Criminal proceedings for conducting Matka games under the Karnataka Police Act are liable to be quashed if the prosecution relies solely on police or co-accused statements without corroboration from independent witnesses.

Digitally signed REP BY SPP

by PADMAVATHI

HIGH COURT OF KARNATAKA

B K

BENGALURU - 560 001

Location: High Court of Karnataka

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH CHARGE SHEET FILED AGAINST THIS PETITIONER IN C.C.NO.1606/2025 (CR.NO.201/2025) OF KOTE PS PENDING ON THE FILE OF PRL. CIVIL JUGE (SR. DN) AND CJM AT SHIVAMOGGA, FOR THE OFFENCE PUNISHABLE UNDER SECTION 78 (3) OF KARNATAKA POLICE ACT.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard the learned counsel Sri. Rakshith R., appearing for the petitioner, Sri. Channappa Erappa, learned HCGP appearing for respondent No.1 and have perused the material on record.

2. The petitioner is before this Court, seeking the following prayer:

"Wherefore the petitioner above named humbly prays before the Hon'ble court to quash charge sheet filed against this Petitioner in C.C.No.1606/2025 (Cr.No.201/2025) of Kote PS pending on the file of Prl. Civil Judge (Sr.Dn.) and CJM, at Shivamogga for the offence punishable under section 78(3) of Karnataka Police Act in the interest of justice and equity."

3. 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 of this Court in Crl.P.No.3759/2021 disposed on 07.06.2021, wherein it has held as follows:

1. Heard the learned Counsel for the petitioners and the learned HCGP for the respondent-State.

2. Brief facts of the case leading to the filing of this petition are, the respondent-Police on a credible information received by them on 05.03.2021 at about 3.00 p.m., with regard to conducting illegal Matka game in public place near Govinahal village bus stand, raided the spot and arrested the petitioners and also recovered an amount of Rs.12,600/- cash, one pen and one OC chit used for conducting the Matka game. Thereafter, a complaint was lodged and based on the same, case in Crime No.35/2021 was registered by Malebennur Police Station of Harihara Circle for the offence punishable under Section 78 of the Karnataka Police Act, 1963. After investigation, charge sheet has been filed and the case is now pending before the Court of II Additional Civil Judge & JMFC, Harihara, in C.C.No.866/2021. Being aggrieved by the same, the petitioners have approached this Court.

3. Learned Counsel for the petitioners submits that there is absolutely no material in the charge sheet to proceed against the petitioners for the alleged offences. He submits that there is no complaint received from any private party nor is there any statement recorded by the Investigation Officer of a private party who is said to have been cheated in the case. He has relied upon the order of this Court in Crl.P.No.9122/2017 connected with Crl.P.No.9125/2017 disposed of on 17.02.2018, wherein in identical circumstances, this Court has quashed the criminal proceedings. This Court in paragraph 2 of the said order, has observed as follows:

"2. Therefore, looking to the above said facts and circumstances, it is accused No.1 who has disclosed the name of this petitioner that after accused No.1 playing ‘matka’ and getting money, he used to give the said money to the present petitioner. But there is absolutely no material in the FIR to show that whether the police have enquired any other person or public at large to ascertain whether the said factum stated by accused No.1 is true or not. Even after filing of the charge-sheet, the police have not collected any material with regard to the accused No.1 paying money collected by playi