- 1 - NC: 2025:KHC-D:396 CRL.P No. 103735 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103735 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. NINGUSA @ MALLARI S/O. KRISHNASA HABIB AGE. 61 YEARS, OCC. LABOURER, R/AT. 5TH CROSS, KAMARIPETH, HUBBALLI-580020. 2. JAFRULLA S/O. NANNESAB DHARWAD AGE. 45 YEARS, OCC. AUTO DRIVER, R/AT. RAZIA TOWN, OLD HUBLI, HUBBALLI-580020. …PETITIONERS (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA KAMARIPETH POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE COGNIZANCE DATED 05.06.2021 AND ENTIRE PROCEEDING AGAINST THE ACCUSED NO.1 AND 3/PETITIONERS IN CC NO.761/2021 PENDING ON THE FILE OF JMFC III COURT, AT HUBBALLI ARISING OUT OF KAMARIPETH POLICE STATION CRIME NO.16/2021 FOR THE OFFENCES PUNISHABLE U/S 78(3) OF KARNATAKA POLICE ACT 1963. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.13 15:17:13 +0530 - 2 - NC: 2025:KHC-D:396 CRL.P No. 103735 of 2024 ORAL ORDER The learned Additional Government Advocate accepts notice for the respondent. 2. The petitioners, who are facing charges for offences punishable under Section 78(iii) of the Karnataka Police Act, 1963, have approached this Court. 3. The prosecution’s case is that the petitioners were allegedly involved in betting on cricket matches during IPL 2021. 4. The issue of whether betting on cricket matches falls within the purview of Section 78 of the Karnataka Police Act, 1963, was examined by a coordinate Bench of this Court in Crl.P. No.100036/2024, where it was held as follows: “12. One of the petitioners is bookie said to have involved in betting. Sri Hashmath Pasha has relied upon a judgment of the Supreme Court in Board of Control for Cricket vs Cricket Association of Bihar and others (2016 (8) SCC 535) where it is observed that betting is to be legalized. It was argued by the respondent that betting amounts to gaming which is an offence under the Karnataka Police Act. If Section 2(7) of the Karnataka Police Act is seen, its explanation very clearly says that game of chance does not include any athletic game or sport. Cricket is a sport and there even if betting takes place, it cannot be brought within the ambit of definition of ‘gaming’ found in Karnataka Police Act.” 5. Admittedly, the petitioners are alleged to have been involved in betting on a cricket match. A coordinate Bench of this Court has held that cricket is a sport, and if betting occurs, it cannot - 3 - NC: 2025:KHC-D:396 CRL.P No. 103735 of 2024 fall within the definition of “gaming” as provided under the Karnataka Police Act. Therefore, in the absence of the essential elements required to constitute an offence punishable under Section 78(iii) of the Karnataka Police Act, the continuation of criminal proceedings would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition stands allowed. ii) The impugned proceedings in CC No.716/2021 pending on the file of the learned JMFC III Court, Hubballi, insofar as the petitioners – accused Nos.1 and 3 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 36