- 1 - NC: 2025:KHC-D:2720 CRL.P No. 102876 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102876 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SURESH B S/O. DHARMARAJ AGE. 39 YEARS, OCC. BUSINESSMAN, R/O. W.NO.18, SIDDARTHA COLONY, 2ND CROSS, GANDHI NAGAR, BALLARI-583103. …PETITIONER (BY SMT. RESHMA MADIWALAR, ADVOCATE FOR SRI. T.HANUMAREDDY, ADVOCATE) AND: THE STATE OF KARNATAKA BY SHO GANDHI NAGAR P.S., BALLARI PRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/SEC. 528 OF BNSS, 2023 SEEKING TO, QUASH THE ENTIRE CHARGE SHEET ALL PROCEEDINGS IN CC NO.796/2023 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC COURT, BALLARI (CRIME NO. 42/2023 OF GANDHINAGAR PS) REGISTERED FOR THE OFFENCES P/U/SEC. U/SEC. 78(A)(vi) OF KARNATAKA POLICE ACT, 1963 IN SO FAR AS PETITIONER/SOLE ACCUSED IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.15 12:54:58 +0530 - 2 - NC: 2025:KHC-D:2720 CRL.P No. 102876 of 2024 ORAL ORDER 1. The petitioner/accused has been charge-sheeted for the offence punishable under Section 78(A)(vi) of the Karnataka Police Act, 1963. 2. The prosecution alleges that on 20.04.2023, credible information was received regarding betting activities in a public place on the IPL match between Royal Challengers Bengaluru and Kings XI Punjab. Acting upon this information, the complainant, along with his staff, conducted a raid at the said location and allegedly found the petitioner involved in betting on the cricket match. 3. Learned counsel for the petitioner and learned Additional Government Advocate for the respondent/State have been heard. 4. The offence under Section 78 of the Karnataka Police Act, 1963 is non-cognizable. As per Section 155 of the Code of Criminal Procedure, 1973 (Cr.P.C.), prior permission from the Magistrate is mandatory before conducting any search, seizure, or arrest. 5. In the present case, no such permission was obtained by the police before carrying out the search, seizure, and arrest of the accused. Consequently, the charge sheet filed by the police is vitiated for non-compliance with mandatory procedural requirements. - 3 - NC: 2025:KHC-D:2720 CRL.P No. 102876 of 2024 6. The issue of whether betting on a cricket match falls within the scope of Section 78 of the Karnataka Police Act, 1963, was examined by a Coordinate Bench of this Court in Crl.P. No.100036/2024, wherein it was held: “One of the petitioners is a bookie said to be involved in betting. Learned counsel Sri. Hashmath Pasha relied upon the judgment of the Hon’ble Supreme Court in Board of Control for Cricket in India v. Cricket Association of Bihar & Ors., (2016) 8 SCC 535 , where it was observed that betting ought to be legalized. It was argued by the respondent that betting amounts to gaming, which is an offence under the Karnataka Police Act. However, if Section 2(7) of the Karnataka Police Act is examined, its explanation clearly states that a ‘game of chance’ does not include any athletic game or sport. Cricket being a sport, even if betting takes place, it cannot be brought within the ambit of the definition of ‘gaming’ under the Karnataka Police Act.” 7. In the present case, the petitioner is alleged to have engaged in betting on a cricket match, which, as per the Coordinate Bench’s ruling, does not constitute ‘gaming’ under the Karnataka Police Act. 8. In light of the above, the essential elements required to constitute an offence punishable under Section 78(A)(vi) of the Karnataka Police Act, 1963, are absent. Consequently, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. - 4 - NC: 2025:KHC-D:2720 CRL.P No. 102876 of 2024 9. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 796/2023 (arising out of Crime No. 42/2023 of Gandhinagar Police Station) pending before the Principal Civil Judge and JMFC, Ballari, are hereby quashed. 10. Any pending applications stand disposed of accordingly. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 8