- 1 - NC: 2025:KHC-D:398 CRL.P No. 103786 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. 103786 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: KIRAN S/O ASHOK KALBURGI, AGE: 30 YEARS, OCC: BUSINESS, R/AT: NEAR 6 NUMBER SCHOOL, KAMARIPETH, HUBBALLI, DIST: DHARWAD-580 020. … PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA KESHWAPUR POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. … RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE COGNIZANCE DATED 24.06.2024 AND ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.2/PETITIONER IN KESHWAPUR POLICE STATION CRIME NO.79/2024 WHICH IS REGISTERED IN C.C. NO.2102/2024 ON THE FILE OF JMFC-II, AT: HUBBALLI FOR THE OFFENCE PUNISHABLE U/SEC. 78(3) OF K.P. ACT, IN THE INTEREST OF JUSTICE. THIS PETITION IS 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 15:17:14 +0530 - 2 - NC: 2025:KHC-D:398 CRL.P No. 103786 of 2024 ORAL ORDER The learned Additional Government Advocate accepts notice for the respondent. 2. The petitioner, who is facing charges for an offence punishable under Section 78(iii) of the Karnataka Police Act, 1963, has approached this Court. 3. The case of the prosecution is that the petitioner was 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. The Court 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 petitioner is alleged to have been involved in betting on a cricket match. A coordinate Bench of this Court has held that cricket, being a sport, does not fall within the - 3 - NC: 2025:KHC-D:398 CRL.P No. 103786 of 2024 ambit of the definition of “gaming” as provided under the Karnataka Police Act if betting takes place. 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.2102/2024 pending on the file of the learned JMFC II, Hubballi, insofar as the petitioner – accused No.2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM CT:BCK LIST NO.: 1 SL NO.: 38