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NC: 2026:KHC:18504 CRL.P No. 3688 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 3688 OF 2026 (482(Cr.PC) / 528(BNSS))

BETWEEN:

1. NITIN RAJ, S/O YASHAVANTHA KOTTARY,

AGED ABOUT 35 YEARS, R/AT 1-94, KOTRAGUTTHU,

AMBLAMOGARU, ULLAL, DAKSHINA KANNADA - 575 017.

2. SACHIN R SHETTY, S/O RAMESH SHETTY,

AGED ABOUT 35 YEARS, R/AT 2-133, PARAMBETTU HOUSE, Digitally signed

by SANJEEVINI PADUPALIMARU, J KARISHETTY UDUPI - 574 112.

Location: H igh Court of Karnataka

3. SATHISH ALIAS KISHORE, S/O KESHAVAKOTTARI, AGED ABOUT 38 YEARS,

R/AT 25-1-28, KUDUKORIGUDDE BYPASS ROAD, KANKANADY,

MANGALURU, DAKSHINA KANNADA - 575 002.

4. RANJITH K AMIN, S/O KAMALAKSHA,

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NC: 2026:KHC:18504 CRL.P No. 3688 of 2026

HC-KAR

AGED ABOUT 39 YEARS, R/AT 12/3, VINAYAKA VIHAR,

OPP. KULALBHAVAN, JAYANAGAR ROAD, THADAMBAIL, SURATHKAL,

DAKSHINA KANNADA - 575 014.

5. RAVI, S/O YAMUNAPPARATHOD,

AGED ABOUT 36 YEARS, R/AT 2-8/2, BADRIYA COTTAGE, SADASHIVA NAGAR 1ST CROSS,

SURATHKAL, DAKSHINA KANNADA - 575 014.

6. KISHOR KUMAR ALIAS UDYAVARAKISHOR AGED MAJOR ABOUT 45 YEARS, R/AT 7-141 C, GANESH NAGAR,

UDYAVARA, UDUPI - 574 118.

…PETITIONERS (BY SRI. THANOJ KUMAR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, MALPE POLICE

STATION, UDUPI. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT,

BENGALURU - 560 001.

2. IRANNASHIRAGUMPI, PSI (L AND O),

MALPE POLICE STATION, KODAVOOR, UDUPI, KARNATAKA.

…RESPONDENTS (BY SRI.CHANNAPPA ERAPPA, HCGP FOR R1)

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NC: 2026:KHC:18504 CRL.P No. 3688 of 2026

HC-KAR

THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS)

PRAYING TO QUASH THE FIR IN CR.NO.17/2026 REGISTERED BY MALPE P.S. UDUPI DISTRICT PENDING ON THE FILE BEFORE THE PRL.SR.CIVIL JUDGE AND C.J.M UDUPI FOR THE OFFENCE P/U/S 87 OF KARNATAKA POLICE ACT 1963 AND 112

OF BNS 2023.

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 seeking the following

prayer:

"Wherefore, the petitioners most respectfully prayed that this Hon'ble Court may be pleased

to:

a) Quash the FIR in Crime No.17/2026 registered by Malpe Police station, Udupi District, pending on the file of Principal Senior Civil Judge and CJM, Udupi, for offences under Section 87 of Karnataka Police Act, 1963 and Section 112 of the Bharatiya Nyaya Sanhita

(BNS), 2023."

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NC: 2026:KHC:18504 CRL.P No. 3688 of 2026

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2. The learned counsel for the petitioners submits that

the issue in the lis has answered by the judgment rendered by

this Court, which is held as under:

"The petitioners are before this Court calling in question

registration of a crime in Crime No.119/2023, the order dated 04.01.2024 and the proceedings in C.C.No.10/2024, pending before the Additional Civil Judge and JMFC, Holalkere, registered for the offences punishable under Sections 79 and

80 of the Karnataka Police Act, 1963.

2. Heard Sri Kalyan R., learned counsel for the petitioners

and Sri P. Thejesh, learned High Court Government Pleader for

respondent No.1.

3. The learned counsel for the petitioners submits 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

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NC: 2026:KHC:18504 CRL.P No. 3688 of 2026

HC-KAR

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 categor

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