- 1 - HC-KAR NC: 2025:KHC-D:11723 CRL.P No. 103597 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103597 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. MAHAMADSAJID S/O JAHANGIRDADA KOTAWAL, AGE. 28 YEARS, OCC. LABOURER, R/O. JAMKHANDI, AWATI GALLI, DIST. BAGALKOT, KARNATAKA-587 301. 2. KRISHNA S/O SAMBAJI PARASE, AGE. 24 YEARS, OCC. LABOURER, R/O. JAMKHANDI, SHIVAJI NAGAR, DIST. BAGALKOT, KARNATAKA-587 301. 3. JAMEEL S/O BABALAL SHEKH, AGE. 58 YEARS, OCC. LABOURER, R/O. RABAKAVI, NEAR MAHALINGAPUR NAKHA, DIST. BAGALKOT, KARNATAKA-587 301. 4. APPASAB S/O ANNAPPA PAWAR, AGE. 60 YEARS, OCC. LABOURER, R/O. JAMKHANDI, BARPETH GALLI, DIST. BAGALKOT, KARNATAKA-587 301. 5. ASHAD S/O GUDUSAB NADAF, AGE. 40 YEARS, OCC. LABOURER, R/O. JAMKHANDI, GIRISH NAGAR, DIST. BAGALKOT, KARNATAKA-587 301. 6. CHANNAPPA S/O GOOLAPPA JAMBAGI, AGE. 53 YEARS, OCC. LABOURER, R/O. JAMKHANDI, KUNCHANUR ROAD, DIST. BAGALKOT, KARNATAKA-587 301. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11723 CRL.P No. 103597 of 2025 7. SACHIN S/O SHEKAR HOSAPET, AGE. 29 YEARS, OCC. BUSINESSMAN, R/O. HOSAPETE NEAR BUS STAND, DIST. VIJAYANAGARA, KARNATAKA-583 201. 8. PRASHANT S/O RAVINDRA MUDHOL, AGE. 49 YEARS, OCC. LABOURER, R/O. JAMKHANDI, NEAR GOVT. HOSPITAL, DIST. BAGALKOT, KARNATAKA-587 301. 9. MAHADEV S/O SHIVAPPA RAGHANNAVAR, AGE. 65 YEARS, OCC. FARMER, R/O. LOKAPUR, TQ. JAMKHANDI, DIST. BAGALKOT, KARNATAKA-578 122. 10. ASHOK S/O SIDDAPPA KOTYAL, AGE. 51 YEARS, OCC. LABOURER, R/O. JAMKHANDI, ULLAGADDI ONI, DIST. BAGALKOT, KARNATAKA-578 301. 11. GOPAL S/O DUNDAPPA KAMBLE, AGE. 56 YEARS, OCC. FARMER, R/O. MALALI, TQ. MUDHOL, DIST. BAGALKOT, KARNATAKA-587 113. 12. GOUS S/O KHADARSAB MAKANDAR, AGE. 40 YEARS, OCC. DRIVER, R/O. JAMKHANDI, CHOUDAYYA NAGAR, DIST. BAGALKOT, KARNATAKA-578 301. 13. KIRAN S/O BABURAO NAIK, AGE. 42 YEARS, OCC. CONTRACTOR, R/O. VIJAYAPUR BANJARA CROSS, BANJAJARA WEST, H.NO.26, DIST. VIJAYAPUR, KARNATAKA-586 103. 14. VITTAL S/O SHARANAPPA UPPAR, AGE. 35 YEARS, OCC. FARMER, R/O. DEVAPUR, TQ. BABALESHWAR, DIST. VIJAYAPUR, KARNATAKA-586 125. - 3 - HC-KAR NC: 2025:KHC-D:11723 CRL.P No. 103597 of 2025 15. RAMESH S/O BASAPPA NUCCHIN, AGE. 50 YEARS, OCC. FARMER, R/O. VIJAYAPUR, SAIPARK, H.NO.39, DIST. VIJAYAPUR, KARNATAKA-586 101. 16. PEERAPPA S/O YAMANAPPA MANG, AGE. 40 YEARS, OCC. FARMER, R/O. MALALI, TQ. MUDHOL, DIST. BAGALKOT, KARNATAKA-580 024. 17. RAJESAB S/O SHIRASAB NADAF, AGE. 53 YEARS, OCC. LABOURER, R/O. BANAHATTI, NEAR WATER TANK, DIST. BAGALKOT, KARNATAKA-587 311. 18. MALLAPPA S/O RAMAPA AWATI, AGE. 42 YEARS, OCC. FARMER, R/O. GADYAL, TQ. JAMKHANDI, DIST. BAGALKOT, KARNATAKA-587 330. 19. HANAMANTH S/O MALAKANGOUDA PATIL, AGE. 47 YEARS, OCC. FARMER, R/O. KAVATAGI, TQ. JAMKHANDI, DIST. BAGALKOT, KARNATAKA-587 301. 20. SOMASHEKAR S/O RACHAPPA DODDAWAD, AGE. 38 YEARS, OCC. EMPLOYED IN PRIVATE FIRMS, R/O. HULYAL, TQ. JAMKHANDI, DIST. BAGALKOT, KARNATAKA-587 301. 21. KUMAR S/O RAMAPPA DODDAMANI, AGE. 40 YEARS, OCC. LABOURER, R/O. JUNJARAWAD, TQ. JAMKHANDI, DIST. BAGALKOT, KARNATAKA-587 118. 22. SHRISHAIL S/O SHIVAPPA GANIGER, AGE. 52 YEARS, OCC. BUSINESSMAN, R/O. JAMKHANDI, SIDRAMESHWAR COLONY, DIST. BAGALKOT, KARNATAKA-587 301. - 4 - HC-KAR NC: 2025:KHC-D:11723 CRL.P No. 103597 of 2025 23. JAKEER S/O ABDULRAZAK BALLARY, AGE. 44 YEARS, OCC. HOTEL EMPLOYEE, R/O. VIJAYAPUR, TEGADI GALLI, DIST. VIJAYAPUR, KARNATAKA-586 101. 24. KUMAR S/O RAMESH MISHANNAVAR, AGE. 28 YEARS, OCC. FARMER, R/O. HULYAL, TQ. JAMKHANDI, DIST. BAGALKOT, KARNATAKA-587 118. 25. GIRISH S/O MALLAPPA KANTI, AGE. 40 YEARS, OCC. FARMER, R/O. BUDNI, TQ. JAMKHANDI, DIST. BAGALKOT, KARNATAKA-587 121. 26. BALANAGOUDA S/O APPANAGOUDA PATIL, AGE. 43 YEARS, OCC. FARMER, R/O. LOKAPUR, BAZAR AREA, DIST. BAGALKOT, KARNATAKA-587 122. 27. SANTOSH S/O BABU KANDENNAVAR, AGE. 33 YEARS, OCC. DRIVER, R/O. DEVARGENNUR, TQ. BABALESHWAR, DIST. VIJAYAPUR, KARNATAKA-586 125. 28. SADIK S/O ABDUL PENDARI, AGE. 54 YEARS, OCC. MECHANIC, R/O. JAMKHANDI, PENDARI ONI, DIST. BAGALKET, KARNATAKA-587 301. 29. SURESH S/O MAHALINGAPPA HOSATTI, AGE. 45 YEARS, OCC. FARMER, R/O. GADYAL, TQ. JAMAKHANDI, DIST. BAGALKOT, KARNATAKA-587 330. 30. RAVI S/O ADIVEPPA AMBI, AGE. 45 YEARS, OCC. OTHER PI SPECIFY, R/O. SIDDAPUR, TQ. JAMAKHANDI, DIST. BAGALKOT, KARNATAKA-581 355. - 5 - HC-KAR NC: 2025:KHC-D:11723 CRL.P No. 103597 of 2025 31. DUNDAPPA S/O SHANKAR KAREHONNA, AGE. 40 YEARS, OCC. DRIVER, R/O. TAMBAKU CHOUK MUDOL, DIST. BAGALKOT, KARNATAKA. 32. VASUDEV S/O SHANKAR PARAS, AGE. 45 YEARS, OCC. LABOURER, R/O. SHIVAJI CIRCLE, TQ. JAMAKHANDI, DIST. BAGALKOT, KARNATAKA-587 301. 33. GOPINATH S/O PRAKASH MISHE, AGE. 39 YEARS, OCC. BUSINESSMAN, R/O. SHANTI NAGAR, JAMAKHANDI, DIST. BAGALKOT, KARNATAKA-587 301. … PETITIONERS (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH JAMKHANDI RURAL P.S. 2. M.D. MADDI, AGE. 43 YEARS, OCC. POLICE OFFICER, R/O. JAMAKHANDI CIRCLE, TQ. JAMKANDI, DIST. BAGALKOT-587 301. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO ALLOW THIS PETITION BY QUASHING THE ENTIRE PROCEEDINGS IN JAMKHANDI RURAL P.S. CRIME NO.95/2025, COMPLAINT AND ENTIRE PROCEEDINGS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 79 AND 80 OF K.P. ACT ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, JAMKHANDI, IN THE INTEREST OF JUSTICE AND EQUITY. - 6 - HC-KAR NC: 2025:KHC-D:11723 CRL.P No. 103597 of 2025 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court in this petition filed under Section 528 of BNSS, 2023 read with Section 482 of Cr.P.C., with a prayer to quash the FIR in Crime No.95 of 2025 registered by Jamkhandi Rural Police Station, Bagalkot District for the offences punishable under Sections 79 and 80 of the Karnataka Police Act. 2. Heard the learned counsel for the parties. 3. Learned counsel submits that the petitioners are members of recreation club and for extraneous reasons police have conducted a raid and thereafter, registered the impugned criminal proceedings against them. Petitioners allegedly indulged in playing the game of Andar-bahar in the recreational club. He submits that in identical circumstances, this Court in Criminal Petition No.1997 of 2021 has quashed the similar proceedings. - 7 - HC-KAR NC: 2025:KHC-D:11723 CRL.P No. 103597 of 2025 4. Per contra, the learned HCGP, who has opposed the petition submits that there is compliance of Section 155(1) and Section 174(2) of the BNSS 2023 in the present case. Investigation of the case is under progress. Accordingly, prays to dismiss the petition. 5. It is the case of the prosecution that petitioners who are the members of the recreation club known as Fresh Recreation Club situated at Jamakhandi within the jurisdiction of Jamakhandi Rural Police Station, where indulged in playing the game of cards known as Andar Bahar on 25.07.2025. It is under these circumstances, Jamkhandi Rural Police had conducted a raid to the recreation club and after apprehending the accused who were found playing cards inside the recreation club had registered the impugned criminal proceedings against them. This Court in Criminal Petition No.9298/2017 disposed of on 30.01.2018 is paragraph Nos.5 and 6 has observed as follows:- - 8 - HC-KAR NC: 2025:KHC-D:11723 CRL.P No. 103597 of 2025 5. In another decision reported in Eranna and others Vs. State of Karnataka [1977(1) Kar.L.J. 274], this court has observed that,- "Unless the prosecution proved, how the game of 'Andar Bahar' is played and in what manner bettings are recorded, it could not be inferred that it was a pure and simple game of chance and not a game of skill". 6. This court also observed in the said case that, though the persons were plaing the game called 'Andar Bahar' in a private house or at a public house, the court interpreting the provisions of Section 2(3) of K.P.Act referring to the definition of 'Common Gaming House', has observed that, though the persons were playing 'Andar Bahar' inside their house for that reason only it cannot be called as a common gaming house. When no complaint has been filed by anybody that the said house has been converted into a common gaming house at any point of time. Merely on the ground as an isolated circumstance, if some persons - 9 - HC-KAR NC: 2025:KHC-D:11723 CRL.P No. 103597 of 2025 or the inmates of the house were playing 'Andar Bahar', at any stretch of imagination, it cannot be said that the said house can be called as 'Common Gaming House'." 6. In Crl.P.No.200807/2017 (Ramu & others Vs The State), the co-ordinate bench of this Court, has held in paragraph 8 as under: "8. The third contention which has been raised by the learned counsel for the petitioners are that, though the charge sheet has been laid against the petitioners, there is nothing to demonstrate that the petitioners-accused were playing Andar Bahar and it is a game of chance. As could be seen from the records, no where the material indicates the type of game, which they are intending to play or played. Even the complaint and other material indicates that at a distance by hiding near the temple, the police officials and the other witnesses have seen that, two groups have been sat around and they were playing immediately, thereafter they have made a raid. In order to say that the petitioners were playing Andar Bahar, the prosecution has to - 10 - HC-KAR NC: 2025:KHC-D:11723 CRL.P No. 103597 of 2025 prove how the game of Andar Bahar is played and in what manner the betting are recorded and how that the play was going on. Only by seeing at a distance, it could not been inferred that poor and simple game and no game of skill. If any betting was registered and even if any pledge of movables was made in spite of the betting that itself did not constitute a game of skill into a game of chance. If the entire material if it is perused, it was not clearly proved that the accused persons were playing Andar Bahar and it is a game of chance and as such it is not going to attract the provisions of Sections 78 and 80 of the Act. This proposition of law has been laid down in the case of Eranna & Ors. Vs. State of Karnataka reported in 1977(1) Karnataka Law Journal page 274. When once all the material, which has been produced and if it does not forthcoming to show that the said game, which was intended to be or which was played was a game of chance and was not a game of skill involved in that game, under such circumstances the proceedings which have been initiated by virtue of filing the charge sheet appears to be - 11 - HC-KAR NC: 2025:KHC-D:11723 CRL.P No. 103597 of 2025 not sustainable in law and the same are liable to be quashed. Keeping in view the above said facts and circumstances of the case, the petition is allowed and proceedings initiated against the petitioners in C.C.No.227/2016, pending on the file of Civil Judge and JMFC, Shahabad is hereby quashed." 7. If the allegation found against the petitioners herein is appreciated in the background of the pronouncements rendered by this Court in the aforesaid orders, since the petitioners were allegedly playing the game of Andar Bahar, which has been held to be a game of skill and not a game of chance, registration of criminal case as against members of the club cannot be sustained. In the case of Eranna and others Vs. State of Karnataka (1977(1) Kar.L.J. 274), it has been held that unless there is a complaint by any private party that the club premises was being used as a common gaming house, criminal proceedings for the alleged offences cannot be initiated against the members of the club. Under the circumstances, - 12 - HC-KAR NC: 2025:KHC-D:11723 CRL.P No. 103597 of 2025 I am of the opinion that the impugned criminal proceedings registered against the petitioners, if allowed to continue would amount to abuse of process of law. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in Crime No.95 of 2025 registered by Jamkhandi Rural Police Station, Bagalkot District for the offences punishable under Sections 79 and 80 of the Karnataka Police Act stands quashed as against the petitioners herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 48