The game of 'Andar Bahar' is classified as a 'game of skill' rather than a 'game of chance'; therefore, playing it does not constitute an offence under the Karnataka Police Act or similar gambling regulations.

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS, 2023 PRAYING TO QUASH FURTHER INVESTIGATION IN THE IMPUGNED F.I.R.NO.202/2025 REGISTERED BY THE RESPONDENT NO.3 ON 29-09-2025 FOR THE PUNISHABLE OFFENCES U/S. 78 OF THE Karnataka Police Act, 1963 R/W SECTION 112 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 PENDING ON THE FILE HON'BLE COURT OF ADDITIONAL CIVIL JUDGE AND J.M.F.C., UDUPI AGAINST THIS ANNEXURE A. PETITIONER. APPENDED VIDE-A AND ETC.,

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard Sri. Kiran N., learned counsel appearing for the petitioner and Smt. Sowmya R., learned High Court Government Pleader appearing for the respondents.

2. The petitioner is before this Court calling in question registration of a crime in crime No.202/2025 registered for the offence punishable under Section 78 of the Karnataka Police Act, 1963 read with Section 112 of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench in the case of MR. KARTHIK Vs. THE STATE OF KARNATAKA & Ors.¹W.P.No.14829/2024 disposed on 01.07.2025, the Co-ordinate Bench has held as follows:

"3. A perusal of the material on record will indicate that on 25.05.2023, respondent No.3 conducted a raid of a public place in which the petitioners were playing ‘Andar Bahar' and registered FIR in Cr.No.107/2023, which is presently pending before the trial Court, which is assailed in the present petition.

4. Learned counsel for the petitioners would reiterate the various contentions urged in the petition and referring to the material on record, in order to point out that the game, which was allegedly played by the petitioners being 'Andar Bahar', which is essentially and predominantly a 'Game of Skill' and not a 'Game of Chance', the petitioners could not be incriminated for the aforesaid offence under Sections 87 of the Karnataka Police Act as held by this Court in the following judgments:

(i) Sri Manjunath E and others vs. State of Karnataka - Crl.P.No.8396/2017;

(ii) M/s. Legends Culture Association (R) and another vs. State of Karnataka - Crl.P.No.8981/2024.

It is, therefore, submitted that the impugned proceedings deserves to be quashed.

5. Per contra, learned HCGP submits that there is no merit in the petition and the same is liable to be dismissed.

6. In relation to offences punishable in respect of 'Game of Chance' and 'Game of Skill', this Court in Manjunath E's case supra:

"The petitioners have called in question the proceedings pending before the MMTC, Bengaluru, in C.C.No.20386/2016 for the offences punishable under Sections 79 & 80 of the Karnataka Police Act.

2. A strong legal point raised by the learned counsel for the petitioner is that, the entire proceedings is hit by Section 155(2) of Cr.P.C., as the Respondent- Police have not taken any permission from the Magistrate to investigate the matter and to file a report under Section 173 Cr.P.C. before the Court. He contended that, even the entire charge sheet is translated into evidence, there is no material to show that the Game played by the accused ie., ‘Fantastic Three Dice Bowling’ is a game of chance or it is a game of skill, that fact is not mentioned in the complaint nor it has been explained as to how the game being played by the accused and it is only a game of chance.

3. Learned counsel for the petitioner has relied upon a decision of this court reported in Criminal Petition No.3082/2007 dated 22.10.2008, wherein this court has reiterated that,