IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1871/2019 BETWEEN:
1. SANGAMESHA S/O ERANNA AGED ABOUT 26 YEARS R/O NEAR MYLARALINGESHWARA TEMPLE, KONDAJJI ROAD VINAYAKANAGARA DAVANAGERE - 577 005.
2. SHANKARAPPA S/O LAKSHMAPPA AGED ABOUT 53 YEARS R/O #87, SOG COLONY B BLOCK, DAVANAGERE - 577 005.
3. MAHADEVAPPA S/O KARIYAPPA AGED ABOUT 55 YEARS R/O HOSA BELAVANURU VILLAGE DAVANAGERE - 577 005.
4. SANTHOSH T S/O THIPPESHAPPA AGED ABOUT 20 YEARS R/O NEAR DUGGAMMA TEMPLE, KURUBARAKERI DAVANAGERE - 577 002.
5. SALMAN KHAN S/O BABU KHAN AGED ABOUT 27 YEARS R/O 1270/1, 7TH CROSS 3RD MAIN, KTJ NAGAR DAVANAGERE - 577 003.
6. SADATH SUHEB S/O HAMEEDULLA AGED ABOUT 24 YEARS R/O 1ST CROSS, 2ND MAIN KTJ NAGAR DAVANAGERE - 577 003.
7. UMAR FAROOQ S/O ABDUL SAB AGED ABOUT 21 YEARS R/O SHEKARAPPA NAGAR A BLOCK, 4TH CROSS DAVANAGERE - 577 004.
8. GADIGAPPA S/O SIDDABASAPPA AGED ABOUT 50 YEARS R/O #44, ANNIGERI BUILDING VIDYANAGAR A BLOCK HARIHAR, DAVANAGERE DISTRICT - 577 602.
9. NAGARAJ K S/O KARIYAPPA AGED ABOUT 40 YEARS R/O THEGGINAKERI 2ND CROSS HARIHARA, DAVANAGERE DISTRICT - 577 602.
10. KANTHARAJA S/O MALLESHACHARI AGED ABOUT 38 YEARS R/O #776, 6TH CROSS IN FRONT OF DONGI PARK BAGATH SINGH NAGAR DAVANAGERE DISTRICT - 577 002.
11. IRFAN S S/O SHAPHI AGED ABOUT 27 YEARS R/O 6TH CROSS, BAGATH SINGH NAGAR, DAVANAGERE DISTRICT - 577 002.
12. REVANASIDDAPPA S/O DURGAPPA AGED ABOUT 34 YEARS R/O 2ND MAIN, 6TH CROSS BEHIND SAI GARMENTS HOSA BADAVANE NITTUVALLI DAVANAGERE - 577 004.
13. HUCCHANGAPPA N S/O NAGAPPA AGED ABOUT 46 YEARS R/O NAYAKARA BEEDI NITTUVALLI DAVANAGERE - 577 004.
14. KUMAR S/O THIPPANNA AGED ABOUT 48 YEARS R/O NEAR ANJANEYA TEMPLE 3RD CROSS, NITTUVALLI DAVANAGERE - 577 004.
15. MOHANA @ MOUNESH S/O ERANNA AGED ABOUT 43 YEARS R/O GANESHPETE NEAR KALAMMA TEMPLE DAVANAGERE - 577 001.
16. NAGARAJ S/O SHIVARAJAPPA AGED ABOUT 39 YEARS R/O SRIRAMANAGARA INDUSTRIAL AREA, DAVANAGERE - 577 005.
(BY SRI. JAYA PRAKASH K.N., ADVOCATE) ... PETITIONERS AND:
THE STATE OF KARNATAKA BY VIDYANAGARA POLICE STATION, DAVANGERE REPTD. BY ITS S.P.P., HIGH COURT BUILDING BENGALURU - 560 001.
(BY SRI. S. RACHAIAH., HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1722/2018 PENDING ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE ARISING OUT OF CR.NO.150/2018 OF VIDYANAGARA POLICE STATION, DAVANAGERE FOR THE OFFENCE P/U/S 79, 80 OF KARNATAKA POLICE ACT INSOFAR AS THE PETITIONERS ARE CONCERNED.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.Jaya Prakash K.N., learned counsel appearing for petitioners and Sri.S.Rachaiah, learned HCGP appearing for respondent-State. Perused the records.
2. Petitioners are before this Court for quashing of proceedings pending in C.C.No.1722/2018 registered for the offences punishable under Section 79 and 80 of Karnataka Police Act, 1963, by Vidyanagar Police Station pending on the file of I Addl. Senior Civil Judge and JMFC, Davanagere.
3. The gist of prosecution case is: accused Nos.1 to 17 were having a party at the residence of accused No.16 on 12.10.2018 at about 6.45 p.m. and jurisdictional police having entered into the premises found that they were playing a game known and called as ‘Andar Bahar’, which is punishable under Sections 79 and 80 of Karnataka Police Act, 1963 and alleging it is a game of chance and apprehended the petitioners. After investigation charge sheet has been filed for aforesaid offence. Hence, for quashing of the said proceedings petitioners are before this Court.
4. It is the contention of Sri.K.N.Jaya Prakash, learned counsel appearing for petitioners that neither in FIR nor in the charge sheet jurisdictional police have narrated as to how petitioners had indulged in gambling and by relying upon judgments of this Court reported in (1997) 1 KLJ 274, (1971) 2 Mysore Law Journal 187, ILR 2012 Kar. 1443 and un reported judgment in Crl.P.No.8010/2013 disposed of on 03.06.2015, he prays for quashing of said proceedings.
5. Though Sri. Jaya Prakash, learned counsel appearing for petitioners would contend that there is non compliance of Section 155(2) of Cr.P.C viz., not obtaining prior permission, this Court is not inclined to accept the same and records made available by learned HCGP would clearly indicate that under due application of mind learned Magistrate has accorded permission to the jurisdictional police to register the case and investigate and as such said contention cannot be entertained.
6. However, contention raised by learned counsel appearing for petitioners that prosecution has failed to satisfy as to how the nature of game played by the petitioners was a game of chance. It is contended that and playing cards by itself would not amount to gambling as it would be a game of skill and not a game of chance. If the allegations are vague and on the basis of such vague allegations if prosecution is allowed to continue, it would not lead to conviction and therefore it would be waste of precious judicial time. As such continuation of proceedings against petitioners would not sub serve the ends of justice. Infact charge sheet material does not disclose as to how the game that was being played by petitioners was a game of chance and it was not a game being played with skill. When there is no specific allegations in that regard in the charge sheet, it cannot be presumed that “game that was being played was not game of skill but game of chance”.
7. Under similar circumstances, this Court in W.P.No.15619/2013 disposed of on 24.10.2013 had quashed the proceedings on identical grounds. Hence, petitioners are entitled to similar relief.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioners in C.C.No.1722/2018 registered for the offences punishable under Sections 79 and 80 of Karnataka Police Act, 1963, by Vidyanagar Police Station, on the file of I Addl. Senior Civil Judge and JMFC, Davanagere, is hereby quashed and petitioners are acquitted of aforesaid offences.
SD/-
JUDGE DR