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2026 Supreme(Online)(Kar) 20151
THE HIGH COURT OF KARNATAKA
M.Nagaprasanna, J
Chethan Nayaka – Appellant
Versus
State Of Karnataka – Respondent
CRL.P No. 4851 of 2025
For the Appellants/Petitioners: Hanumantharaya D
For the Respondents: Channappa Earappa
The game of 'Andar Bahar' is legally recognized as a game of skill and not a game of chance; consequently, criminal proceedings for gambling under Sections 79 and 80 of the Karnataka Police Act, 1963, are not maintainable.
Headnote:(A) Karnataka Police Act, 1963 - Sections 79 and 80 - Playing 'Andar Bahar' - Whether a game of skill or chance - Court held that playing 'Andar Bahar' is a game of skill and not a game of chance - Offences punishable under Sections 79 and 80 of the Act are not attracted - Proceedings quashed in view of settled position of law. (Paras 3, 4)
Facts of the case:
The petitioners sought to quash the criminal proceedings pending before the Judicial Magistrate First Class (Traffic Court-II), Bengaluru, for offences punishable under Sections 79 & 80 of the Karnataka Police Act, 1963, alleging that the proceedings were groundless as playing 'Andar Bahar' constitutes a game of skill.
Findings of Court:
The Court held that the issue is squarely covered by earlier decisions ruling that 'Andar Bahar' is a game of skill and cannot be categorized as gambling for the purposes of the Karnataka Police Act, 1963.
Issues: Whether the game of 'Andar Bahar' constitutes a game of chance attracting offences under Sections 79 and 80 of the Karnataka Police Act, 1963.
Ratio Decidendi: Since 'Andar Bahar' is recognized as a game of skill rather than a game of chance, charging individuals for playing said game under Sections 79 and 80 of the Karnataka Police Act is legally unsustainable. Result : Petition allowed; proceedings quashed.
| Table of Content |
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| 1. andar bahar is classified as a game of skill, rendering anti-gambling provisions inapplicable. (Para 1 , 2 , 3 , 4) |
CRIMINAL PETITION NO. 4851 OF 2025 (482(Cr.PC) / 528(BNSS))
BETWEEN:
1. CHETHAN NAYAKA
S/O.RAVI NAYAKA
AGED ABOUT 32 YEARS
NO. 18/2, 20TH MAIN ROAD,
MARENAHALLI, VIJAYANAGAR,
BENGALURU CITY, KARNATAKA,
PINCODE-560040.
2. MANJUNATHA
S/O NAGAPPA,
AGED ABOUT 38 YEARS
NO.27, 8TH CROSS,
NEAR ANJAN TALKIES,
MAGADI ROAD, BENGALURU CITY,
KARNATAKA, PINCODE-560023.
3. KEMPARAJU
S/O EESHWARAPPA
AGED ABOUT 39 YEARS
NO. 101, B.D.A APARTMENT,
5TH MAIN ROAD,
PANCHASHEELA NAGAR,
MUDALAPALYA, BENGALURU CITY,
KARNATAKA, PINCODE-560040
4. SHIVANANDA
S/O SHIVALINGAYYA
AGED ABOUT 39 YEARS
NO.34/1, 7TH CROSS,
AZAD NAGAR, CHAMARAJAPET,
BENGALURU CITY,
KARNATAKA, PINCODE-560018.
5. HONNEGOWDA M R
S/O RAMEGOWDA
AGED ABOUT 42 YEARS
NOW R/AT NO. NIL, 7TH CROSS,
PRAKASH NAGAR,
BENGALURU CITY, KARNATAKA,
PINCODE-560021.
6. RAVIKUMAR
S/O ANNAPPA
AGED ABOUT 50 YEARS
NO.147/15, 1ST MAIN ROAD,
1ST CROSS,, PEENYA,
BENGALURU CITY,
KARNATAKA, PINCODE-560058.
7. SWAMY
S/O KRISHNEGOWDA MR,
AGED ABOUT 42 YEARS
NO.361, 5TH MAIN ROAD,
6TH CROSS,, G.K.W LAYOUT,
BENGALURU CITY,
KARNATAKA, PINCODE-560040.
8. RAJASHEKARAIAH
S/O BASAVARAJAPPA
AGED ABOUT 66 YEARS
NO.69, MALAGALA,
NAGARABHAVI 2ND STAGE,
BENGALURU CITY,
KARNATAKA, PINCODE-560072.
9. RAMALINGEGOWDA B J
S/O JAVAREGOWDA
AGED ABOUT 46 YEARS
NO.119/9, MARUTHINAGAR,
SONNENAHALLI, BENGALURU CITY.
KARNATAKA, PINCODE-560056.
10. LOKESH
AGED ABOUT 48 YEARS,
S/O DODDALINGAPPA
NO.64 GOLLAHALLI,
KUMBALAGUDU
BENGALURU CITY
KARNATAKA
PIN CODE 560 074.
11. GALAPPA
AGED ABOUT 46 YEARS
S/O VENKATAPPA
NO. NOT KNOWN,,
HEROHALLI, MAGADI
MAIN ROAD.
BENGALURU CITY,
KARNATAKA, PINCODE-560023.
12. PRAKASHACHARI
S/O KANTHACHARI
AGED ABOUT 39 YEARS
NO.47, 2ND CROSS,
RAJ MAHAL VILAS, ARAMANE NAGAR,
SADASHIVANAGAR,
BENGALURU CITY,
KARNATAKA, PINCODE-560091.
13. NAVEEN KUMAR
S/O BOREGOWDA
AGED ABOUT 44 YEARS
NO.32, 2ND MAIN ROAD,
MAHADESHWARANAGAR,
HEROHALLI,
BENGALURU CITY,
KARNATAKA, PINCODE-560023.
14. VASANTH KUMAR
S/O RAMACHANDRAPPA
AGED ABOUT 49 YEARS
NO.234, 2ND CROSS,
MARUTHINAGAR, SONNENAHALLI,
BENGALURU CITY,
KARNATAKA, PINCODE-560056.
15. KAMAL PUNJABI
S/O HARICHAND
AGED ABOUT 40 YEARS
NO.19/10,
NAGAPPA STREET,
PALACE GUTTAHALLI,
BENGALURU CITY,
KARNATAKA, PINCODE-560003.
16. BHOOPATHI
S/O KESHAVULU NAIDU
AGED ABOUT 44 YEARS,
NO. 184,, PULLURU,
MOTURU, THIRUVANNAMALAI,
TAMILNADU, 606752.
17. RAGHU
S/O VARADAN
AGED ABOUT 50 YEARS
NO.G-6, 55 RESIDENCY,
KODIGEHALLI,
BENGALURU CITY,
KARNATAKA, PINCODE-560091.
18. SURESH
S/O SANNAYYA
AGED ABOUT 50 YEARS.
NO.112/1, 14TH CROSS,
CHOLARAPALYA, K.P.AGRAHARA,
BENGALURU CITY,
KARNATAKA, PINCODE-560023.
19. GANGADHAR
S/O MALLAYYA
AGED ABOUT 41 YEARS
NO.NIL, BYALALU,
DODDA ALADAMARA,
BENGALURU CITY,
KARNATAKA, PINCODE-560060.
20. RAVIKUMAR
S/O GIRIYAPPA
AGED ABOUT 58 YEARS
MANIKANTESHWARA NILAYA,
NEAR RAJAKUMAR SAMADHI,
NANDINI LAYOUT,
BENGALURU CITY,
KARNATAKA, PINCODE-56009.
21. SHIVAKUMAR S
S/O SUBRAHMANI
AGED ABOUT 51 YEARS
NO. 174, 1ST MAIN ROAD,
NEAR NALANDA TALKIES,
AZAD NAGAR,
BENGALURU CITY
KARNATAKA, PINCODE-560018.
22. MANJUNATHA
S/O LINGEGOWDA
AGED ABOUT 41 YEARS
NO.118, 5TH CROSS,
BAGALAGUNTE,
BENGALURU CITY,
KARNATAKA, PINCODE-560073.
23. JAVAREGOWDA
S/O CHIKKA KALEGOWDA
AGED ABOUT 55 YEARS
R/AT NO. 128/1, 5TH CROSS,
5TH MAIN ROAD,
CHOWDESHWARINAGAR,
LAGGERE,
BENGALURU CITY.
KARNATAKA, PINCODE-560058.
ADDRESS MENTIONED AS PER FIR
24. RAMESH
S/O RAMANJULU
AGED ABOUT 46 YEARS
NO.NOT KNOWN,
MALAGALA, NAGARABHVI,
BENGALURU CITY.
KARNATAKA,
PINCODE-560072.
25. ANAND
S/O NARASANNA
AGED ABOUT 52 YEARS
NO.NIL,
NEAR LAKSHMI TEMPLE,
HEROHALLI,
BENGALURU CITY,
KARNATAKA, PINCODE-560091.
26. SURESH
S/O HONNEGOWDA
AGED ABOUT 46 YEARS
NO.42, 3RD CROSS,
PATTEGARAPALYA,
BENGALURU CITY,
KARNATAKA, PINCODE-560079.
27. KODANDARAMA A
S/O LATE ANDANAPPA B
AGED ABOUT 55 YEARS
NO.279, 10TH CROSS,
VIJAYANAGAR,
BENGALURU CITY,
KARNATAKA, PINCODE-560040
ADDRESS MENTIONED AS PER FIR.
28. KAMALESH
S/O NARAYANASWAMY
AGED ABOUT 49 YEARS
NO. 22, 2ND CROSS,
KALYANANAGAR,
NAGARABHAVI MAIN ROAD,
BENGALURU CITY,
KARNATAKA, PINCODE-560 272.
29. MURTHY
S/O RA
