- 1 - HC-KAR NC: 2025:KHC-D:9507 CRL.P No. 101402 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101402 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: VISHNUSA S/O VITTALASA KHODE, AGE: 34 YEARS, OCC: BUSINESSMEN, R/AT: GAJENDRAGAD NAVANAGAR, GADAG, TQ: GADAG, DIST: GADAG-582 101. … PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, GADAG 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 24.08.2023 AND ENTIRE PROCEEDINGS AGAINST THE ACCUSED/PETITIONER IN GADAG CEN POLICE STATION CRIME NO.03/2023 WHICH IS REGISTERED IN C.C. NO.1348/2023 ON THE FILE OF THE JMFC-I, AT: GADAG FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(1)(A)(6)(7) OF K.P. ACT, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.04 15:17:22 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9507 CRL.P No. 101402 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the entire proceedings in C.C. No.1348/2023 pending before JMFC I Court, Gadag arising out of a Crime No.3/2023 registered by Gadag CEN Crime Police Station, Gadag for offences punishable under Sections 78(1)(a)(vi) of Karnataka Police Act. 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 betting on the cricket match when India vs. Srilanka cricket 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 - 3 - HC-KAR NC: 2025:KHC-D:9507 CRL.P No. 101402 of 2025 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 offences cannot be sustained. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in C.C. No.1348/2023 pending before JMFC I Court, Gadag arising out of a Crime No.3/2023 registered by Gadag CEN Crime Police Station, Gadag for offences punishable under Sections 78(1)(a)(vi) of Karnataka Police Act, is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 71