- 1 - HC-KAR NC: 2025:KHC:43711 CRL.P No. 13968 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13968 OF 2025 BETWEEN: BUDDIVANTHA S/O BHAGAVANTHARAYA, AGED ABOUT 35 YEARS, R/A 5 CENTS HOUSE, LINGAPPAYYAKADU, KARNADU VILLAGE, MULKI TALUK, D.K. DISTRICT - 574 154 …PETITIONER (BY SRI. ROHAN S., ADVOCATE FOR SRI. BALAKRISHNA M.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MULKI POLICE STATION, MANGALURU CITY, DK DIST., - 575 001 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001 2. MARUTHI P, AGED ABOUT 32 YEARS, SUB INSPECTOR OF POLICE, MULKI POLICE STATION, MULKI D.K. DISTRICT - 574 154 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43711 CRL.P No. 13968 of 2025 PROCEEDINGS IN C.C.NO.1116/2023 PENDING ON THE FILE OF THE HONBLE SENIOR CIVIL JUDGE AND JMFC AT MOODABIDRE FOR THE ALLEGED OFFENCES P/U/S/ 79 AND 80 OF KP ACT INITIATED BASED ON CHARGE SHEET SUBMITTED BY I RESPONDENT/MULKI P.S. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.6 in the charge sheet filed in connection with Crime No.62/2023 of Mulki Police Station, Mangaluru City, for the offence Punishable under Section 79 and 80 of the Karnataka Police Act, 1963 has preferred this petition to quash the entire proceedings initiated against him. 2. Prosecution has alleged that upon receiving a credible information, a raid was conducted at the house of accused No.1, during which, it was discovered that accused were gambling using playing-cards. Mobile phone and cash of Rs.6,110/- as well as the Playing cards were seized. - 3 - HC-KAR NC: 2025:KHC:43711 CRL.P No. 13968 of 2025 3. Challenging the proceedings, accused No.3 (as per charge sheet) preferred Crl.P.No.4642/2025 before this Court. The said petition was allowed vide order dated 03.04.2025. The proceedings against the accused No.3 was quashed. 4. While allowing the above petition, Co-ordinate bench of the this Court at paragraph No.5 has observed as under:- "Admittedly, the petitioner/accused No.3 and the other accused were allegedly playing rummy in a private residence belonging to accused No.1, which does not fall within the ambit of a “common gaming house” as defined under Section 2(3) of the Act. Moreover, the prosecution has failed to produce any substantial evidence to establish that the petitioner/accused No.3 was playing rummy as a ‘game of chance’ rather than a ‘game of skill’. Therefore, the essential ingredients constituting the alleged offences are evidently absent. Under such circumstances, the continuation of criminal proceedings against the petitioner/accused No.3 amounts to an abuse of the process of law." - 4 - HC-KAR NC: 2025:KHC:43711 CRL.P No. 13968 of 2025 5. Proceedings against similarly placed accused has been quashed by this Court. Petitioner is entitled for the same relief. Hence, the petition succeeds. Accordingly, the following:- ORDER i) Petition is allowed. ii) Criminal proceedings in C.C.No.1116/2023 pending on the file of the Court of Senior Civil Judge and JMFC, Moodabidre, D.K. insofar it relates to petitioner / accused No.6 is hereby quashed. iii) I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 90 CT-SG