Point of Law: Amended Section 2(7) with Section 78(1)(a) of KP Act now makes it very clear that, wagering or betting by collecting money from the public upon an uncertain result of a game or an event including a game of skill, would fall under Section 78(1)(a) of KP act.

ORDER :

1. The present petitioners, who are arraigned as accused Nos. 1 to 3 in respondent No. 1-Police Station in Crime No. 100/2021 for the offence punishable under Sections 78(1)(a)(vi) and 80 of the Karnataka Police Act, 1963 (hereinafter for brevity referred to as ‘KP Act’) have sought for quashing of the said criminal proceedings against them.

2. The summary of the case of the prosecution is that, based on a credible information that accused/petitioners herein were involved in cricket betting and gambling, the respondent No. 2, joined by the panchas and duly supported by the permission of his superior authorities and the permission granted by the Court for search and seizure, has proceeded on 10.11.2021, at 9.45 p.m. to a house near Danammadevi temple of Kunchanur road in Jamakhandi town. Parking their official jeep at a distance, the raiding team observed that, three persons sitting in a house said to be of Sri. Kallappa Singadi, were viewing their cell phones (mobile phones) and one among them, was collecting money from the public and noting down something in the note book. Suspecting the cricket betting, the raiding team surrounded them, however, the people who were paying money to the alleged bookies, ran away from the place. The present petitioners who were collecting money from the public and noting down in a note book and also making use of cell phone were caught hold. From their possession, not less than eight cell phones, a note book, a ball point pen, two motorcycles and a cash amount of Rs. 1,55,500/- collected from the people on betting were seized by drawing a seizure panchanama in the spot. The raiding Police Officer after returning to the police station, lodged a complaint which was registered in respondent No. 1 Police Station in their station Crime No. 100/2021 against the present petitioners for the above mentioned offences.

3. Learned High Court Government Pleader is appearing for the respondents.

4. Though this matter was listed for admission, however, with the consent from both side, the matter is taken up for its final disposal on merit.

5. Heard argument from both side.

6. Learned counsel for the petitioners in his argument submitted that even according to the complaint, the accused were making use of a WEB site with the name ICEEXCH-IO and they were only viewing the mobile phone. No money in cash was recovered from the petitioners. There is nothing to suggest that they were involved in the act of gaming or gambling, as such, the alleged offences are not made out.

7. Per contra, learned High Court Government Pleader submitted that by virtue of the amended definition of ‘gaming’ and amendment to Section 78(1)(a)(vi) of the KP Act, the act of the accused squarely falls within the ambit of the online gaming and betting. As such, a prima facie case is made out against the accused and a trial is required to be followed after due investigation.

8. The alleged crime is registered for the offence under Section 78(1)(a)(vi) and Section 80 of KP Act. The amended Section 78(1)(a)(vi) of the Karnataka Police (Amendment) Act, 2021, reads as below:

“78. Opening, etc. of certain forms of gaming:

(1) Whoever:

(a) being the owner or occupier or having the use of any building, room, tent, enclosure, vehicle, vessel or place, or at cyber cafe or online gaming involving wagering or betting including computer resource or mobile application or internet or any communication device as defined in the Information Technology Act, 2000 (Central Act 21 of 2000) opens, keeps or uses the same for the purpose of gaming:

(i) xxx xxx xxx

(ii) xxx xxx xxx

(iii) xxx xxx xxx

(iv) xxx xxx xxx

(v) xxx xxx xxx

(vi) on any transaction or scheme of wagering or betting in which the receipt or distribution of winnings or prizes in money or otherwise is made to depend on chance or skill of other.”

9. A reading of the amended Section 78(1)(a)(vi) of KP (Amendment) Act, 2021, makes it clear that, online gaming involving wagering or betting including computer res