HC-KAR IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CRIMINAL PETITION NO.104920 OF 2025 (482 OF Cr.PC/528 OF BNSS)

C/W CRIMINAL PETITION NO. 100506 OF 2026 (482 OF Cr.PC/528 OF BNSS)

IN CRL.P.NO.104920 OF 2025 BETWEEN:

1. SRINIVAS S/O. JEEVAJI DIVATE, AGE: 44 YEARS, OCC: TATA DTS SERVICE, R/AT: TORAVIHAKKAL, KAMARIPET, TQ. HUBLI, DIST. DHARWAD-580020.

2. KIRAN S/O. SHAMASUNDAR GUJJAR, AGE: 45 YEARS, OCC: TAILORING WORK, R/AT: BILAGI PLOT, MAYURA ESTATE, KESHWAPUR, HUBBALLI, DIST. DHARWAD-580020.

…PETITIONERS (BY SRI GOURISHANKAR H. MOT, ADVOCATE)

D by ig M ita A l L ly L I s K ig A n R e J d UN AND: RUDRAYYA KALMATH Location: High 1. THE STATE OF KARNATAKA, Court of Karnataka, Dharwad Bench OLD HUBBALLI POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580011.

…RESPONDENT (BY SRI ABHISHEK MALIPATIL, HCGP)

THIS CRIMINAL PETITION IS FILED U/S.528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1 AND 2/ PETITIONERS IN OLD-HUBBALLI POLICE STATION CRIME NO.111 OF 2025 WHICH IS REGISTERED IN C.C.NO. 3910/2025 PENDING ON THE FILE OF 4^TH ADDITIONAL CIVIL JUDGE AND JMFC, COURT, AT:

HC-KAR HUBBALLI FOR THE OFFENCE PUNISHABLE U/S.78(3) OF K.P. ACT, IN THE INTEREST OF JUSTICE.

IN CRL.P.NO.100506 OF 2026 BETWEEN:

1. JAGANATH S/O. VISHWANATH PATTAN, AGE: 37 YEARS, OCC: BUSINESSMEN, R/AT: BASAVESHWAR TEMPLE, GANTIKERI ONI, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580026.

2. VENKATESH S/O. ASHOK SOLANKE, AGE: 36 YEARS, OCC: BUSINESSMEN, R/AT: DESHPANDE NAGAR, 3^RD CROSS, DASARA APARTMENT, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580029.

3. KIRAN S/O. KRISHNASA KATAVE, AGE: 34 YEARS, OCC: BUSINESSMEN, R/AT: H.NO.1, HOSUR, 1^ST CROSS, TEJ COMPARTS, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580028.

…PETITIONERS (BY SRI GOURISHANKAR H. MOT, ADVOCATE)

AND:

THE STATE OF KARNATAKA, HUBBALLI TOWN POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580011.

…RESPONDENT (BY SRI ABHISHEK MALIPATIL, HCGP)

THIS CRIMINAL PETITION IS FILED U/S.528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO. 1 TO 3/ PETITIONERS IN HUBBALLI TOWN POLICE STATION CRIME NO.49 OF 2025 WHICH IS REGISTERED IN C.C.NO. 486/2025 ON THE FILE OF JMFC-1 COURT, AT: HUBBALLI FOR THE OFFENCE PUNISHABLE U/S.78(3) OF K.P. ACT AND 112 OF BNS, 2023, IN THE INTEREST OF JUSTICE.

THESE PETITIONS, COMING ON FOR FURTHER ARGUMENTS, THIS DAY ORDER WAS MADE THEREIN AS UNDER:

HC-KAR CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

Crl.P.No.104920/2025 is filed by accused Nos.1 and 2 under Section 528 of BNSS, seeking the following relief:

“WHEREFORE, it is most humbly prayed to this Hon’ble Court may be pleased to QUASH the entire proceedings against the accused No.1 & 2/petitioners in Old-Hubballi Police Station Crime No.111 of 2025 which is registered in CC No.3910/2025 pending on the file of Hon’ble 4^th Additional Civil Judge and JMFC, Court, at Hubballi for the offence punishable U/Sec.78(3) of K.P.Act, in the interest of justice”.

2. Crl.P.No.100506/2026 is filed by accused Nos.1 to 3 under Section 528 of BNSS, seeking the following relief:

“WHEREFORE, it is most humbly prayed to this Hon’ble Court may be pleased to QUASH the entire proceedings against the accused No.1 & 2/petitioners in Hubballi Town Police Station Crime No.49 of 2025 which is registered in CC No.486/2025 on the file of Hon’ble JMFC-I Court, At: Hubballi for the offence HC-KAR punishable U/Sec.78(3) of K.P.Act & 112 of BNS, 2023 in the interest of justice”.

3. The material on record, namely the complaint and FIR, reveals that the accused allegedly indulged in betting on cricket matches during the IPL season, and a crime have been registered against them for the aforesaid offences.

4. The learned counsel for the petition