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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. KRISHNA KUMAR
Abhishek Naik, S/o. Sri Chandrakanth Nayaka – Appellant
Versus
State Of Karnataka, Through Station House Officer, Chitradurga Extension Police Station Represented By State Public Prosecutor – Respondent
Headnote: Read headnote
ORDER :
(S.R. KRISHNA KUMAR, J.)
In this petition, petitioners seeks the following relief :
"a. Quash the FIR bearing No.35/2025 the information dated 19.03.2025 registered with the respondent No.1 Chitradurga Extension Police Station wherein the Petitioners herein are arraigned as accused for the alleged offence under Sections 79 , 80 of the KARNATAKA POLICE ACT and Section 112 of the Bharatiya Nyaya Sanhita. (annexed vide Annexure-A and A1) pending on the file of Principal Civil Judge (Sr.Dn) and CJM Court, Chitradurga District.
b. Pass any order/s as deems fit to this Hon’ble Court in the interest of justice.”
2. Heard the learned counsel for the petitioner and the learned HCGP for respondents and perused the materials on record.
Games of skill cannot be prosecuted under laws applicable to games of chance due to lack of evidence establishing the nature of the game involved.
A game classified as skill-based does not constitute an offence under Section 80 of the Karnataka Police Act, thus allowing for the quashing of related FIRs.
Games classified as skill-based do not fall under the jurisdiction of Sections 79 and 80 of the Karnataka Police Act concerning games of chance.
The game of Andar Bahar is classified as a game of skill, not chance, leading to the quashing of FIR under the Karnataka Police Act and BNS Act due to lack of substantiation.
The court reaffirmed that Andar Bahar is legally recognized as a game of skill, and without evidence proving it as a game of chance, prosecution under relevant gaming laws is not sustainable.
The court affirmed that Andar Bahar is a game of skill and not a game of chance, necessitating clear proof of game nature for legal charges under relevant statutes.
The court established that 'Andar Bahar' is a skill-based game not punishable under gaming laws; thus, proceedings against the accused were quashed.
Illegality in investigation goes to root of matter.
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