BETWEEN:

1. MARUTHI,

S/O BASAVARAJAPPA,

AGED 27 YEARS,

R/O KODAGAVALLI VILLAGE,

CHITRADURGA TALUK

AND DISTRICT - 577 501.

2. JAMIR,

S/O SALIM,

AGED ABOUT 45 YEARS,

R/O AGASANAKALLU,

CHITRADURGA TOWN - 577 501.

3. MAHAMMD ASIF,

S/O GHANISAB,

AGED ABOUT 51 YEARS,

R/O AGASANAKALLU,

CHITRADURGA TOWN - 577 501.

4. VISHWANATHA,

S/O CHANDRAPPA,

AGED ABOUT 56 YEARS,

R/O DAVANAGERE - 577 001.

5. MAHAMMAD,

S/O KHADARBHASHA,

AGED ABOUT 35 YEARS,

R/O 2ND CROSS, ALIMOHALLA,

CHITRADURGA TOWN - 577 501.

6. SYED SHAFIULLA,

S/O SYED GAFRA,

AGED ABOUT 38 YEARS,

R/O NEAR SADIQ HOTEL, AZAD NAGARA,

CHITRADURGA - 577 501.

7. RANGAPPA,

S/O KRUSHNAPPA,

AGED ABOUT 58 YEARS,

R/O KUNCHIGANALU VILLAGE,

CHITRADURGA - 577 501.

8. RUDRACHAR,

S/O CHOKKACHARI,

AGED ABOUT 62 YEARS,

R/O HOSPITAL ROAD,

BHARAMASAGARA,

CHITRADURGA TALUK

AND DISTRICT - 577 501.

9. CHANDRAPPA,

S/O BASAVARAJA,

AGED ABOUT 44 YEARS,

R/O NEAR HONDA, HD PURA VILLAGE,

HOLALKERE TQ,

CHITRADURGA - 577 526.

10. PRASANNA,

S/O THIPPESWAMY,

AGED ABOUT 49 YEARS,

R/O KOLIBURUJANAHATTY,

DODDAPETE,

CHITRADURGA TOWN - 577 501.

11. VAMADEVAYYA,

S/O HALAIAH,

AGED ABOUT 53 YEARS,

R/O SANTHEBENNURU, HONDA ROAD,

CHANNAGIRI TQ,

DAVANAGERE DISTRICT - 577 552.

12. PRAKASH,

S/O KRUSHNAPPA,

AGED ABOUT 57 YEARS,

R/O RAILWAY STATION,

CHITRADURGA TOWN - 577 501.

13. JABEEULLA,

S/O MEHABUB SAB,

AGED ABOUT 42 YEARS,

R/O BISIDE PUSHPANJALI TALKIES,

HIRIYURU TOWN,

CHITRADURGA DISTRICT - 577 598.

14. BASAVARAJA,

S/O GARUDAPPA,

AGED ABOUT 55 YEARS,

R/O KALAMMANA BEEDI,

SANTHEBENNURU VILLAGE,

CHANNAGIRI TALUK,

DAVANAGERE DISTRICT - 577 552.

15. MOHAMMD MUSHIR RIYAZ,

S/O ABDUL STTAR,

AGED ABOUT 46 YEARS,

R/O. 3RD CROSS,

NEHARU NAGARA,

CHITRADURGA TOWN - 577 501.

…PETITIONERS

(BY SRI. SHIVAKUMARAPPA T.C., ADVOCATE)

AND:

THE STATE OF KARNATAKA,

BY KOTE POLICE STATION,

CHITRADURGA.

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

AMBEDKAR BEEDI,

BENGALURU - 560 001.

…RESPONDENT

(BY SMT.WAHEEDA M.M., HCGP)

THIS CRL.P. IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE AND ISSUE OF SUMMONS TO THE PETITIONER/ACCUSED NO.3, 4, 6, 7, 9, 11, 12, 14 TO 18 AND 20 TO 22 IN C.C.NO.1212/2025 BY THE LEARNED II ADDL SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA BY HIS ORDER DATED 28.10.2025 AND TO QUASH THE ENTIRE CHARGE SHEET FILED BY THE RESPONDENT POLICE SUB INSPECTOR OF KOTE POLICE STATION, CHITRADURGA AGAINST ACCUSED NO.3, 4, 6, 7, 9, 11, 12, 14 TO 18 AND 20 TO 22 IN CR.NO.143/2024 C.C.NO.1212/2025 FOR THE OFFENCE P/US/ 79, 80 OF KP ACT, PENDING ON THE FILE OF LEARNED II ADDL SENIOR CIVIL JUDGE AND JMFC CHITRADURGA BY ALLOWING THIS CRIMINAL PETITION.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners are before this Court calling in question proceedings in C.C.No.1212/2025 pending on the file of II Additional Senior Civil Judge and JMFC, Chitradurga, for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 (for short ‘the Act’).

2. Heard Sri. Shivakumarappa T.C., learned counsel appearing for the petitioners and Smt. Waheeda M.M., learned High Court Government Pleader appearing for the respondent.

3. The learned counsel appearing for the petitioners 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