Karnataka High Court
Guram Venugopal S/O Obayya vs The State Of Karnataka By Sho on 15 January, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:544
CRL.P No. 101555 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 101555 OF 2024 (482(Cr.PC)/528(BNSS))
BETWEEN:
GURAM VENUGOPAL S/O. OBAYYA
AGE. 49 YEARS, OCC. CABLE OPERATOR,
R/O. PRESENTLY AT VINAYAK NAGAR,
MUDDAPURA NO. 10, KAMPLI, HOSPET TQ.
BALLARI-583132.
...PETITIONER
(BY SMT. RESHMA MADIWALAR, ADVOCATE FOR
SRI. T.HANUMAREDDY, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY SHO
GANGAVATI TOWN PS,
BALLARI R/BY SPP,
HIGH COURT OF KARNATAKA,
DHARWAD-580011.
...RESPONDENT
(BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE)
Digitally signed by B
K
MAHENDRAKUMAR
Location: HIGH THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
COURT OF
KARNATAKA
DHARWAD BENCH
Date: 2025.01.16 SEEKING TO, QUASH THE ENTIRE CHARGE SHEET IN CC
09:49:45 +0530
NO.139/2021 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC
COURT, GANGAVATI, KOPPAL (CRIME NO.139/2020 OF GANGAVATI
TOWN PS) REGISTERED FOR THE OFFENCES PUNISHABLE U/S
78(1)(a)(vi) OF KARNATAKA POLICE ACT, IN SO FAR AS
PETITIONER/ACCUSED NO.2 IS CONCERNED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
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NC: 2025:KHC-D:544
CRL.P No. 101555 of 2024
ORAL ORDER
1. The Learned Additional Government Advocate accepts notice for the respondent/State.
2. The petitioner has been charge-sheeted for the offence punishable under Sections 78(1)(a)(vi) of the Karnataka Police Act, 1963 (KP Act), alleging that the petitioner/accused No.2, along with others, was involved in betting on cricket matches during IPL-2020.
3. A Co-ordinate Bench of this Court, in Crl.P.No.2929/2021, has ruled that if Section 2(7) of the KP Act is examined, its explanation clearly states that a game of chance does not include any athletic game or sport. Cricket is a sport, and therefore, even if betting occurs, it cannot be brought within the ambit of the definition of 'gaming' as found in the KP Act. Consequently, the charge sheet filed by the police against the petitioner for the offence punishable under Section 78 of the KP Act lacks authority. Hence, the continuation of criminal proceedings would amount to an abuse of the process of law.
4. Accordingly, the petition is allowed. The impugned proceedings in CC No.139/2021 (arising out of Gangavathi Town PS Crime No.139/2020) on the file of Prl. Civil Judge and JMFC, Gangavathi, insofar it relates to the petitioner/accused No.2, is hereby quashed.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh / List No.: 2 Sl No.: 1