IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1591 OF 2026 (482(Cr.PC) /

528(BNSS) BETWEEN:

1. NAVEEN V @ NAVEEN S/O VENKATESH, AGED ABOUT 39 YEARS, R/AT NO. 21, GOWDRUMANE

6TH MAIN ROAD, OPPOSITE SBI ATM, VENKATASWAMAPPA BADAVANE, AGS LAYOUT, AREHALLI, SUBRAMANYAPURA, Digitally signed BENGALURU - 560 061.

by SANJEEVINI J KARISHETTY Location: High 2. ABHISHEK S Court of Karnataka S/O SRINIVAS, AGED ABOUT 30 YEARS, R/AT 210, 4TH MAIN, 5TH CROSS, NEAR TEJA MEDICLE, SRINIVASANAGAR, BSK 3RD STAGE, BANASHANKARI, BENGALURU - 560 050.

3. HARISH KUMAR. V.K.

S/O LATE KRISHNAPPA, AGED ABOUT 33 YEARS, R/AT 33, 2ND MAIN, NEAR NARAGUNDA COLLEGE.

DATTATREYA NAGARA, HOSAKEREHALLI, BSK 3RD STAGE, BANASHANKARI, BENGALURU - 560 085.

4. DILEEP B.K @ DILEEP KUMAR B.K. S/O KRISHNA B.M @ KRISHNEGOWDA AGED ABOUT 32 YEARS, R/AT 690, 8TH CROSS, 8TH BLOCK, SMV LAYOUT, RAJARATHNAM ROAD, BENGALURU - 560 091.

5. SURYA KUMAR. J S/O JAYARAMU AGED ABOUT 29 YEARS, R/AT NO. 22, 4TH CROSS, KAVERI NAGARA, BENGALURU - 560 085.

…PETITIONERS (BY SRI. MANJUNATH M.R, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY BY GIRINAGARA P.S, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001.

2. NARYANANA POLICE SUB INSPECTOR AGED ABOUT 37 YEARS GIRINAGARA POLICE STATION, BSK 3RD STAGE, BENGALURU CITY - 560 085.

…RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1)

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

PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.4324/2025 ARISING OUT OF CR.NO.122/2023 REGISTERED BY GIRINAGAR P.S., BENALURU, FOR THE OFFENCES P/U/S 79 AND 80 OF K.P ACT, PENDING ON THE FILE OF JMFC (TRAFFIC COURT-IV) BENGALURU.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners are before this Court calling in question proceedings in C.C.No.4324/2025 pending on the file of Judicial Magistrate First Class (Traffic Court - IV), Bengaluru, for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 (for short ‘the Act’).

2. Heard Sri. Manjunath M.R., learned counsel appearing for the petitioners and Sri. Vinay Mahadevaiah, learned High Court Government Pleader appearing for respondent No.1. 3. The learned counsel appearing for the petitioners submit that the issue in the case at hand stands covered by the judgments rendered by the Co-ordinate Benches of this Court in Crl.P.No.100877/2014, disposed on 13.06.2014, which read 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”.

6. In the ruling reported in 1977 (1) K.L.J. 274 (supra), this Court has categorically held that, game of ‘Andar Bahar’ is not a game of chance. The facts are also little bit relevant as quoted in the said case. At paragraph 7 of the said judgment, it is stated that;

“In this view of the matter, the essential ingredient of the offence was not proved. It could not be established that the petitioner – accused were playing a game of chance and one does not know how the game ‘Andar Bahar’ is actually played with the assistance of cards. Even if any betting was resorted to and even if any pledge of moveables was made in support of that betting, that by itself did not convert a game of a skill into a game of chance. At any rate it was not categorically proved that ‘Andar Bahar’ is a game of chance and that these accused were playing that game. They were not covered under the definition of gaming in a common house. Since the institution w