KARNATAKA HIGH COURT
M.NAGAPRASANNA, J
NITHYANANDA SHETTY – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
ORAL ORDER
The petitioners - accused Nos.3, 6, 8, 10,18 and 28 are before this Court calling in question an order dated 13.03.2024, passed by the Senior Civil Judge and JMFC, Moodabidre, Dakshina Kannada District, in C.C.No.43/2024 for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 (for short ‘the Act’).
2. Heard Sri. Narayana Swamy N., learned counsel for the petitioners and Sri. B.N.Jagadeeseha, learned Additional State Public Prosecutor for respondents.
3. Learned counsel appearing for the petitioners submit that the issue in the lis stands covered by the judgments rendered by a co-ordinate bench of this Court in Crl.P.No.100877/2014, disposed on 13.06.2014, which reads as follows:
"5. On analysing the above said provision of law, this Court has rendered a decision reported in 1971(2) Mys. L.J. 187 in the case of Chickarangappa & Others Vs. State of Mysore and another decision reported in 1977 (1) K.L.J. 274 in the case of Eranna Vs. State of Karnataka , which decisions declare that, “playing ‘Andar Bahar’ is a game of skill and not mere a game of chance and therefore, the offence punishable under Section 79 and 80 of the Act are not attracted”.
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