- 1 - HC-KAR NC: 2025:KHC:45147 CRL.P No. 14009 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14009 OF 2025 BETWEEN: 1. RAMESH T. S/O. LATE THIMMAIAH, AGED ABOUT 58 YEARS, R/AT NO.2879, 14TH CROSS, BANASHANKARI, II STAGE, BENGALURU - 560 070. 2. MURALI P. S/O. P. PALANISWAMY AGED ABOUT 61 YEARS, R/AT NO.39, I MAIN, 1ST CROSS, NEAR SOUDAMINI CHOULTRY, KONANAKUNTE, DODAKALLASANDRA, BENGALURU - 560 062. 3. P ANANDAMURTHY, S/O.LATE PAPANNA, AGED ABOUT 58 YEARS, R/AT NO.208/59, 25TH CROSS, JAYANAGAR 6TH BLOCK, BENGALURU SOUTH, BENGALURU - 560 011. 4. BABU REDDY T. S/O.THIMMAIAH REDDY AGED ABOUT 64 YEARS, R/AT NO.19, ANJINEYA TEMPLE STREET, 1ST CROSS, YADIYUR, JAYANAGAR 6TH BLOCK, BENGALURU - 560 070. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45147 CRL.P No. 14009 of 2025 5. PUTTASWAMY S/O.MARIGOWDA, AGED ABOUT 56 YEARS, R/AT NO.8/8A, V.R.RESIDENCY, CHIKKALLASANDRA, BENGALURU - 560 061. 6. T.SRINIVASA S/O.THIMMAIAH AGED ABOUT 61 YEARS R/AT NO.190, 2ND CROSS, GANGARIVER ROAD, BHRUNDAVAN NAGAR, SRINAGAR PIPELINE, BENGALURU - 560 050. 7. B.PRASHANTH S/O.K.BYATAPPA, NO.88/1, GANESH MANDIR ROAD, 2ND BLOCK, T.R. NAGAR, BENGALURU - 560 028. 8. THIMMANNA S/O.SIDDAPPA, AGED ABOUT 50 YEARS, R/AT NO.43, PATALAMMA TEMPLE ROAD, KANAKANAPALYA, JAYNAGAR 2ND BLOCK, BENGALURU SOUTH BENGALURU - 560 011. 9. UMASHANKAR K. S/O.KALAIAH, AGED ABOUT 39 YEARS, R/AT NO.22, V.K.MANSION, KHUVEMPU ROAD, D'SOUZA NAGAR, HOSAKERAHALLI, B.S.K. III STAGE, BENGALURU - 560 085. - 3 - HC-KAR NC: 2025:KHC:45147 CRL.P No. 14009 of 2025 10. KIRANKUMAR T. S/O.THIMMEGOWDA K. AGED ABOUT 57 YEARS, R/AT NO.34/35, I MAIN ROAD, PRASHANTH NAGAR, NEAR DAV PUBLIC SCHOOL, OFF VASANTHAPURA VTC BENGALURU SOUTH, BENGALURU - 560 078. 11. N.NAGARAJ S/O.K.N.NARASIMAIAH AGED ABOUT 63 YEARS, R/AT NO.71/6, 1ST CROSS, 3RD MAIN, SHAKAMBARINAGAR, OPP BANASHANKARI TEMPLE, BANASHANKARI, BENGALURU SOUTH, BENGALURU - 560 070. …PETITIONERS (BY SRI. RAMAKRISHNA A.V., ADVOCATE) AND: STATE BANASHANKARI P.S. REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. RAHUL RAI K., HCGP FOR R1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.232/2025 REGISTERED BY THE BANASHANKARI POLICE FOR THE OFFENCE P/US/ 79 AND 80 OF KARNATAKA POLICE ACT, 1963 AGAINST THE PETITIONERS PENDING ON THE FILE OF JMFC (TRAFFIC COURT V) BENGALURU CITY AS PER ANNEXURE A, ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:45147 CRL.P No. 14009 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Police have registered a suo-motu case, for the offence punishable under Section 79 and 80 of the Karnataka Police Act, 1963 after taking permission from the jurisdictional Court, alleging that on 31.03.2025, the accused were indulged in gambling. 2. It appears that on 31.03.2025 there was a complaint lodged by the first petitioner based on which a case was registered in Crime No. 102/2025 of Banashankari Police Station, Bengaluru City, for the offence punishable under Section 310(2) and 311 of the BNS 2023. In his complaint the first petitioner herein has alleged that on 31.03.2025, the day of Ugadi festival, at about 02.00 p.m., he along with his friends were playing cards in the second floor of One BVK club and at that time, about 6 unknown persons aged between 20 and 35 years wearing masks and caps, holding dangerous weapons, entered the room where they were playing, assaulted - 5 - HC-KAR NC: 2025:KHC:45147 CRL.P No. 14009 of 2025 them and also robbed a cash of Rs.1,00,000/- and gold ornaments weighing 700 grams. 3. It appears that when the said case was being investigated, the police have registered the instant case against the petitioners for the offence under Sections 79 and 80 of the Karnataka Police Act, 1963. The averments in the complaint lodged by petitioner No.1, consequent to which Crime No.102/2025 was registered at Banashankari Police Station, it is not stated that the petitioners and other accused were gambling or they were playing Andar- Bahar, as alleged in the instant case. 4. Be that as it may, the accused are alleged to have played andharbahar on 31.03.2025. The case was registered on 25.06.2025. Except the statement of petitioner No.1, i.e., the complainant in Crime No.102/2025, there is no other material to substantiate that that accused were playing andarbahar or they were gambling. Merely because it was alleged by the first petitioner while lodging complaint that the accused in - 6 - HC-KAR NC: 2025:KHC:45147 CRL.P No. 14009 of 2025 Crime No.102/2025 have robbed the gold ornaments and cash, while they were playing cards, that itself will not lead to a conclusion that the petitioners were gambling or playing andharbahar. 5. The proceeding now initiated against the petitioners is an abuse of process of law and the same is liable to be quashed. Accordingly the following:- ORDER i) Petition is allowed. ii) The entire proceedings in Crime No. 232/2025 registered at Banshankari Police Station, Bengaluru City, for the offence punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 is quashed. IA No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 59