Karnataka High Court
Sri. Sameer. C vs The State Of Karnataka on 12 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:6255
CRL.P No. 1286 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 1286 OF 2025
BETWEEN:
1. SRI. SAMEER. C.
S/O IMAM SAB C,
AGED ABOUT 31 YEARS,
R/A NO.47, WARD NO.3,
JALI NAGAR, OLD HAGARIBOMMANAHALLI,
BELLARI DISTRICT,
BELLARI, KARNATAKA - 583 212.
2. SRI H NURMAHAMAD,
S/O LATE SHARIF SAHEB,
AGED ABOUT 40 YEARS,
R/AT NO. 163, RAILWAY GATE NEAR,
HAGARIBOMMANAHALLI,
BELLARY DISTRICT,
KARNATAKA- 583212.
...PETITIONERS
(BY SRI. CHANDPASHA, ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA
VANAMALA N BY UPPARPET PS, REP. BY SPP,
HIGH COURT OF KARNATAKA,
Location: HIGH
BANGALORE -560 001.
COURT OF
KARNATAKA
2. SRI. PRABHUSWAMY V.B,
AGED ABOUT 36 YEARS,
POLICE SUB-INSPECTOR
UPPARPET POLICE STATION
BANGALORE-560 009.
...RESPONDENTS
(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 & R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE CHARGESHEET IN CC.
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NC: 2025:KHC:6255
CRL.P No. 1286 of 2025
NO.3529/2023 ARISING OUT OF CR.NO.121/2023 REGISTERED BY
RESPONDENT NO.1 UPPARPET POLICE FOR THE ALLEGED OFFENCE
PUNISHABLE UNDER SECTION 78(1)(a)(vi) OF KARNATAKA POLICE
(AMENDMENT) ACT, 2021, PENDING ON THE FILE OF METOROPOLITAN
MAGISTRATE TRAFFIC COURT V, BANGALORE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioners seek the following relief:
"Quash the Chargesheet in C.C.No.3529/2023 arising out of Cr.No.121/2023 registered by respondent No.1 Upparpet Police for the alleged offence punishable under section 78(1)(a)(vi) of Karnataka Police (Amendment) Act, 2021, pending on the file of JMFC Traffic Court-V, Bangalore in the interest of justice and equity".
2. A perusal of the material on record would indicate that pursuant to complaint dated 27.05.2023 lodged by respondent No.2, FIR in Crime No.121/2023 was registered against the petitioners for the offence punishable under Section 78[1][a][vi] of the Karnataka Police [Amendment] Act, 2021 which was subsequently struck down by the Division Bench of this Court in the case of 'ALL INDIA GAMING FEDERATION, REPRESENTED BY ITS GENERAL SECRETARY AND AUTHORISED SIGNATORY -3- NC: 2025:KHC:6255 CRL.P No. 1286 of 2025 SUNIL KRISHNAMURTHY V. STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY AND ANOTHER - 2022 SCC Online Kar 435. In pursuance of the aforesaid complaint, the respondent - Police filed the charge sheet on 29.08.2023 and the learned Magistrate took cognizance of the offence against the petitioner which is impugned in the present petition.
3. Heard the learned counsel for the petitioners and the learned Additional SPP for the respondent and perused the material on record.
4. The learned counsel for the petitioners invited my attention to the division Bench Judgment of this Court in ALL INDIA GAMING FEDERATION supra in which the Hon'ble Division Bench has declared that Section 78[1][a][vi] which came into force vide Karnataka Police [Amendment] Act, 2021 was ultra vires and consequently quashed such amendment. In addition thereto, under identical circumstances in relation to betting on the game of cricket, this Court has quashed the proceedings in the case of 'SRI ABRAR KAZI v. STATE OF KARNATAKA AND ANOTHER' in Criminal Petition No.2929/2020 and connected matters disposed of -4- NC: 2025:KHC:6255 CRL.P No. 1286 of 2025 on 10.01.2022. The aforesaid Judgment has been followed by Co- ordinate Bench of this Court in the following cases:
[a] 'RUDRESH KUMAR v. STATE BY VIJAYNAGAR POLICE STATION AND ANOTHER' in Criminal Petition No.5945/2023 disposed of on 23.08.2023 [b] 'MOHAMMAD HAADI v. STATE OF KARNATAKA' in Criminal Petition No.9956/2024 disposed of on 04.11.2024 [c] 'A VEERESH AND OTHERS v. THE STATE OF KARNATAKA AND ANOTHER' in Criminal Petition No.7933/2024 disposed of on 27.08.2024 [d] 'HEMANTHA P v. STATE OF KARNATAKA AND ANOTHER' in Criminal Petition No.4014/2024 disposed of on 13.06.2024
5. In view of the aforesaid facts and circumstances and the issue in controversy involved in the present petition being directly and squarely covered by the aforesaid Judgments, I am of the considered opinion that the impugned proceedings qua the petitioners deserve to be quashed. In the result, the following: -5-
NC: 2025:KHC:6255 CRL.P No. 1286 of 2025 ORDER [a] Petition is allowed.
[b] The impugned proceedings in CC No.3529/2023 arising out of Crime No.121/2023 of Upparpet Police Station, Bengaluru on the file of the JMFC, Traffic Court-V, Bengaluru stands quashed. [c] Liberty is reserved in favour of the petitioners to file an application under Sections 451 and 457 of Cr.PC for release of the amount seized from the petitioners. If such application is made, the trial Court shall consider the same and pass appropriate orders in accordance with law bearing in mind the observations made in the present order.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE AN/-List No.: 1 Sl No.: 45