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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.VISHWAJITH SHETTY
Manju @ Manjunath S/o Mallayya Dhupada – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. Accused No.1 in Crime No.115 of 2023 registered by Kuknoor Police Station, Koppal District, for offence punishable under Section 87 of the KARNATAKA POLICE ACT , 1963 has approached this Court in this petition filed under Section 528 of BNSS , 2023, with a prayer to quash the entire proceedings in the aforesaid case, as against him.
2. FIR in Crime No.115 of 2023 was registered by Kuknoor Police Station, Koppal District for the aforesaid offence against the petitioner herein, based on the first information dated 14.11.2023 received from Gururaj T., Police Officer, attached to Kukanoor Police Station, Koppal. Assailing the correctness of the same, the petitioner, who is arrayed as accused No.1 in the FIR, is before this Court.
3. Learned counsel for the petitioner submits that the allegation against the accused in the present case is that he was indulged in playing game of andar bahar in a public place. The game of andar bahar has been considered as a game of skill by this Court and therefore, registration of FIR for the aforesaid offence is bad in law. He has placed reliance on multiple judgments of this Court, which has time and again said that game of andar bahar is a g
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 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.
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.
The court established that 'Andar Bahar' is a skill-based game not punishable under gaming laws; thus, proceedings against the accused were quashed.
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.
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.
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