Games classified as skill-based cannot attract gambling-related offences if no betting is proven.

ORAL ORDER

The petitioners are before this court seeking the following prayer:

To quash the FIR registered by Respondent / Dharmasthala Police Station in Crime NO.81/2025 for the offence punishable under Section 79 and 80 of Karnataka Police Act - 1963 and Sec 112 of BNS, 2023, pending on the file of learned Additional Civil Judge & JMFC Court, Belthangady, Dakshina Kannada District in the interest of justice.

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.103022/2025 disposed on 07.08.2025, wherein it has held 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 aforesaid offences against the petitioners herein, based on the first information dated 24.07.2025 received from Smt.Geeta Patil, Police Officer, attached to Sirsi Rural Police Station, Uttara Kannada. Assailing the correctness of the same, the petitioners, who are arrayed as accused Nos.1 to 20 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 resort. 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. She submits that in addition to Sections 79 and 80 of the Karnataka Police Act , in the present case, offence punishable under Section 112 of BNS 2023, is also invoked and therefore investigation is necessary. Accordingly, she prays to dismiss the petition.

5. The allegation against the petitioners in the first information is that, on 24.07.2025 they were found playing the game of Andar bahar in a resort known as VRR Home stay owned by accused No.1.

6. The police conducted a raid to the aforesaid place, apprehended all the accused and also had recovered a sum of ₹49,50,436/- 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 on 30.01.2018, has observed in paragraphs 5 & 6 as under:

5. In another decision reported in Eranna and others Vs. State of Karnataka [1977(1) Kar.L.J. 274], this court has observed that,-

"Unless the prosecution proved, how the game of 'Andar Bahar' is played and in what manner bettings are recorded, it could not be inferred that it was a pure and simple game of chance and not a game of skill".

6. This court also observed in the said case that, though the persons were plaing the game called 'Andar Bahar' in a private house or at a public house, the court interpreting the provisions of Section 2(3) of K.P.Act referring to the definition of 'Common Gaming House', has observed t