- 1 - HC-KAR NC: 2025:KHC:32764 WP No. 25100 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 25100 OF 2025 (GM-RES) BETWEEN: 1. MR. JAFFAR SADIK C/O ALLABAKASH, AGED ABOUT 31 YEARS, PRESENTLY RESIDING AT SONNASHETTIHALLI, CHINTHAMANI TOWN, CHIKKABALLAPURA DISTRICT - 563 125. 2. MR. SALMAN KHAN C/O AMEER JHAN, AGED ABOUT 31 YEARS, RESIDING AT MUSALKUNTE, MULABAGAL TALUK, KOLAR - 563 116. 3. SACHIN @ SYED JAVEED ALSO KNOWN AS SYED RAHAMATHULLA, S/O SYED SAMEEULLA, AGED ABOUT 40 YEARS, R/AT NO.504/3, SHAHEEN SHA NAGAR, MAHALAKSHMI LAYOUT, KOLAR - 563 101. …PETITIONERS (BY SRI. GAURAV G K., ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32764 WP No. 25100 of 2025 AND: 1. THE STATE - THROUGH THE CHINTAMANI TOWN POLICE STATION CHIKKABALLAPURA, DISTRICT - 563 125. 2. MR. HARISH K S/O NOT KNWON TO THE PETITIONERS, AGED ABOUT 52 YEARS, WORKING AS ASI HAVING OFFICER AT CHINTAMANI, RURAL POLICE STATION, CHINTAMANI RURAL POLICE STATION, CHINTAMANI, CHIKKABALLAPURA - 563 125. (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001) …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, READ WITH SECTION 528 OF THE BNSS, 2023 PRAYING TO PASS ANY APPROPRIATE WRIT/ORDER QUASHING ALL PROCEEDINGS IN C.C. NO. 1151/2025 PENDING BEFORE THE COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC, CHINTAMANI, CHIKKABALLAPUR DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTION 78(1)(A)(VI) OF THE KARNATAKA POLICE ACT, 1963, IN AS MUCH AS THE PETITIONER NO.3 IS CONCERNED (ANNEXURE - A), C.C. NO.1151/2025 PENDING BEFORE THE COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC, CHINTAMANI, CHIKKABALLAPUR DISTRICT. - 3 - HC-KAR NC: 2025:KHC:32764 WP No. 25100 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned counsel for the petitioner, placing reliance on the judgment rendered by a Co-ordinate Bench of this Court in Crl.P.No.7525/2025, produced at Annexure–D, submits that the proceedings against petitioners No.1 and 2 have already been quashed, and that the proceedings are now pending only against petitioner No.3. 2. On perusal of the judgment of the Co-ordinate Bench, this Court finds that the Bench, following earlier decisions, has categorically held that cricket, being a sport, does not fall within the ambit of “gaming” as defined under the Karnataka Police Act, and that even if there is betting on the game, the same would not constitute an offence under the said Act. It was in that background that the proceedings against accused Nos.1 and 2 were quashed. Since identical allegations are levelled against petitioner No.3/accused No.3 in the very same crime, this Court is of the considered view that on the - 4 - HC-KAR NC: 2025:KHC:32764 WP No. 25100 of 2025 principle of parity, petitioner No.3 is also entitled to the same relief. 3. Accordingly, the petition stands allowed. The proceedings in C.C.No.1151/2025, for the offence punishable under Section 78(1)(A)(VI) of the Karnataka Police Act, 1963, insofar as they relate to petitioner No.3, are hereby quashed. 4. As the proceedings against all accused Nos.1 to 3 now stand quashed, the petitioners/accused are at liberty to move an application before the jurisdictional Magistrate seeking release of the properties seized during the course of investigation. If such an application is filed, the learned Magistrate shall consider the same and pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 148