Allowed¶25

Venkatesh S/O Hanumanthappa v. the State of Karnataka

Karnataka HC16 Jan 2025CRL.P/101236/2024

Case brief

AI extract

What is this about?

Karnataka Police Act 1963 S.78(1)(a)(vi); S.2(7) definition and explanation of 'game of chance' excludes athletic games/sports; betting on cricket match not 'gaming'; charge sheet without jurisdiction; quashing under S.482 Cr.P.C. (528 BNSS); CC No.1015/2023; Crime No.57/2023 Gandhinagar P.S. Ballari; reliance on Crl.P. No. 2929/2021 (Co-ordinate Bench); accused Nos.1 and 2; Dharwad Bench; Hemant Chandangoudar, J.

What did the court decide?

Petition allowed; impugned proceedings in CC No.1015/2023 (arising out of Gandhinagar PS, Ballari, in Crime No.57/2023) on the file of the Prl. Civil Judge and JMFC, Ballari, quashed insofar as they relate to petitioners/accused Nos.1 and 2. ¶25

Venkatesh S/O Hanumanthappa Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-D:614 CRL.P No. 101236 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16^TH DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101236 OF 2024 (482(Cr.PC)/528(BNSS))

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BETWEEN:

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VENKATESH S/O. HANUMANTHAPPA AGE. 47 YEARS, OCC. BUSINESSMAN, R/O. NEAR KITTUR RANI CHANAMMA SCHOOL, KAPPAGAL ROAD, BALLARI-583101.

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GANGADHARA G. S/O. SHIVARUDRA GOWDA AGE. 38 YEARS, OCC. LABORER, R/O. PW CAMP, BOMMANAHAL VILLAGE, RAIDURGA TQ A.P. NEAR ANJANEYA SWAMY TEMPLE, MILLARPET, BALLARI-583101.

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…PETITIONERS

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(BY SRI. T.HANUMAREDDY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY SHO Digitally signed by B KMAHENDRAKUMAR GANDHI NAGAR POLICE STATION, B KMAHENDRAKUMAR Location: HIGHCOURT OF BALLARI REPRESENTED BY SPP, KARNATAKA DHARWAD BENCH HIGH COURT OF KARNATAKA, Date: 2025.01.17 16:32:42 +0530 DHARWAD-580011.

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…RESPONDENT

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(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE CHARGE SHEET IN CC NO.1015/2023 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC COURT, BALLARI (CRIME NO.57/2023 OF GANDHINAGAR P.S. BALLARI) REGISTERED FOR THE OFFENCES PUNISHABLE U/S

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NC: 2025:KHC-D:614 CRL.P No. 101236 of 2024

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78(A)(vi) OF KARNATAKA POLICE ACT, IN SO FAR AS PETITIONERS/ACCUSED NO.1 AND 2 ARE CONCERNED.

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THIS PETITION, COMING ON FOR ORDERS, 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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The Learned Additional Government Advocate accepts notice for the respondent/State.

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The petitioners have been charge-sheeted for offences punishable under Section 78(1)(a)(vi) of the Karnataka Police Act, 1963 (KP Act), alleging that the petitioners/accused Nos.1 & 2 were involved in betting on cricket match between Newzealnd and Pakistan.

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A Co-ordinate Bench of this Court, in Crl.P. No. 2929/2021, has held that an examination of Section 2(7) of the KP Act, along with its explanation, clearly establishes that a “game of chance” does not include any athletic game or sport. Since cricket is a sport, betting on it does not fall within the ambit of “gaming” as defined under 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 is without jurisdiction. Therefore, the continuation of criminal proceedings would amount to an abuse of the process of law.

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NC: 2025:KHC-D:614 CRL.P No. 101236 of 2024

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Accordingly, the petition is allowed. The impugned proceedings in CC No.1015/2023 (arising out of Gandhinagar PS, Ballari, in Crime No.57/2023) on the file of Prl. Civil Judge and JMFC, Ballari, insofar it relates to the petitioner/accused Nos.1 and

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2, are hereby quashed.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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AC Ct:vh List No.: 1 Sl No.: 3

Venkatesh S/O Hanumanthappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Venkatesh S/O Hanumanthappa v. the State of Karnataka

Case brief

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