Shivanand S/O Babu Kanabur v. the State of Karnataka

Karnataka HC23 Jan 2025CRL.P/100263/2025

Case brief

AI extract

What is this about?

Karnataka HC Dharwad Bench, CRL.P No. 100263 of 2025, Hemant Chandangoudar J, decided 23-01-2025: prosecution under S.78(1)(a)(vi) Karnataka Police Act 1963 for betting on an IPL cricket match unsustainable; per explanation to S.2(7) KP Act a game of chance excludes athletic games/sports, so cricket betting falls outside 'gaming'; relying on Co-ordinate Bench decision Crl.P.No.2929/2020, charge sheet lacks authority, continuation is abuse of process; petition under S.482 Cr.P.C./S.528 BNSS allowed and proceedings in CC No.547/2024 (Lokapur PS Crime No.51/2024) quashed qua the accused.

What did the court decide?

Quashing of the proceedings in CC No.547/2024 (arising out of Lokapur PS Crime No.51/2024) pending before the Prl. Civil Judge and JMFC, Mudhol, insofar as they relate to the petitioner/accused. ¶¶28

Shivanand S/O Babu Kanabur Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the proceedings in CC No.547/2024 (arising out of Lokapur PS Crime No.51/2024) pending before the Prl. Civil Judge and JMFC, Mudhol, insofar as they relate to the petitioner/accused.

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Issue for consideration

Whether the criminal proceedings against the petitioner under Section 78(1)(a)(vi) of the Karnataka Police Act, 1963 for alleged betting on an Indian Premier League cricket match are sustainable, given that cricket is a sport excluded from the definition of 'gaming' under the KP Act.

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Court's answer

Adopting the ruling of a Co-ordinate Bench in Crl.P.No.2929/2020, the Court holds that the explanation to Section 2(7) of the KP Act states that a game of chance does not include any athletic game or sport; cricket being a sport, betting on it cannot be brought within the definition of 'gaming' under the KP Act, and consequently the charge sheet against the petitioner under Section 78 of the KP Act lacks authority.

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Ratio / Principle

Continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law.

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Key takeaways

The petition is allowed and the impugned proceedings in CC No.547/2024 (arising out of Lokapur PS Crime No.51/2024) pending before the Prl. Civil Judge and JMFC, Mudhol are quashed insofar as they relate to the petitioner/accused.ratio¶¶28

Detailed headnote1 paragraphs

Criminal Petition (S.482 Cr.P.C. / S.528 BNSS) by an accused sought to be prosecuted under S.78(1)(a)(vi) of the Karnataka Police Act, 1963 for alleged betting on an Indian Premier League cricket match (Lokapur PS Crime No.51/2024; CC No.547/2024, Prl. Civil Judge & JMFC, Mudhol). Relying on a Co-ordinate Bench ruling in Crl.P.No.2929/2020, the Court held that the explanation to S.2(7) KP Act states that a game of chance does not include any athletic game or sport; cricket being a sport, such betting cannot be brought within the definition of 'gaming', the charge sheet under S.78 KP Act lacks authority, and continuation of the proceedings would amount to an abuse of the process of law. Petition allowed; impugned proceedings quashed insofar as they relate to the petitioner.

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NC: 2025:KHC-D:1253 CRL.P No. 100263 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23^RD DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO.100263 OF 2025 (482(Cr.PC)/528(BNSS))

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BETWEEN:

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SHIVANAND S/O BABU KANABUR AGE: 26 YEARS, OCC: BUSINESS, R/O: OPP. BSNL OFFICE, NEAR LOKAPUR-MUDHOL ROAD, LOKAPUR-587 122, TQ: MUDHOL, DIST: BAGALKOT.

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… PETITIONER

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(BY SRI. ARUN L. NEELOPANT, SMT. KAVITA S.JADHAV AND SRI. N.B.JODALLI, ADVOCATES)

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AND:

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Digitally signed by B K MAHENDRAKUMAR B KMAHENDRAKUMAR Location: HIGHCOURT OFKARNATAKA DHARWAD BENCH Date: 2025.01.27 16:35:13 +0530

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THE STATE OF KARNATAKA, REP. BY POLICE SUB-INSPECTOR, LOKAPUR POLICE STATION, LOKAPUR, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD-583 101.

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THE POLICE SUB INSPECTOR, LOKAPUR POLICE STATION, LOKAPUR, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD-583 101.

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… RESPONDENTS

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(BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE PROCEEDINGS INITIATED AS

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2 - NC: 2025:KHC-D:1253 CRL.P No. 100263 of 2025

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AGAINST THE PETITIOER IN LOKAPUR PS CRIME NO.51/2024 WHICH IS REGISTERED IN CC NO.547/2024 BY THE RESPONDENT POLICE U/SEC. 78(1) (a) (vi) OF KARNTAKA POLICE ACT PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC MUDHOL AS PER ANNEXURE-A, B AND C.

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THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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Sri. Ashok T.Kattimani, learned Additional Government Advocate, accepts notice for the respondents.

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The petitioner/accused is sought to be prosecuted for the offence punishable under Section 78(1)(a)(vi) of the Karnataka Police Act, 1963 (for short ‘the KP Act’). The case of the prosecution is that the petitioner/accused was found involved in a betting on a cricket match in Indian Premier League.

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A Co-ordinate Bench of this Court, in Crl.P.No.2929/2020, has ruled that if Section 2(7) of the KP Act is examined, its explanation clearly states that a game of chance does not include any athletic game or sport. Cricket is a sport, and therefore, even if betting occurs, it cannot be brought within the ambit of the definition of ‘gaming’ as found in the KP Act. Consequently, the charge sheet filed by the police against the petitioner for the offence punishable under Section 78 of the KP Act lacks authority. Hence, the continuation of criminal proceedings would amount to an abuse of the process of law.

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NC: 2025:KHC-D:1253 CRL.P No. 100263 of 2025

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Accordingly, the petition is allowed. The impugned proceedings in CC No.547/2024 (arising out of Lokapur PS Crime No.51/2024) pending on the file of Prl. Civil Judge and JMFC, Mudhol, insofar it relates to the petitioner/accused herein, is hereby quashed.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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KMS CT: List No.: 2 Sl No.: 45

Shivanand S/O Babu Kanabur v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shivanand S/O Babu Kanabur v. the State of Karnataka

Case brief

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