- 1 - HC-KAR NC: 2025:KHC-D:10179 CRL.P No. 103133 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103133 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHIVANAND S/O BALAPPA PATTANSHETTI, AGE. 33 YEARS, OCC. CIVIL CONTRACTOR, R/O. YARAGATTI, TQ. YARAGATTI, DIST. BELAGAVI-591 129. … PETITIONER (BY SRI. G.R. TURAMARI, ADVOCATE) AND: THE STATE OF KARNATAKA, PSI MULAGUND POLICE STATION, GADAG, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 001. … 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 PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.1 IN C.C. NO.985/2025 PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC-II COURT, GADAG, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 78(1)(A)(IV)(VI) OF KARNATAKA POLICE ACT 1963, ARISING OUT OF P.S. CRIME NO.32/2025 OF MULAGUND P.S., 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:10179 CRL.P No. 103133 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in C.C. No.985/2025 pending before the Court of II Additional Civil Judge, II JMFC, Gadag arising out of Crime No.32/2025 registered by Mulagund Police Station, Gadag for offences punishable under Sections 78(1)(A)(iv)(vi) of Karnataka Police Act, 1963 is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in the aforesaid proceedings against the petitioner. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that the allegations against the petitioner is that he is indulged in betting in a cricket match and therefore, the impugned criminal proceedings has been initiated against him. He submits that in view of the order passed by the co-ordinate Bench of this Court in Criminal Petition No.967/2018 decided on 04.06.2018, in similar circumstances wherein the accused were involved in IPL cricket betting, the impugned proceedings is liable to be quashed. - 3 - HC-KAR NC: 2025:KHC-D:10179 CRL.P No. 103133 of 2025 4. Learned HCGP who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. 5. Allegation against the petitioner is that on 05.04.2025 he was found indulged in illegal betting while a cricket match between Chennai Super Kings and Delhi Capitals was being played. In the order passed by the co-ordinate Bench of this Court in Criminal Petition No.967/2018 decided on 04.06.2018, in similar circumstances wherein the accused were involved in IPL cricket betting, this Court at paragraphs 4 and 5 has observed as under: “4. As could be seen from the entire charge sheet papers, no independent witnesses have been examined with reference to the betting and who are all the persons who have participated in the betting and paid money to the accused persons and how much money being paid or whether any complaint alleged was made in this regard or not. Therefore, there cannot be any clap without two hands, unilaterally, the accused cannot play gambling without the help of the public at large as mentioned in the complaint as well as in the charge sheet. None of the witnesses have been examined by the Police to show that who is the - 4 - HC-KAR NC: 2025:KHC-D:10179 CRL.P No. 103133 of 2025 person who has actually misappropriated in not giving money back to them. Under the above said circumstances, when the offence itself is not constituted on the basis of the charge sheet papers, nothing remains for consideration and hence the proceedings deserves to be quashed. 5. One of the important aspect that has to be taken into consideration at the initial stage is that, the Police have registered a case for the offence punishable under section 420 of IPC, but there is absolutely no allegations of whatsoever in the FIR in order to attract Section 420 of IPC. Perhaps, it may be the reason the Police have invoked Section 420 of IPC without any substance so as to avoid the provisions of Section 155(2) of Cr.P.C. and taking permission to investigate a non cognizable offence. The attitude of the Police, in my opinion, has to be deprecated, if they act in such a manner. Further, the court has to view hereinafter seriously. Therefore, in my opinion, the Commissioner of Police has to take appropriate measure in this regard in properly guiding the Police officers who are in the helm of affairs during investigation.” 6. 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 - 5 - HC-KAR NC: 2025:KHC-D:10179 CRL.P No. 103133 of 2025 aforesaid offences cannot be sustained. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in C.C. No.985/2025 pending before the Court of II Additional Civil Judge, II JMFC, Gadag arising out of Crime No.32/2025 registered by Mulagund Police Station, Gadag for offences punishable under Sections 78(1)(A)(iv)(vi) of Karnataka Police Act, 1963 against the petitioner is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE Rsh / CT:BCK LIST NO.: 1 SL NO.: 27