PRABHULING vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:10953
CRL.P No. 201275 of 2026
CNR: KAHC030101572026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 7 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201275 OF 2026
(482(Cr.PC)/528(BNSS)-)
BETWEEN:
1. PRABHULING
S/O RACHAYYA HIREMATH,
AGE : 35 YEARS, OCC : PRIVATE WORK,
R/O: SHAHABAZAR SUVARNA NAGAR,
KALABURAGI – 585 101.
2. RAHUL
S/O RAJESH SUTAR,
AGE : 26 YEARS, OCC : PRIVATE WORK,
R/O: SHAHABAZAR SUVARNA NAGAR,
KALABURAGI – 585 101.
3. NAGESH
S/O AMBADAS KHANAPURE,
AGE : 27 YEARS, OCC : PRIVATE WORK,
R/O: SHAHABAZAR SUVARNA NAGAR,
KALABURAGI – 585 101.
4. PRASAD
S/O DAYANAND TADKAL,
AGE : 27 YEARS, OCC : SDA,
R/O: SIDDRAMESHWAR NAGAR,
ALAND CHECK POST,
KALABURAGI – 585 101.
…PETITIONERS
(BY SRI YASHAS S. DIKSHIT, ADVOCATE)
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
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AND:
THE STATE OF KARNATAKA,
THROUGH THE PSI,
KALABURAGI CHOWK PS,
REP. BY HCGP,
HIGH COURT OF KARNATAKA
AT KALABURAGI 585107.
…RESPONDENT
(BY SRI MAQBOOL AHMED, HCGP)
THIS CRL.P IS FILED UNDER SECTION 528 OF BNSS
(NEW), U/S.482 OF CR.P.C.(OLD), PRAYING TO, ALLOW THIS
PETITION BY QUASHING PROCEEDINGS IN C.C NO.3946/2026
PENDING ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC,
ST
KALABURAGI IN CRIME NO.137/2026 REGISTERED BY 1
RESPONDENT KALABURAGI P.S OFFENCES U/SEC 87 OF KP
ACT AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard the learned counsel for the petitioners and
learned HCGP for the respondent on the petition.
Perused the relevant materials on record.
2. This petition is filed by the petitioners/
accused No.1 to 4 under Section 528 of Bharatiya
Nagarik Suraksha Sanhita (for short ‘BNSS’) praying for
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NC: 2026:KHC-K:10953
CRL.P No. 201275 of 2026
CNR: KAHC030101572026
an order to quash the proceedings in CC No. 3946/2026
pending on the file of learned III Additional Civil Judge
and JMFC, Kalaburagi arising out of Crime
No.137/2026 of the respondent Police for the offence
punishable under Section 87 of Karnataka Police Act,
1963 (for short ‘KP Act’).
3. The learned HCGP appearing for the
respondent has orally objected to the petition
submitting that there is prima facie case against the
petitioners for the alleged offence. No ground is made
out by the petitioners for quashing the proceedings
against them. Therefore, the HCGP has sought for
dismissal of this petition.
4. The case alleged against the petitioners and
other accused persons is that on 04.07.2026 at about
05.45 p.m., the de facto complainant, who is PSI of
respondent Police station, received credible information
that some persons were playing game of cards named
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CRL.P No. 201275 of 2026
CNR: KAHC030101572026
“Andar Bahar” by betting money using playing cards.
Hence, the complainant along with his staff and
panchas went to the spot i.e., Jod Hanuman Temple
situated in Shah Bazaar, Survarna Nagar, Kalaburagi at
about 05.45 p.m., and they caught hold of the
petitioners playing the said game and seized total
amount of Rs.16,270/- and 52 cars from the petitioners.
After their arrest, they were produced before the
jurisdictional Magistrate and submitted requisition at
about 09.45 p.m. along with producing seizure
panchanama and articles before the learned Magistrate,
wherein the concerned Magistrate ordered for
registration of case and investigating the matter. Hence,
the petitioners are alleged to have committed the said
offences.
5. The submission of learned counsel for the
petitioners is that the petitioners have not committed
any offence and they are falsely implicated in the case.
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They were not at the spot at the time of alleged raid. Per
contra, as submitted by learned HCGP, there is prima
facie case against the petitioners. After registration of
the case, the Investigating Officer took up the
investigation and after completion of investigation, he
filed charge sheet against the petitioners. Hence, the
contention of the petitioners that they are innocent of
the alleged offence and they have not committed any of
such offence does not merit consideration at this stage.
6. However, the learned counsel for the
petitioners has drawn the attention of this Court to the
FIR and certified copy of the order of the learned
Magistrate granting permission to the respondent police
to conduct investigation in the case. As submitted by
the learned counsel for the petitioners, as per the FIR,
the case alleged is that the incident occurred on
04.07.2026 between 06.00 p.m. to 07.00 p.m. But the
order dated 04.07.2026 of the learned Magistrate would
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show that the requisition submitted to the learned
Magistrate for according permission would show that it
was submitted on 09.45 p.m. i.e., after raiding the spot,
seizure of articles and arrest of the accused persons.
7. However, the FIR would show that the case is
registered at 10.00 p.m., i.e., after the permission was
accorded by the learned Magistrate. But, now the main
contention of petitioners is that whether the permission
was obtained by the Investigating Officer as provided
under Section 174(2) of BNS or not. On the other hand,
the main contention of petitioners is that the playing of
game ‘Andar Bahar’ is not an offence under the
provisions of KP Act. Therefore, the continuation of the
proceedings against the petitioners is an abuse of
process of law.
8. In support of his contention, the learned
counsel for the petitioners has drawn attention of this
Court to the order of the coordinate Bench of this Court
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as per the order dated 06.04.2026 in Crl.P.
No.3688/2026 in the case of Nitin Raj & Others vs. The
State of Karnataka & Another . The learned counsel for
the petitioners has also drawn the attention of this
Court to the case reported in 1977 SCC OnLine Kar 57 -
E. Eranna and Others versus The State of Karnataka ,
in which it is held that playing ‘Andar Bahar’ does not
amount to playing game of chance, hence, essential
ingredients of the offence are not made out or not, is the
burden on the prosecution to establish the same.
9. Moreover, the learned counsel for the
petitioners has drawn attention to the order dated
14.02.2022 of the Division Bench of this Court in WP
No.18703/2021 and connected matters , wherein the
provisions of Sections 2, 3, 6, 8 and 9 of KP Act are
declared to be ultra vires the Constitution of India in
their entirety. As submitted by the learned counsel for
the petitioners, the said order stand not challenged.
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CRL.P No. 201275 of 2026
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10. In view of the principle of law laid by this
Court in the earlier decision, it would be clear that the
alleged play of ‘Andar Bahar’ is not an offence under any
of the provisions of KP Act. Hence, the proceedings of
the case initiated against the petitioners is abuse of
process of law and also of Court and such abuse shall
be prevented under inherent power vested on this Court
as per Section 528 of BNSS. Therefore, the petitioners
have made out sufficient ground to allow the petition
and thereby to quash the proceedings of the concerned
case against them/ accused No.1 to 4. Consequently,
this petition deserves to be allowed.
11. In the result, I pass the following:
ORDER
i) This Criminal petition is allowed.
ii) Consequently, the entire proceedings in
the case in CC No.3946/2026 pending on
the file of learned III Additional Civil
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CRL.P No. 201275 of 2026
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Judge and JMFC, Kalaburagi in Crime
No.137/2026 of the respondent Police for
the offence punishable under Section 87
of KP Act is hereby quashed against the
petitioners/ accused No.1 to 4.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
MBB
List No.: 1 Sl No.: 44