- 1 - HC-KAR NC: 2025:KHC-D:11857 CRL.P No. 101420 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101420 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. RAKESH K.M. S/O CHANNABASAIHYYA K.M., AGE. 31 YEARS, OCC. COOLIE, R/O. HALASWAMY TEMPLE, TQ. HAGARIBOMMANHALLI, DIST. VIJAYANAGAR. 2. AMAR D. S/O NARAYANAPPA D. PATEGAR, AGE. 38 YEARS, OCC. PRIVATE WORK, R/O. SHIVAJYOTHINAGAR, HAGARIBOMMANHALLI, TQ. HOSPETE, DIST. VIJAYANAGAR. 3. ABHISHEK D. S/O NARAYANA D. PATEGAR, AGE. 32 YEARS, OCC. PRIVATE WORK, R/O. SHIVAJYOTHINAGAR, HAGARIBOMMANHALLI, TQ. HOSPETE, DIST. VIJAYANAGAR-583 212. … PETITIONERS (BY SRI. M.J. PEERJADE, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11857 CRL.P No. 101420 of 2024 AND: THE STATE OF KARNATAKA, THROUGH P.S.I. HAGARIBOMMANHALLI P.S. CIRCLE, HAGARIBOMMANHALLI, DIST. VIJAYANAGAR, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYS THAT THE COMPLAINT AND FIR IN HAGARIBOMMANHALLI POLICE STATION CRIME NO.37/2024 OF THE OFFENCE PUNISHABLE UNDER SECTION 78(VI) OF THE KARNATAKA POLICE ACT 1963 R/W SECTION 420 OF THE I.P. CODE BEFORE THE SENIOR CIVIL JUDGE AND J.M.F.C. COURT AT HAGARIBOMMANHALLI AS AGAINST THE PETITIONERS 1 TO 3/ACCUSED NO.1 TO 3 RESPECTIVELY HEREIN BE QUASHED IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) This petition is filed under Section 482 of Cr.PC, with a prayer to quash the entire proceedings in Crime No.37/2024 pending before the Court of Senior Civil Judge & JMFC, Hagaribommanahalli, for the offence punishable under Sections 78(vi) of the Karnataka Police Act, 1963, and Section 420 of IPC. - 3 - HC-KAR NC: 2025:KHC-D:11857 CRL.P No. 101420 of 2024 2. Heard the learned Counsel for the parties. 3. Perusal of the material on record would go to show that FIR has been registered against the accused in the present case alleging that he was indulged in cricket betting when the match was going on. The co-ordinate Bench of this court in Criminal Petition No.2929/2021 in paragraph No.12 has observed 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 therefore even if betting takes place, it cannot be brought within the ambit of definition of `gaming’ found in Karnataka Police Act." 4. In the light of the order passed by the co-ordinate Bench which is referred to hereinabove, the proceedings initiated against the petitioner for the aforesaid offence cannot be sustained. - 4 - HC-KAR NC: 2025:KHC-D:11857 CRL.P No. 101420 of 2024 5. The material on record would go to show that on receipt of the credible information, the first informant and his staff had conducted raid to the alleged spot and had seized the money that was used for the purpose of cricket betting. The other articles which were used for cricket betting were also seized and subjected to panchanama and thereafter, the seized articles were brought to the police station and subsequently, the FIR in Crime No.37/2024 was registered for the offence punishable under Sections 78(vi) of the K.P.Act and Section 420 of IPC. Before registration of FIR, raid was conducted and the articles used by the accused persons for the purpose of conducting cricket betting were seized under a panchanama. Therefore, the investigation in the case had commenced even prior to registration of FIR in Crime No.37/2024. 6. Undisputedly, the alleged offence is a non-cognizable offence, and therefore, compliance of Section 155(2) of Cr.PC, becomes mandatory in the present case. The order passed under Section 155(2) of Cr.PC, is not part of the order sheet maintained by the Trial Court in the present case. The coordinate bench of this Court in the case of VAGGEPPA GURULINGA - 5 - HC-KAR NC: 2025:KHC-D:11857 CRL.P No. 101420 of 2024 JANGALIGI VS THE STATE OF KARNATAKA - ILR 2020 KAR 630, has observed that the order passed under Section 155(2) of Cr.PC, shall form part of the order sheet in which further proceedings is required to be continued by the Trial Court. In the said case, it is also observed that the learned Magistrate while passing the order under Section 155(2) of Cr.PC, shall specify the rank and designation of the police officer who is required to investigate the case. In the present case, the order passed under Section 155(2) of Cr.PC, does not indicate or specify the police officer who is required to investigate the case. In the present case, there is no material to show that the order passed under Section 155(2) of Cr.PC, is part of the order sheet. 7. Under the circumstances, I am of the opinion that if the impugned criminal proceedings is allowed to continue, the same would amount to abuse of process of the court. Accordingly, the following order: 8. Petition is allowed. The entire proceedings in Crime No.37/2024 pending before the Court of Senior Civil Judge & JMFC, Hagaribommanahalli, for the offence punishable under - 6 - HC-KAR NC: 2025:KHC-D:11857 CRL.P No. 101420 of 2024 Sections 78(vi) of the Karnataka Police Act, 1963, and Section 420 of IPC, is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 117