THIS CRIMINAL PETITION IS FILED U/S.528 OF BHARATIYA NAGARIK SURAKSHA SANHITA-2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO. 3 & 11/PETITIONERS AS FILED BY KESHAVAPUR POLICE STATION IN CRIME NO.144/2025 PENDING BEFORE JMFC-II COURT AT HUBBALLI REGISTERED IN C.C.NO.3133/2025 FOR THE OFFENCES PUNISHABLE U/S.79 AND 80 OF KARNATAKA POLICE ACT 1963, IN THE INTREST OF JUSTICE.

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

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

The petitioners/accused Nos.3 and 11 have filed this criminal petition under Section 482 of Code of Criminal Procedure, Hereinafter referred to as the ‘Cr.PC.’ /528 of Bharatiya Nagarika Suraksha Sanhita, 2023, Hereinafter referred to as the ‘BNSS, 2023’ praying to quash the entire proceedings by making prayer in the petition as follows:

“PRAYER

WHEREFORE, it is most humbly prayed to this Hon’ble Court may be pleased to QUASH the Entire proceeding against the accused no.3 & 11/petitioners as filed by Keshavapur Police Station in Crime No: 144/2025 pending before Hon’ble JMFC-II Court At: Hubballi registered in C.C. No.3133/2025 for the offences punishable U/Sec. 79 & 80 of Karnataka Police Act 1963, in the interest of Justice.”

It is the brief case of prosecution that the complainant, a police constable, was on patrolling duty on 19.09.2025 at 06.00 p.m., along with other staff members. While they were near Kusugal Road, Vishal Mega Mart, he received information that 10-11 persons had gathered at Hubballi Suncity Park, Pawar Farm House and were playing Andar-Bahar with the help of ispeet cards. Based on this information, he lodged a complaint. Accordingly, the crime was registered as above stated and after conducting the investigation the articles used for playing Andar-Bahar were recovered. Thus, the crime is registered as above stated.

Learned counsel for the petitioners/accused Nos.3 and 11 submitted that playing Andar-Bahar is not an offence and places reliance on the judgment of this Court in the case of ERANNA AND OTHERS VS. STATE OF KARNATAKA³1977 (1) KAR.L.J 274 and also places reliance on the judgment of this Court in the case of SHIVANAND AND OTHERS VS. STATE OF KARNATAKA⁴Crl.P.No.101794 of 2022 dated 30.06.2022

In the above said cases, the offences alleged were that the accused were playing Andar-Bahar with ispeet cards and apprehended, but it was held that playing Andar-Bahar is not an offence under the provisions of Karnataka Police Act, 1963 (for short ‘the KP Act, 1963’); therefore, the proceedings initiated against the petitioners/accused Nos.3 and 11 were quashed.

In the present case also, the allegation is that the accused were playing Andar-Bahar with the help of ispeet cards. Hence, the matter is squarely covered by the judgments of this Court as above stated. Therefore, the entire proceedings against the petitioners/accused Nos.3 and 11, pending in C.C.No.3133/2025 for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963, in pursuance to the charge sheet, cannot be continued further. Hence, no offence is made out and the criminal proceedings initiated against the petitioners/accused Nos.3 and 11 are liable to be quashed.

In the result, I proceed to pass the following:

ORDER

i. The petition is allowed

ii. The entire proceedings initiated against the petitioners/accused Nos.3 and 11 by the Keshavapur Police Station in Crime No.144/2025 pending before the Judicial Magistrate First Class-II Court, Hubballi, registered in C.C.No.3133/2025 for the offences punishable U/Sec. 79 and 80 of the Karnataka Police Act, 1963 are hereby quashed.