- 1 - NC: 2025:KHC-D:546 CRL.P No. 103733 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103733 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. GURUNATH S/O. KRISHNASA METRANI AGE. 49 YEARS, OCC. BUSINESS, R/AT. GANESH PET, HUBBALLI, HUBBALLI, DIST. DHARWAD-580 020. 2. RAGHAVENDRA S/O. BABUNATH DHALABANJAN AGE. 39 YEARS, OCC. PHOTOGRAPHER, R/AT. MANJUNATH NAGAR, GOKUL RAOD, HUBBALLI, DIST. DHARWAD-580 023. …PETITIONERS (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA VIDYAGIRI POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE COGNIZANCE DATED 29.08.2018 AND FURTHER PROCEEDING AGAINST THE ACCUSED NO.1 AND 2/PETITIONERS IN CC NO.1071/2018 PENDING ON THE FILE OF COURT OF THE II ADDL.CIVIL JUDGE AND JMFC II COURT, AT DHARWAD ARISING OUT OF VIDYAGIRI POLICE STATION CRIME NO.101/2017 FOR THE OFFENCES PUNISHABLE U/S 78(VI) OF KARNATAKA POLICE ACT 1963. THIS PETITION, COMING ON FOR ORDERS, 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: 2025.01.17 16:32:49 +0530 - 2 - NC: 2025:KHC-D:546 CRL.P No. 103733 of 2024 ORAL ORDER 1. The learned Additional Government Advocate accepts notice for the respondent/State. 2. The petitioners have been charge-sheeted for the offence punishable under Section 78(vi) of the Karnataka Police Act, 1963 (KP Act), alleging that the petitioners/accused Nos. 1 and 2, along with others, were involved in betting on a cricket match during IPL 2021. 3. A co-ordinate Bench of this Court in Crl.P.No. 2929/2021 has ruled that, as per Section 2(7) of the KP Act, its explanation clearly states that a game of chance does not include any athletic game or sport. Cricket is a sport; therefore, even if betting takes place, it cannot be categorized under the definition of ‘gaming’ as per the KP Act. Hence, the charge sheet filed by the police against the petitioners for the offence punishable under Section 78 of the KP Act lacks authority, and continuation of the criminal proceedings would amount to an abuse of the process of law. 4. Accordingly, the petition is allowed. The impugned proceedings in CC No.1071/2018 (arising out of Vidyagiri PS Crime No.101/2017) on the file of II Additional Civil Judge and JMFC II Court, at Dharwad, insofar it relates to the petitioners/accused Nos.1 and 2, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh/List No.: 2 Sl No.: 4