IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103955 OF 2025 (482(CR.PC)/528(BNSS))

BETWEEN:

1. SHRI HANUMANTH ISHWAR NAIK, AGE. 44 YEARS, OCC. LABOURER, R/O. KUMBARKERI, MANKI, HONNAVARA, UTTARA KANNADA DISTRICT, KARNATAKA-581 348.

2. SHRI MUZAKIR ABDULSUKUR SHAIKH, AGE. 31 YEARS, OCC. LABOURER, R/O. HALDIPUR, PALLIKERI, HONNAVARA, UTTARA KANNADA DISTRICT, Digitally signed by RAKESH R H A A K R E IH S A H R S KARNATAKA-581 327.

S HARIHAR L H C o O I c G U a H t R io T n O : F K D A H R A N R A W T A A D K A BENCH

3. SHRI MALLESH BASU NAIK, AGE. 48 YEARS, OCC. LABOURER, R/O. TAGGUPALYA, HONNAVARA, UTTARA KANNADA DISTRICT, KARNATAKA-581 210.

4. SHRI FARUCK MOHIDDIN SAHEB, AGE. 38 YEARS, OCC. DRIVER, R/O. NADUCHITTE KARKI, HONNAVARA, UTTARA KANNADA DISTRICT, KARNATAKA-581 341.

5. SHRI PRADEEP NAGAPPA SHETTY, AGE. 44 YEARS, OCC. LABOURER, R/O. RATHABEEDI, HONNAVARA, UTTARA KANNADA DISTRICT, KARNATAKA-581 341.

… PETITIONERS (BY SRI. SOURABH HEGDE, ADVOCATE)

AND:

THE STATE OF KARNATAKA, R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH HONNAVARA P.S., SIRSI-581 401. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO PASS AN ORDER AND QUASHING THE FIR DATED 07.09.2025 IN CRIME NO.185/2025 REGISTERED WITH THE HONNAVARA PS FOR THE OFFENCES PUNISHABLE UNDER SECTION 80 OF K.P. ACT, ON THE FILE OF CIVIL JUDGE (JR.DN.) AND J.MF.C.

COURT, HONNAVARA, UTTARA KANNADA.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Accused Nos.1, 3 to 5 and 7 in Crime No.185 of

2025 registered by Honnavara Police Station, Uttara Kannada District, for the offence punishable under Section 80 of the Karnataka Police Act, 1963 have 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 them.

2. FIR in Crime No. 185 of 2025 was registered by Honnavar Police Station, Uttara Kannada District for the aforesaid offences against the petitioners herein and two others, based on the first information dated 07.09.2025 received from Siddarameshwar S, Police Officer, attached to Honnavara Police Station, Uttara Kannada. Assailing the correctness of the same, the petitioners, who are arrayed as accused Nos.1, 3 to 5 and 7 in the FIR, are before this Court.

3. Learned counsel for the petitioners submits that the allegation against the accused in the present case is that they were indulged in playing game of Andar bahar in a private hotel. The game of Andar bahar has been considered as a game of skill by this Court and therefore registration of FIR for the aforesaid offences 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 petitioners in the first information is that, on 07.09.2025 they were found playing the game of Andar bahar in a private place known as Karki Comfort Kingdom Hotel.

6. The police conducted a raid to the aforesaid place, apprehended all the accused and also had recovered a sum of ₹20,910/- along with the pack of cards, mobile phones and the vehicles belonging to the accused 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