Karnataka High Court
Shashi Kumar vs The State Of Karnataka on 22 June, 2018
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE 2018
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.2124 OF 2018
BETWEEN
1. Shashi Kumar
S/o Veerabadrappa.K
Aged about 44 years,
R/o Udri Vaddigeri,
Soraba Taluk,
Shivamogga District-577433.
2. Nagaraj S/o Kannappa,
Aged about 42 years,
Occ: Agriculture,
Secretary Janatha Sports and
Recreation Association, Sorab,
R/o Raghavendra Badavane,
Kanakeri, Sorab,
Shivamogga District-577429.
3. Suresh B.Patil
S/o Basavanna Gowda,
Aged about 49 years,
Occ: Business,
R/o Namadevagalli, Sorab,
Shivamogga District-577429.
4. Nagaraj S/o Hanumanthappa,
Occ: Coolie work,
Aged about 48 years,
R/o Hosapete Haklu,
Rajeev Nagara,
Halesoraba, Sorab Town,
Shivamogga District-577429.
2
5. Sudir S/o Shivananda Rao,
Occ: Agriculture,
Aged about 56 years,
R/o Chikkapete,
Sorab, Shivamogga-577429.
6. Veerabhadrappa S/o Basavannyappa
Occ: Agriculture, aged about 48 years,
R/o No.3, Halagalale village,
Soraba Taluk,
Shivamogga District-577429.
7. Laxmana S/o Ganapathi,
Occ: Coolie Work,
Aged about 30 years,
R/o Padavagodu,
Sagar Taluka,
Shivamogga District-577429.
8. B.Narayana Murthy
S/o B.Sheshagiriyappa,
Occ: Agriculture
Aged about 60 years,
R/o Sannamane,
Brahmanavadadderi post,
Sorabe taluka,
Shivamogga District-577434.
9. Parashuramappa.K
S/o Kariyappa H,
Occ: Agriculture,
Aged about 42 years,
R/o No.22, Kolisaalu village,
Malaligadde, Sorab Taluka
Shivamogga District-577434.
10. H.Manjunatha S/o Huchchappa,
Occ: Retired teacher,
Aged about 66 years,
R/o No.10, Tavanandi village,
Soraba Taluka
Shivamogga District-577429.
3
11. Jayadeva S/o Rudraiah
Occ: Canteen Work,
Aged about 55 years,
R/o Maroor road,
Kanakeri, Soraba,
Shivamogga District-577429.
12. Nagaraj S/o Manjunatha,
Occ: Coolie work,
Aged about 32 years,
R/o No.127,
Padavagod village,
Sagar Taluka,
Shivamogga District-577401.
13. Keshava S/o Seena Poojari
Occ: Agriculture,
Aged about 42 years,
R/o No.191-1,
Beluru Village,
Sagar Taluka,
Shivamogga District-577401.
14. Muneer S/o Hussain Sab,
Occ: Tiles work,
aged about 60 years,
R/o Rajeev Nagara,
Hosapete Hakkalu,
Halesoraba, Sorab Town
Shivamogga District-577429.
15. Balindra S/o Bangarappa
Occ: Agriculture,
Aged aobut 65 years,
R/o Malekoppa,
Kuppagadde post, Sorab taluka,
Shivamogga District-577429.
16. Chandrashekara S/o Boja Shetty,
Occ: Coolie Work,
Aged about 42 years,
R/o Padavagodi, Sagar taluka,
4
Shivamogga District-577401.
17. Puttappa S/o Galiyappa,
Occ: Agriculture,
Aged about 52 years,
R/o Mulekoppe,
Kuppagadde post,
Sorab tlauka,
Shivamogga District-577429.
18. Ravi S/o K.Surendra,
Occ: Meson,
Aged about 50 years,
R/o B.K.Road,
Gandhinagara,
Sagar Town,
Shivamogga District-577401.
19. Basavaraj S/o Bangarappa,
Occ: Driver, aged about 40 years,
R/o K.E.B. Colony,
Soraba Town,
Shivamogga District-577429.
20. Prabhakar S/o Rama Shet,
Occ: Agriculturist,
Aged bout 58 years,
R/o Gandhi Circle,
Chandragutti, Soraba Taluka
Shivamogga District-577429.
21. Sathyanarayana @ Sathish,
S/o Ganeshappa,
Occ: Agriculture,
Aged about 48 years,
R/o Matter Bidi,
Shikaripura,
Permanent r/o Gama,
Shivamogga District-577214.
22. Bangarappa S/o Kariyappa,
Occ: Agriculture,
5
Aged about 62 years,
R/o Malekoppa,
Kuppaggade post,
Soraba Taluka,
Shivamogga District-577429.
23. Shekar Shetty S/o Krishna shetty,
Occ: Coolie work,
Aged about 41 years,
R/o Padavagodu village,
Sagar Taluka,
Shivamogga District-577401.
24. Ieranna Gowda,
S/o Rajashekar Gowda,
Occ: Agriculture,
Aged about 52 years,
R/o Kasaraguppe,
Hosabale post,
Soraba taluka,
Shivamogga District-577401.
25. S.Somappa, S/o Kariyappa,
Occ: Agriculture,
Aged about 65 years,
R/o Kadasuru, Heche Village,
Sorab taluka,
Shivamogga District-577429.
26. Chandru S/o Ramappa,
Occ: Working in tea Canteen,
Aged about 40 years,
R/o Market Road,
Soraba town,
Shivamogga District-577429.
27. Shrikanth S/o Devappa,
Occ: Agriculture,
Aged about 52 years,
R/o Amachi Village,
Padavagodu,
Sagara taluka,
6
Shivamogga District-577401.
28. Guddappa S/o Guthyappa,
Occ: Sheep merchant,
Aged about 45 years,
R/o Sunagara Beedi,
Udugani village,
Shikaripura taluka,
Shivamogga District-577427.
29. Rajappa S/o Hanumanthappa,
Owner of Geetha Condiment stores,
Aged about 48 years,
R/o Car Street, Togarsi village,
Shikaripura taluka,
Shivamogga District-577427.
30. Shabu Ulla @ Shamee Ulla,
S/o Taj ulla,
Occ: Fruit merchant,
Aged about 54 years,
R/o 166, Khaji keri,
Shikaripura town,
Shivamogga District-577427.
31. Sathish Bhandary
S/o Gananpathi Bhandary
Occ: Agriculturist and owner of
Prakash Hair dresses,
Aged about 44 years,
R/o Sagar Road, Sorab,
Shivmogga District-577429.
32. Kenchappa S/o Bharamappa,
Occ: Agriculturist,
Aged about 54 years,
R/o Renuka Nilaya,
5th cross, Bapujinagar,
Shivamogga-577201.
33. Chandrappa, S/o Basavannappa,
Occ:Agriculturist,
7
Aged about 67 years,
R/o No.23,
Hosabale Road,
Rajeev Nagar,
Halesorab, Sorab,
Shivamogga District-577429.
34. Shahabad S/o Nazeer Sab,
Occ: Meson,
Aged about 42 years,
R/o Ulavi,
Patresaalu,
Soraba Taluka,
Shivamogga District-577429.
35. Khalandar S/o Muneer Sab,
Occ: Agriculturist,
Aged about 40 years,
R/o Gagri,
Shikaripura,
Shivamogga District-577427.
36. Ravishankar Jothdy S/o Shivananda,
Occ: Agriculturist,
Aged about 56 years,
R/o PWD Colony,
Soraba town,
Shivamogga District-577429.
37. Santhosh K.S. S/o Shivananda,
Occ: Agriculturist,
Aged about 35 years,
R/o Doddakeri,
Shikaripura town,
Shivamogga district-577427,
38. Ravindranath S/o H.S.Ramesh
Occ: Agriculturist,
Aged about 56 years,
R/o Horabylu,
B.Dodderi, Ulavi,
Shivamogga District-577434.
8
39. Gangadar M.R. S/o Revansiddaiah,
Occ: Agriculture,
Aged about 55 years,
R/o H.K.Road,
Shiralakoppa,
Shikaripura taluka
Shivamogga District-577427.
40. Annappa S/o Shankarappa,
Occ: Auto Driver,
Aged about 32 years,
R/o 3rd Cross, Vinayaka Nagara,
Shikaripura,
Shivamogga District-577427. ...Petitioners
(By Sri.R.B.Deshapande, Advocate)
AND
1. The State of Karnataka
By Shivamogga DCB Special
Police station, Shivamogga-577201.
(Represented by State Public Prosecutor,
High Court Buildings, Bengaluru-560001) ...Respondent
(By Sri.Chethan Desai, HCGP)
This Criminal Petition filed under Section 482 of Cr.P.C.
praying to quash the entire Criminal proceedings against the
petitioners in criminal case No.234/2017, pending on the file of the
Civil Judge and JMFC, Soraba, Shivamogga District (Crime
No.78/2017) of Shivamogga DCB Special Police Station,
Shivamogga, charge sheeted for the offence P/U/S 79, 80 of
Karnataka Police Act.
This Criminal Petition coming on for Admission this day, the
Court made the following:
9
ORDER
The learned High Court Government Pleader takes notice for respondent.
2. The petitioners are arrayed as accused persons 1 to 40 in Crime No.78/2017, which later culminated in Criminal Case in C.C.No.234/17 pending on the file of Civil Judge and JMFC, Soraba, Shivamogga district for the offences punishable under Sections 79 and 80 of Karnataka Police Act, 1963.
3. The brief factual matrix that emanate from the chagesheet papers are that, on 03.05.2017 night at about 8:45 p.m., the police have received credible information that, some people are playing a game called Andar-Bahar by using playing cards in Janatha Sports and Recreation Association at Shiralakoppa Road, Soraba Town, Shimoga district. Immediately, the police have raided the said place along with panch witnesses and they found that accused Nos.1 to 40 were playing cards and playing a game of Andar-Bahar betting with money.
4. The police have arrested some persons and seized the playing cards, cash, mobile phones and vehicles which were put as 10 stake and arrayed them as accused in Crime No. 78/2017 and after investigation, they have submitted the chargesheet. The police have taken permission from the Magistrate to investigate the matter, which is non-cognizable in nature. However, the Magistrate without careful perusal of the First Information Report submitted by the police, has simply passed an order in one word i.e., "Permitted". The Magistrate appears to had not looked into the allegations made in the complaint or ascertained whether it is a fit case to give such permission for investigation. Be that as it may. On entire analysis of the chargesheet, nowhere it is stated that Andar-Bahar game is being played by the petitioners and the same is a pure game of chance and no skill is required to play such game. Even the Mahazar, chargesheet and the statement of witnesses, never stated the manner and in what style the said game Andar-Bahar was being played by the accused persons.
5. In this context, this Court in good old decision reported in 1977 ILR page 793 between E. Eranna and others Vs. State of Karnataka, this Court has held as under;"
" The petitioner were found playing game of cards known as "Andar Bahar" in an institution meant for free reading room and club. They were prosecuted for the 11 offences under Sections 79 and 80 of the Karnataka Police Act. The Magistrate convicted them and awarded various sentence. On Appeal, the Sessions Judge confirmed the same The petitioners filed the revision petition challenging the same.
Held-
It could not be established that the petitioners were playing a game of chance and one does not know how the game "Andar Bahar" is actually playing with the assistance of cards. Even if any betting was resorted to and even if any pledge of movables was made in support of that betting, that by itself did not convert a game of skill into a game of change At any rate it was not categorically proved that "Andar Bahar" is a game of chance and that these accused were playing that game. Since the institution where the accused were found playing game of cards is a club, and it may even be that some bettering 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 Act."
6. I have also noticed that no where in the entire chargesheet it is stated that it is a game of chance and no skill is required for the purpose of playing that game. Under the above 12 circumstances, in my opinion, the permission granted by the Magistrate is also not proper and in accordance with law and no ingredients of Section 79 and 80 of Karnataka Police Act, 1963 are attracted on careful perusal of the entire chargesheet. Hence, the said chargesheet deserves to be quashed.
Hence, the following:
ORDER
i) The criminal petition is allowed.
ii) Consequently, the case in C.C.No.234/2017 on the file of the Civil Judge and JMFC, Soraba, Shivamogga District for the offences punishable under Sections 79 and 80 of Karnataka Police Act, 1963 so far as the petitioners are concerned, is hereby quashed.
Sd/-
JUDGE SB