The court held that 'Andar Bahar' is a game of skill, and in the absence of evidence demonstrating it as a game of chance or involvement in organized crime, criminal proceedings under the Karnataka Police Act and the BNS, 2023 cannot be sustained.

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC 16/2026 FOR THE OFFENSE PUNISHABLE U/S 87 OF KP ACT AND SECTION 112 OF BNS, 2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT HOLALKERE.

THIS PETITION IS COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

Heard the learned counsel Sri. R. Shashidhara, appearing for the petitioners, Smt. Sowmya R., learned HCGP appearing for respondent No.1 and have perused the material on record.

2. The petitioners are before this Court, seeking the following prayer:

"Therefore it is respectfully prayed that this Hon'ble court may kindly be pleased to quash the entire proceedings in CC 16/2026 for the offense punishable U/s 87 of KP Act and section 112 of BNS, 2023 pending on the file of Senior Civil Judge and JMFC at Holalkere, in the interest of justice and equity."

3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.15756/2025 disposed on 12.01.2026, wherein it has held as follows:

"The petitioners are before this Court calling in question proceedings in C.C.No.519/2023 pending before the Judicial Magistrate First Class, Mandya, registered for the offences punishable under Section 79 and 80 of the Karnataka Police Act, 1963 .

2. Heard Sri. Sathisha D.J., learned counsel for the petitioners and Sri. B.N. Jagadeesha, learned Addl.SPP appearing for respondent No.1 and have perused the material on record.

3. 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.103022/2025, disposed on 07.08.2025, which read 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