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.

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 game of skill and not a game of chance.

4. Per contra, learned HCGP has opposed the petition.

5. The allegation against the petitioner in the first information is that, on 13.11.2023 he was found playing the game of andar bahar with other accused in a public place.

6. The Police conducted a raid to the aforesaid place, apprehended the accused herein and others and also had recovered a sum of ₹8,650/- along with the pack of cards and thereafter, the FIR was registered against the apprehended accused for the aforesaid offences.

7. This Court in Criminal Petition No.1997 of 2021, in paragraph Nos.7 to 9 has observed as follows:

“7. It is the case of the prosecution that the petitioners and other members of the club who were present at the time of raid were indulged in playing the game of cards which is known as Andhar Bahar. This Court in Crl.P.No.9298/2017 disposed of on 30.01.2018, has observed in paragraphs 5 & 6 as under:

5. In another decision reported in Eranna and others Vs. State of Karnataka, 1977 (1) Kar. L.J. 274, this court has observed that-

"Unless the prosecution proved, how the game of 'Andar Bahar' is played and in what manner bettings are recorded, it could not be inferred that it was a pure and simple game of chance and not a game of skill".

6. This court also observed in the said case that, though the persons were plaing the game called 'Andar Bahar' in a private house or at a public house, the court interpreting the provisions of Section 2(3) of K.P.Act referring to the definition of 'Common Gaming House', has observed that, though the persons were playing 'Andar Bahar' inside their house for that reason only it cannot be called as a common gaming house. When no complaint has been filed by anybody that the said house has been converted into a common gaming house at any point of time. Merely on the ground as an isolated circumstance, if some persons or the inmates of the house were playing 'Andar Bahar', at any stretch of imagination, it cannot be said that the said house can be called as 'Common Gaming House'."

8. In Crl. Pet. No. 200807/2017 (Ramu & others Vs The State), the co-ordinate bench of this Court, has held in paragraph 8 as under:

"8. The third contention which has been raised by the learned counsel for the petitioners are that, though the charge sheet has been laid against the petitioners, there is nothing to demonstrate that the petitioners-accused were playing Andar Bahar and it is a game of chance