Karnataka High Court
Sri Ningaiah vs The State Of Karnataka on 4 August, 2023
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NC: 2023:KHC:27360
CRL.P No. 6421 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL PETITION NO. 6421 OF 2020
BETWEEN:
1. SRI. NINGAIAH,
S/O. SHIVANNA,
AGED ABOUT 42 YEARS,
R/AT NO.1/A, 8TH CROSS,
SRINIVASANAGARA,
VIJAYANAGARA,
BENGALURU - 560 040.
2. MANUKUMAR,
S/O. RAMA BOREGOWDA,
AGED ABOUT 25 YEARS,
MULLALLI VILLAGE,
Digitally NEELAVAGALU POST,
signed by KOPPA HOBLI,
SUMA
Location: MADDUR TALUK,
HIGH COURT
OF MANDYA - 571 426.
KARNATAKA
3. MADHU,
S/O. SHEKAR,
AGED ABOUT 25 YEARS,
NAVEELURU VILLAGE,
GADANGURU POST,
CHAMARAJANAGARA TALUK,
CHAMARAJANAGARA DISTRICT - 571 313.
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CRL.P No. 6421 of 2020
4. CHETHAN,
S/O. SIDDALINGA,
AGED ABOUT 21 YEARS,
SOMANAHALLI DEVALAPURA (H),
NAGAMANGALA (TQ),
MANDYA DISTRICT - 571 432.
5. CHANDRASHEKAR,
S/O. RAJANNA,
NARAYANAPURA VILLAGE,
AGALAIAH POST,
SANTHEBACHAHALLI HOBLI,
K.R.PETE TALUK,
MANDYA - 571 426.
6. MANJUNATHA,
S/O. NAGARAJU,
AGED ABOUT 26 YEARS,
NO.35, CHANDRASHEKAR LAYOUT,
1ST CROSS, SUNKADAKATTE,
BENGALURU - 560 023.
7. KIRAN,
S/O. KUMAR,
AGED ABOUT 27 YEARS,
GIVINDANAHALLI KOPPALU,
KIKKERI HOBLI, K.R.PET TQ,
MANDYA - 571 426.
8. SOMA,
S/O. RAMESHA,
AGED ABOUT 25 YEARS,
SOMANAHALLI VILLAGE,
MANCHAGOWDANAHALLI (P),
DEVALPURA HOBLI, NAGAMANGALA TALUK,
MANDYA - 571 445.
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CRL.P No. 6421 of 2020
9. THEJASHWI,
S/O. MUDALAGIRI GOWDA,
AGED ABOUT 40 YEARS,
OWNER OF SHREE BALAJI
MEMBERS CLUB, NO.159, 2ND MAIN,
SHESHADRIPURAM,
BENGALURU - 560 020.
...PETITIONERS
(BY SRI. SHANTHI BHUSHAN H., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY SESHADRIPURAM POLICE STATION,
SESHADRIPURAM BENGALURU,
REPRESENTED BY SPP,
HIGH COURT,
BENGALURU - 560 001.
2. SANJEEVA GOWDA H.B.,
S/O. BASAVARAJAIAH,
AGED ABOUT 42 YEARS,
POLICE INSPECTOR,
REPRESENTED BY SPP,
HIGH COURT, BENGLAURU - 560 001.
...RESPONDENTS
(BY SRI. KRISHNA KUMAR K.K., HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE FIR AND COMPLAINT IN CR.NO.116/2019
REGISTERED BY THE SHESHADRIPURAM P.S., BANGALORE
DATED 12.11.2019 FOR THE OFFENCES P/U/S 78,79 OF
KARNATAKA POLICE ACT PENDING ON THE FILE OF THE
M.M.T.C-1, MAYO HALL, BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:27360
CRL.P No. 6421 of 2020
ORDER
The petitioners have challenged the criminal prosecution initiated by respondent No.1 in Crime.No.116/2019 for the offence punishable under Sections 78 and 79 of the Karnataka Police Act, 1963, pending trial before the Metropolitan Magistrate (Traffic Court-1), Bangalore City.
2. The petitioners were found to be playing a game of skill and Fantastic - 3 Dart Games at a club. Respondent No.2 raided the club and registered a case for the offence punishable under Sections 78 and 79 of the Karnataka Police Act. Being aggrieved by the same, the petitioners are before this Court.
3. Learned counsel for the petitioners submit that, playing a game of skill is not an offence punishable under Sections 78 and 79 of Karnataka Police Act 1963. He therefore, submits that the allegations lodged against petitioners do not constitute an offence under Section 78 and 79 of the Karnataka Police Act, 1963.
4. Per contra learned HCGP submits that after conducting investigation, jurisdictional police have filed a -5- NC: 2023:KHC:27360 CRL.P No. 6421 of 2020 charge sheet in CC.No.9536/2020 for the offence punishable under Sections 78 and 79 of Karnataka Police Act, 1963.
5. It is now well settled that playing a game of skill is not an offence under Sections 78 and 79 of Karnataka Police Act, 1963. The said petitioners have also claimed that they were playing dart games, which is also a game of skill.
6. In that view of the matter, the prosecution against the petitioners and consequent charge sheet filed in CC.No.9536/2020 pending trial before the Metropolitan Magistrate (Traffic Court-1), Bangalore City, for the offence punishable under Sections 78 and 79 of Karnataka Police Act, 1963 is liable to be quashed.
Hence, the petition is allowed and the impugned prosecution against the petitioners in Crime.No.116/2019 pending trial on the file of Metropolitan Magistrate (Traffic Court-1), Bangalore City in CC.No.9536/2020 is hereby quashed.
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