investigation in the case had commenced even prior to registration of FIR in Crime No.1/2020. 6. Undisputedly, the alleged offence is a non-cognizable offence, and therefore, compliance of Section 155(2) of Cr.PC, becomes mandatory in the present case. 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. In the - 5 - HC-KAR NC: 2025:KHC-D:11669 CRL.P No. 102977 of 2024 present case, there is no material to show that the order passed under Section 155(2) of Cr.PC, is part of the order sheet. 7. Under the circumstances, I am of the opinion that if the impugned criminal proceedings is allowed to continue, the 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.2426/2021 pending before the Court of I Addl. Civil Judge & JMFC, Gadag, arising out of Crime No.1/2020 registered by Gadag CEN Crime Police Station, Gadag District, for the offence punishable under Sections 78(1)(a)(vi) & 87 of Karnataka Police Act, 1963, is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 2 SL NO.: 6