Held that betting on cricket, being a sport, does not constitute 'gaming' under the Karnataka Police Act. Following a coordinate bench, the criminal proceedings against the petitioner were quashed as an abuse of the process of court.
The impugned proceedings in CC No.27410/2022 insofar as they relate to accused No.1 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:28380 CRL.P No. 978 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 978 OF 2023
BETWEEN:
NAVEEN N.S., S/O LATE SRINIVAS, AGED ABOUT 33 YEARS, R/O. #G.01 PSR NIWAS APARTMENT, 5TH CROSS, APPREDDY PALYA, INDIRA NAGAR, BENGALURU - 560 038.
…PETITIONER
(BY SRI. B.V. SRINATH, ADVOCATE FOR SRI. R.V. ANAND, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR ATTACHED TO HIGH COURT BUILDINGS, HIGH COURT OF KARNATAKA, BENGALURU - 560 061.
…RESPONDENTS (BY SRI. K.S. ABHIJITH, HCGP)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.27410/2022 (CR.NO.205/2021 OF INDIRA NAGAR POLICE STATION, BENGALURU CITY) ON THE FILE OF M.M.T.C.-I, BENGALURU FOR THE OFFENCE P/U/S 78(A)(VI) OF K.P. ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned HCGP accepts notice for respondents-State.
NC: 2023:KHC:28380 CRL.P No. 978 of 2023
Crl.P.No.2929/2020 at para -12 has 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 therefore even if betting takes place, it cannot be brought within the ambit of definition of 'gaming' found in Karnataka Police Act."
6. Following the order passed by the Co-ordinate
Bench of this court in Crl.P.No.2929/2020, the proceeding requires to be quashed since Cricket is a sport and betting takes place, the same cannot be brought within the ambit of definition of 'gambling' formed in Karnataka Police Act.
I proceed to pass the following;
ORDER
NC: 2023:KHC:28380 CRL.P No. 978 of 2023
Sd/JUDGE
BH
List No.: 1 Sl No.: 27 CT:SNN
3 issues framed by the court
Whether proceedings for betting on a cricket match fall within the definition of 'gaming' under the Karnataka Police Act.
Whether the impugned criminal proceedings against the petitioner for offences under Section 78(A)(VI) of the Karnataka Police Act should be quashed.
Whether the abuse of process of court doctrine applies to quash the criminal proceedings in the interest of justice.
Colour shows how this judgement treated each authority
Board of Control for Cricket Vs. Cricket Association of Bihar and othersRelied on¶29
Board of Control for Cricket Vs. Cricket Association of Bihar and others (2016 (8) SCC 535) · Who else cites this
Crl.P.No.2929/2020Followed¶30
Crl.P.No.2929/2020
3 provisions across 2 enactments
Naveen N.S.
State of Karnataka
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
