This court allowed a criminal petition under Section 482 Cr.P.C. to quash proceedings against the petitioner, holding that Section 80 of the Karnataka Police Act requires presence in the gaming house, which was lacking here.
Proceedings against the petitioner in CC No.1899/2022 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:14318 CRL.P No. 101006 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF DECEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101006 OF 2023
BETWEEN:
RAJSHEKHAR S/O. NEELAKANTAYYA HIREMATH, AGE. 39 YEARS, OCC. FINANCE BUSINESS, R/AT. HOUSE NO.50, ULAVI CHANBASAVESHWAR COLONY, BEHIND GOVT. PU COLLEGE, GOPANKOPPA, HUBBALLI-580001.
… PETITIONER
(BY SRI. NEEL P. PATEL, ADVOCATE)
AND:
THE STATE OF KARNATAKA, GOKUL ROAD POLICE STATION, HUBBALLI R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD.
Digitally signed by VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPI Date: 2023.12.11 11:16:30 +0530
… RESPONDENT (BY SRI. P.N. HATTI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.6/PETITIONER AS ATTACHED IN GOKUL ROAD POLICE STATION IN CRIME NO.110/2022 PENDING BEFORE HON’BLE 3RD JMFC COURT, AT.HUBBALLI IN C.C.1899/2022 FOR THE OFFENCES PUNISHABLE U/SEC. 80 OF KARNATAKA POLICE ACT 1963, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused No.6 praying to quash
the proceedings in CC No.1899/2022 (Gokul Road Police Station Crime No.110/2022) registered for an offence punishable under Section 80 of the Karnataka Police Act, 1963 (hereinafter referred to as ‘the KP Act’, for short).
petitioner and the learned High Court Government Pleader appearing for the respondent-State.
investigation. After grant of permission by the learned Magistrate, a case came to be registered in Crime No.110/2022 against 4 to 5 unknown person by Gokul Road Police Station on 29.07.2022 for an offence under Section 80 of KP Act. After investigation, charge sheet came to be filed against the petitioner(accused No.6) and 5 others (AccusedNos.1 to 5) for offence punishable under Section 80 of the KP Act. On the basis of the said charge sheet, a case came to be registered against this petitioner and 5 others in CC No.1899/2022 pending on the file of the learned JMFC III Court, Hubballi. The petitioner has sought quashing of the proceedings of the said criminal case.
Pleader would contend that, the petitioner, who is the tenant, has allowed accused Nos.1 to 5 to play Andhar Bahar game in his tenanted premises and therefore, he has been arrayed as accused for an offence under Section 80 of KP Act. He contends that there are no grounds for quashing the proceedings and prayed for dismissal of the petition.
this Court has perused the charge sheet records.
“80. Gaming in common gaming-house, etc.— Whoever is found in any common gaming-house gaming or present for the purpose of gaming shall, on conviction, be punished with imprisonment which may extend to one year and with fine:
Provided that,—
(a) for a first offence such imprisonment shall not be less than one month and fine shall not be less than two hundred rupees;
(b) for a second offence such imprisonment shall not be less three months and fine shall not be less than two hundred rupees; and
(c) for a third or subsequent offence such imprisonment shall not be less than six months and fine shall not be less than five hundred rupees.”
9. There is no allegation of this petitioner playing
Andar Bahar game. The only accusation against this petitioner is that, he was the tenant of the house in which accused Nos.1 to 5 were playing Andar Bahar game. To attract offence under Section 80 of KP Act, it is necessary
that a person should be found present in the common gaming-house or is found present in common gaming-house
gaming. There is no allegation of this petitioner either being present or being gaming in the common gaming-house. The only accusation against this petitioner is that, he is the tenant of that residential premises where accused Nos.1 to 5 were playing Andar Bahar.
Section 80 of KP Act is not attracted against this petitioner. The proceedings initiated against this petitioner is an abuse of process of law.
ORDER
The petition is allowed.
The proceedings against this petitioner in CC
No.1899/2022 pending on the file of the learned III JMFC, Hubballi, are quashed.
Sd/JUDGE
kmv
ct:bck
3 issues framed by the court
Whether the offence under Section 80 of Karnataka Police Act is attracted against a tenant not present during the alleged game.
Whether proceedings against the petitioner constitute an abuse of process of law.
Whether Criminal Petition under Section 482 Cr.P.C. should be allowed to quash proceedings.
2 provisions across 2 enactments
Rajshekar S/o. Neelakantayya Hiremath
The State of Karnataka
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
