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.

ORDER :

S.R.Krishna Kumar, J.

In this petition, petitioners seeks the following relief:

"Wherefore, it is prayed that this Hon’ble Court be pleased to quash the entire proceedings in C.C.No.736/2025 pending on the file of Additional Civil Judge and JMFC Court, I/C Bantwal, registered by the police of Bantwal Rural Police Station in Crime No.112/2024, on 17.12.2024, for the offence punishable under Sections 79 , 80 of KARNATAKA POLICE ACT , 1963, against the petitioners, in the interest of justice."

2. Heard the learned counsel for the petitioners and the learned HCGP for respondents and perused the materials on record.

3. A perusal of the material on record will indicate on17.12.2025, the Police Inspector who was on patrolling duty along with his staff, received credible information that some persons were playing Ulayi-Pidayi game of cards in the house of one Nishanth, situated at Badagabelluru of Bantwal Taluk. He secured permission from the Court to register case as required under Section 155(2) of Cr.P.C raided the placed, seized all the materials and registered FIR in Crime No.112/2024, which is presently pending in C.C.No.736/2025 before the trial Court, which is assailed in the present petition.

4. Learned counsel for the petitioners would reiterate the various contentions urged in the petition and referring to the material on record, in order to point out apart from the fact that the trial Court passed the impugned order dated 17.12.2024 taking cognizance without assigning any reason and by passing a cryptic, laconic and unreasoned order without any application of mind. The game, which was allegedly played by the petitioners being a 'Game of Cards, which is essentially and predominantly a 'Game of Skill' and not a 'Game of Chance', the petitioners could not be incriminated for the aforesaid offences under Sections 79 and 80 of the KARNATAKA POLICE ACT as held by this Court in the following judgments:

(i) Sri Manjunath E and others vs. State of Karnataka - Crl.P.No.8396/2017;

(ii) Sri Hasan Raj and others vs. State of Karnataka - Crl.P.No.8395/2017; and

(iii) M/s. Legends Culture Association (R) and another vs. State of Karnataka - Crl.P.No.8981/2024.

It is, therefore, submitted that the impugned proceedings deserves to be quashed.

5. Per contra, learned HCGP submits that there is no merit in the petition and the same is liable to be dismissed.

6. In relation to offences punishable in respect of 'Game of Chance' and 'Game of Skill', this Court held as under:

(i) Sri Manjunath E's case supra:

"The petitioners have called in question the proceedings pending before the MMTC, Bengaluru, in C.C.No.20386/2016 for the offences punishable under Sections 79 & 80 of the KARNATAKA POLICE ACT .

2. A strong legal point raised by the learned counsel for the petitioner is that, the entire proceedings is hit by Section 155(2) of Cr.P.C., as the Respondent- Police have not taken any permission from the Magistrate to investigate the matter and to file a report under Section 173 Cr.P.C. before the Court. He contended that, even the entire charge sheet is translated into evidence, there is no material to show that the Game played by the accused ie., ‘Fantastic Three Dice Bowling’ is a game of chance or it is a game of skill, that fact is not mentioned in the complaint nor it has been explained as to how the game being played by the accused and it is only a game of chance.

3. Learned counsel for the petitioner has relied upon a decision of this court reported in Criminal Petition No.3082/2007 dated 22.10.2008, wherein this court has reiterated that, the investigation done by the police is with regard to non-cognizable offences without taking permission from the jurisdictional Magistrate as c