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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. Krishna Kumar
Jagadeesha @ Jagadeesh C N, S/O Nanjundappa – Appellant
Versus
State Of Karnataka, By Pavagada Police Station – Respondent
ORDER :
S.R. Krishna Kumar, J.
In this petition, the petitioners seek the following reliefs:
"Wherefore, the petitioners (accused No.1 and 9) most humbly pray that this Hon’ble Court may be pleased to quash the FIR in Crime No.103/2025 of Pavagada Police Station, pending on the file of Hon’ble Court of the Principal Civil Judge (Jr.Dn) and JMFC Court, Pavagada, Tumkur District, for the alleged offences punishable under Section 80 of KARNATAKA POLICE ACT , as an abuse of process of law and grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the ends 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 on21.05.2025, respondent No.2 conducted a raid of a association/club in which the petitioners were playing 'Game of Darts' and registered FIR in Crime No.103/2025, 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 fac
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 of skill cannot be prosecuted under laws applicable to games of chance due to lack of evidence establishing the nature of the game involved.
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.
Illegality in investigation goes to root of matter.
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 investigation in a non-cognizable offence at the hands of the police without permission of the competent Magistrate is impermissible.
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