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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Girish H K, S/O Kempegowda – Appellant
Versus
State Of Karnataka By Mandya Rural Police Station – Respondent
ORDER :
M. NAGAPRASANNA, J.
The petitioners are before this Court calling in question proceedings in C.C.No.519/2023 pending before the Judicial Magistrate First Class, Mandya, registered for the offences punishable under Section 79 and 80 of the Karnataka Police Act, 1963.
2. Heard Sri. Sathisha D.J., learned counsel for the petitioners and Sri. B.N. Jagadeesha, learned Addl.SPP appearing for respondent No.1 and have perused the material on record.
3. The learned counsel for the petitioners submits that the issue in the case at hand stands covered by the judgment rendered by the Co-ordinate Bench of this Court in Crl.P.No.103022/2025, disposed on 07.08.2025, which read as follows:
1. Accused Nos.1 to 20 in Crime No.114 of 2025 registered by Sirsi Rural Police Station, Uttara Kannada District, for the offences punishable under Sections 79 & 80 of the Karnataka Police Act, 1963 and Section 112 of BNS, 2023 have approached this Court in these two petitions filed under Section 528 of BNSS 2023, with a prayer to quash the entire proceedings in the aforesaid case, as against them.
2. FIR in Crime No.114 of 2025 was registered by Sirsi Rural Police Station, Uttara Kannada District for the afo
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 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 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 established that 'Andar Bahar' is a skill-based game not punishable under gaming laws; thus, proceedings against the accused were quashed.
Illegality in investigation goes to root of matter.
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 classified as skill-based do not fall under the jurisdiction of Sections 79 and 80 of the Karnataka Police Act concerning games of chance.
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