THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.27/2026 DATED 22.02.2026 REGISTERED BY TOWN POLICE STATION, CHITRADURGA, FOR OFFENCES PUNISHABLE UNDER SECTIONS 79 AND 80 OF THE KARNATAKA POLICE ACT, 1963, PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC, CHITRADURGA;

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

CORAM:

HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court calling in question registration of a crime in crime No.27/2026 pending on the file of Principal Civil Judge and JMFC, Chitradurga, for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 (for short ‘the Act’).

Heard Sri. Ravi H.K., learned counsel appearing for the petitioner and Sri. Anoop Kumar, learned High Court Government Pleader appearing for the respondent.

The learned counsel appearing for the petitioner submit 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 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 categorically held that, game of ‘Andar Bahar’ is not a game of chance. The facts are also little bit relevant as quoted in the said case. At paragraph 7 of the said judgment, it is stated that;

“In this view of the matter, the essential ingredient of the offence was not proved. It could not be established that the petitioner – accused were playing a game of chance and one does not know how the game ‘Andar Bahar’ is actually played with the assistance of cards. Even if any betting was resorted to and even if any pledge of moveables was made in support of that betting, that by itself did not convert a game of a skill into a game of chance. At any rate it was not categorically proved that ‘Andar Bahar’ is a game of chance and that these accused were playing that game. They were not covered under the definition of gaming in a common house. Since the institution where the accused were found playing the game with cards is a club, it is not unusual that cards are played in a club, and it may even be that some betting was also being done. These facts by themselves never proved that a game of chance was being played or that no skill was involved in that game so that it could be considered to be a mere game of chance. It is manifest that a game of skill would not be held to be gambling for the purpose of the Act. In this view of the matter, no offence under Sections 79 and 80 of the Karnataka Police Act, 1963 was made out against the petitioners. Hence the conviction of sentence was set aside”.

and in criminal revision petition No.100031/2014, disposed on 03.03.2015, it is held as follows:

"This revision petition is filed under Section 397 read with Section 401 of Cr.P.C. by the State, aggrieved by the order passed by the learned Magistrate in releasing the interim custody of the cash amount in favour of accused No.2/ respondent No.2.

2. Succinctly stated, the P.S.I. of Honnavar Police Station charge sheeted the respondents for the offence punishable under Section 87 of K.P. Act. The accused were on bail. During the raid the Investigating Officer had seized cash of Rs.34,468/-, which is alleged to be the gaming money. Respondent No.2 moved an application under Section 457 of Cr.P.C. for release of the said amount. The application was contested by the prosecution. Th