High Court dismissed criminal petition seeking quashment of FIR regarding betting on cricket matches. Relying on coordinate orders, court held betting on sports is not gaming under Karnataka Police Act, quashing proceedings for abuse of process.
Criminal petition allowed; proceedings in C.C.No.10655/2022 quashed qua the petitioner.
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NC: 2024:KHC:21100 CRL.P No. 4014 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4014 OF 2024
BETWEEN:
SRI. HEMANTHA P., S/O PARAMESH AGED ABOUT 38 YEARS R/AT NO.34/5, 12TH MAIN VIJAYANAGAR BENGALURU – 560 040.
…PETITIONER
(BY SRI TEJAS N., ADVOCATE)
AND:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
(REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HCK, BANGALORE-01)
…RESPONDENTS
(BY SRI HARISH GANAPATHI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.10655/2022 WHICH IS PENDING ON THE FILE OF THE HONBLE MMTC II BENGALURU AS AN ABUSE OF PROCESS OF LAW WHICH IS ARISING OUT OF CR.NO.296/2021 OF VIJAYANAGAR POLICE FOR THE OFFENCE P/U/S 78(A)(vi) AND 87 OF KARNATAKA POLICE ACT.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking quashment of the proceedings in C.C.No.10655/2022, pending before the Metropolitan Magistrate Traffic Court – II, Bengaluru, registered for the offences under Sections 78A(vi) and 87 of the Karnataka Police Act, 1963.
NC: 2024:KHC:21100 CRL.P No. 4014 of 2024
Crl.P.No.5945/2023 disposed on 23.08.2023. The order in
Crl.P.No.5945/2023 reads as follows:
“The petitioner is sought to be prosecuted for the offences punishable under Sections 79 (A) (vi) and 80 of the Karnataka Police Act, 1963 as amended in the year 2021.
2. The case of the prosecution is that, on receiving credible information, a raid was conducted, and it was uncovered that the accused by using “abexch9.com”, were collecting money from the winners and losers with respect to IPL matches between the Royal Challengers Bangalore –vs- Delhi Capitals and Mumbai Indians –vsSun risers Hyderabad.
3. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent- State.
4. Amendment to Sections 79 and 80 of the Karnataka Police Act, was challenged before this Court in W.P.No.18703/2021 and other connected cases. The Division Bench order dated 14.02.2022 struck down Sections 2, 3, 6 8 & 9 of the Karnataka Police (Amendment) Act, 2021 in its entirety, as ultra vires the Constitution of India.
5. Even otherwise, the Co-ordinate Bench of this Court in Crl.No.2929/2020 and connected cases, at para 12 has held as under:
“12. One of the petitioners is a bookie said to have been 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. Admittedly, the accused-petitioner herein is alleged to have been found betting on the cricket match, and the coordinate Bench of this Court has held that 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. Therefore, in the absence of essential elements to constitute the commission of offence punishable under Section 78(a) (vi) of the Karnataka Police Act, the registration of FIR culminating in taking cognizance of the aforesaid offence stands vitiated. Therefore, the continuation of criminal proceedings will be an abuse of process of law.
7. Accordingly, I pass the following:
ORDER
In the light of the afore-quoted order, which covers the issue in the lis on all its fours, the criminal petition deserves to succeed on the very same findings and the observations.
ORDER
I.A.Nos.1/2024 and 2/2024 are disposed, as a
consequence.
Sd/JUDGE
NVJ List No.: 1 Sl No.: 22
3 issues framed by the court
Whether criminal proceedings u/s 78(A)(vi) and 87 of Karnataka Police Act for betting on cricket matches should be quashed.
Whether betting on sports like cricket falls within the definition of 'gaming' under the Karnataka Police Act.
Whether the issue in the lis is already covered by coordinate bench orders.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Sri Hemantha P.
State of Karnataka
Rahim I.
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
