##PAGE1##

- 1 -

NC: 2026:KHC-D:6321

CRL.P No. 100541 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

DATED THIS THE 27^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

CRIMINAL PETITION NO.100541 OF 2026

(482 OF Cr.PC/528 OF BNSS)

BETWEEN:

1. VENKATESH S/O. ASHOK SOLANKE,

AGE: 36 YEARS, OCC: BUSINESS,

R/AT: H.NO.201, 3^RD CROSS,

DASARA APARTMENT, DESHPANDE NAGAR,

HUBBALLI. DIST. DHARWAD-580029.

2. KIRAN S/O. KRISHNASA KATAVE,

AGE: 34 YEARS, OCC: BUSINESS,

R/AT: TEJ COMPERTS APARTMENTS, HOSUR,

HUBBALLI, DIST. DHARWAD-580021.

…PETITIONERS

(BY SRI GOURISHANKAR H. MOT, ADVOCATE)

AND:

Digitally signed by

PRAT IBHA M

PATIL THE STATE OF KARNATAKA,

Location: HIGH HUBBALLI TOWN POLICE STATION, HUBBALLI,

COURT OF

REP. BY ITS STATE PUBLIC PROSECUTOR,

KARNATAKA

DHARWAD BENCH HIGH COURT OF KARNATAKA,

DHARWAD

DHARWAD BENCH, AT: DHARWAD-580011.

…RESPONDENT

(BY SRI DAYANAND SANGRESHI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S.528 OF BHARAIYA

NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO QUASH THE

ENTIRE PROCEEDINGS TAKEN AGAINST THE ACCUSED NO.1 AND

2/PETITIONERS IN HUBLI TOWN POLICE STATION CRIME

NO.50/2025 REGISTERED AS C.C.NO.485/2025 CURRENTLY

PENDING ON THE FILE OF JMFC I COURT HUBLI, AT HUBLI FOR THE

OFFENCE PUNISHABLE U/S.78(3) OF K.P. ACT AND 112 OF BNS,

2023, IN THE INTEREST OF JUSTICE.

- 2 -

NC: 2026:KHC-D:6321

CRL.P No. 100541 of 2026

HC-KAR

THIS PETITION COMING ON FOR ADMISSION, THIS DAY

ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL OR

Though the case is listed for admission, with the

consent of both the learned counsels, it is taken up for final

disposal.

2. Heard the arguments of Sri. Gourishankar Mot,

learned counsel for the petitioners/accused Nos.1 and 2,

Sri. Dayanand Sangreshi, learned HCGP for respondent-

State and perused the material made available before the

Court.

3. This petition is filed by accused Nos.1 and 2

under Section 482 of the Code of Criminal Procedure,

1973/Section 528 of Bharatiya Nagarik Suraksha Sanhita,

2023, seeking the following relief:

“WHEREFORE, it is most humbly prayed to this Hon’ble

Court may be pleased to QUASH the entire

- 3 -

NC: 2026:KHC-D:6321

CRL.P No. 100541 of 2026

HC-KAR

proceedings taken against the Accused No.1 &

2/petitioners in Hubli Town Police Station Crime No.50

of 2025 registered as C.C.No.485/2025 currently

pending on the files of Hon’ble JMFC I Court Hubli, at:

Hubli for the offence punishable U/Sec.78(3) of

K.P.Act, and 112 of BNS, 2023 in the interest of

justice”.

4. The materials on record, namely the complaint,

FIR and charge sheet, reveals that the accused allegedly

indulged in betting on cricket matches during the T-20 Tata

I.P.L., 2025, and a crime have been registered against them

for the aforesaid offences.

5. The learned counsel for the petitioners submitted

that betting on cricket matches does not constitute an

offence, as cricket is a game of skill and not a game of

chance. In support of this contention, reliance is placed on

the order passed by this Court in Crl.P.No.101349/2025,

wherein this Court, in paragraphs Nos.3 and 4, held as

follows:

- 4 -

NC: 2026:KHC-D:6321

CRL.P No. 100541 of 2026

HC-KAR

“3. Perusal of the material on record would go to

show that FIR has been registered against the

accused in the present case alleging that he was

indulged in betting on the cricket match when the

Tata IPL 2020 cricket match was going on. The co-

ordinate Bench of this court in Criminal Petition

No.2929/2021 in paragraph No.12 has observed as

follows:

“12. One of the petitioners is bookie said to have

involved in betting. Sri Hashmath Pasha has relied

upon a judgment of the Supreme Court in Board of

Control for Cricket vs Cricket Association of Bihar

and others (2016 (8) SCC 535) where it is

observed that betting is to be legalized. It was

argued by the respondent that betting amounts to

gaming which is an offence under the Karnataka

Police Act. If Section 2(7) of the Karnataka Police

Act is seen, its explanation very clearly says that

game of chance does not include any a