IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8741 OF 2025 BETWEEN:

MR. ABHISHEK NAIK S/O SRI CHANDRAKANTH NAYAKA, AGED ABOUT 34 YEARS, R/O NO.287, 3RD CROSS, C.K. PURA, CHALLAKERE, CHITRADURGA - 577 501.

…PETITIONER (BY SRI. BHARATH KUMAR V, ADVOCATE)

AND:

1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, Digitally signed CHITRADURGA EXTENSION POLICE STATION, by SHARADAVANI REPRESENTED BY STATE PUBLIC PROSECUTOR, B HON'BLE HIGH COURT OF KARNATAKA, Location: High Court of BANGALORE - 560 001.

Karnataka

2. CIRCLE POLICE INSPECTOR, HOLALKERE CIRCLE, CHITRADURGA EXTENSION POLICE STATION, CHITRADURGA - 577 501.

…RESPONDENTS (BY SRI. NAGESHWARAPPA K, HCGP)

THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS)

PRAYING TO QUASH THE FIR BEARING NO.75/2025 ALONG WITH THE INFORMATION DATED 11.06.2025 REGISTERED WITH THE RESPONDENT NO.1 CHITRADURGA EXTENSION P.S., WHEREIN THE PETITIONERS HEREIN ARE ARRAIGNED AS ACCUSED FOR THE OFFENCES P/U/S 79, 80 OF THE KARNATAKA POLICE ACT, U/S 112 OF THE BNS, PENDING BEFORE PRL. CIVIL JUDGE (SR.DN) AND CJM COURT, CHITRADURGA DISTRICT, ANNEXED VIDE ANNEXURE A AND A1.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks the following relief:

"Wherefore, in view of the aforementioned facts. Circumstances and grounds cited, the petitioner in the present criminal petition prays that this Hon'ble Court be pleased to:

a. Quash the FIR bearing No.75/2025 along with the information dated 11.06.2025 registered with the respondent No.1 Chitradurga Extension Police Station wherein the Petitioners herein are arraigned as accused for the alleged offence under Section 79, 80 of the Karnataka Police Act and Section 112 of the Bharatiya Nyaya Sanhita, Pending before Prl. Civil Judge (Sr.Dn.) & CJM Court, Chitradurga District, (Annexed vide ANNEXURE-A and A-1).

b. Pass any order/s as deems fit to this Hon'ble Court in the interest of justice."

2. Heard the learned counsel for the petitioner and the learned HCGP for respondents and perused the materials on record.

3. A perusal of the material on record will indicate on 11.06.2025, respondent No.1 upon receiving a credible information from respondent No.2 that certain persons were indulging in act of gambling/game of chance, respondent No.1-Police registered the FIR in Crime No.75/2025 against the petitioner for the alleged offences punishable under Sections 79 and 80 of the Karnataka Police Act and Section 112 of the Bharatiya Nyaya Sanhita (BNS), 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 and submits that the petitioner herein is only the Vice President of M/s. Power Recreation House where the raid was conducted and the alleged offence is said to have been committed. Further, learned counsel for the petitioner submits that there are no averments made in the complaint as to the nature of the game and has not stated as to whether such game is a ‘Game of Chance’ or a ‘Game of Skill’ and hence, the petitioner could not be incriminated for the aforesaid offences under Sections 79 and 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) 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. A perusal of the material on record will indicate that the petitioner is only the Vice President of M/s. Power Recreation House wherein the alleged offence is said to have committed. This being the case, t