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NC: 2026:KHC:12921

WP No. 4477 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

WRIT PETITION NO. 4477 OF 2026 (GM-RES)

BETWEEN:

1. SANTHOSHA

AGED ABOUT 47 YEARS.

S/O LATE BACHA MOGAVEERA.

R/ATCHANDU NILAYA. HANGLOOR VILLAGE.

KUNDAPURA TALUK.

UDUPI DISTRICT 576222

2. GANESHA

AGED ABOUT 37 YEARS.

S/O LATE VITTAL POOJARY.

R/A BACHI MANE. ARALAGUDDE HALEALIVE,

KOTESHWARA VILLAGE, KUNDAPURA TALUK.

UDUPI DISTRICT 576222

Digi tally

signed by

SANJEEVINI J 3. UDAYA ACHARI

KARISHETTY

AGED ABOUT 36 YEARS.

Location:

S/O LATE APPU.

High Court of

Karnataka R/A KALIKAMBA NILAYA,

KUPPARU SHANKARNAYANA VILLAGE,

UDUPI DISTRICT-567227

4. JAYAPRAKASHA

AGED ABOUT 54 YEARS.

S/O GOVINDA SHERIGARA,

R/AT MAKKIMANE, ULLURU MUDLUKATTE,

KANADAWARA VILLAGE, KUNDAPURA TALUK,

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NC: 2026:KHC:12921

WP No. 4477 of 2026

HC-KAR

UDUPI DISTRICT-576217

5. RAMANNA SHETTY

AGED ABOUT 60 YEARS,

S/O THIMAIAH SHETTY,

R/A SAHANA ESTATE, ANKADAKATTE,

KOTESHWARA VILLAGE,

KUNDAPURA TALUK,

UDUPI DISTRICT-576222.

…PETITIONERS

(BY SRI. SOHAN B. SHETTY., ADVOCATE)

AND:

1. STATE OF KARNATAKA

REPRESENTED BY

THE STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENGALURU 560001

2. HARISH R

AGED ABOUT 36 YEARS,

POLICE OFFICER, PSI,

(LAW AND ORDER),

KUNDAPURA POLICE STATION

UDUPI DISTRICT - 576201

…RESPONDENTS

(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

CHARGE SHEET DATED 14.03.2020 IN CRIME NO.0034/2020

FILED BY THE RESPONDENT NO.2 POLICE FOR THE OFFENCES

PUNISHABLE UNDER SECTIONS 78, 79 AND 80 OF KARNATAKA

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NC: 2026:KHC:12921

WP No. 4477 of 2026

HC-KAR

POLICE ACT, 1963, AGAINST THE PETITIONERS HEREIN

(ANNEXURE-A)., AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners are before this court seeking the following

prayer:

(a) Quash the charge sheet dated 14.03.2020 in Crime

NO.0034/2020 filed by the respondent No.2 police for the

offences punishable under Sections 78, 79 & 80 of Karnataka

Police Act, 1963, against the petitioners herein (Annexure-A).

(b) Quash the entire writ proceedings initiated against

the petitioners in Crime No.0034/2020 pending on the file of

Addl. Civil Judge and JMFC, at Kundapura for the offences

punishable under Sections 78, 79 & 80 of the Karnataka Police

Act, 1963, against the petitioners herein (Annexure-B).

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NC: 2026:KHC:12921

WP No. 4477 of 2026

HC-KAR

(c) Pass any such other or further order/s that this

Hon'ble Court may deem fit under the facts and circumstances

of the above case in the interest of justice and equity.

2. Learned counsel appearing for the petitioner would

submit that the issue in the lis stands covered by the judgment

rendered by a co-ordinate bench of this Court in

Crl.P.No.26024/2025 disposed on 02.09.2025, wherein it has

held as follows:

The captioned petition is filed by the petitioners seeking

quashing of the proceedings pending in C.C.No.1234/2020 for

the offences punishable under Sections 79 and 80 of the

Karnataka Police Act, 1963.

2. The gist of the prosecution’s allegation is that the

petitioners were found engaged in playing the game of andar-

bahar, pursuant to which a criminal case came to be registered.

The Investigating Officer, being of the view that the petitioners

had committed an offence, proceeded to lay a charge sheet in

C.C.No.1234/2020.

3. The issue as to whether a citizen found playing a

game of chance, namely andar-bahar, constitutes an offence

has already been considered and decided by a Coordinate

Bench in W.P.No.2227/2024. It is apposite for this Court to

reproduce paragraph 3 of the said judgment, which in turn

refers to an earlier judgment rendered in

Crl.P.No.100877/2014, and reads as follows:

"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