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.

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 fact that a case was registered against the petitioners for the offence punishable under Section 80 of KARNATAKA POLICE ACT , the game, which was allegedly played by the petitioners being a 'Game of Darts', 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 Section 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 contemplated under Section 155(2) of Cr.PC., hence, the entire proceedings are vitiated. Even if the court has gone to the extent of saying that, mere permission by the Magistrate without application of judicious mind with regard to