DATTUSA S/O RAMACHANDRASA SOLUNKE vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18361
CRL.P No. 104540 of 2025
CNR: KAHC020228602025
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 104540 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
DATTUSA S/O. RAMACHANDRASA SOLUNKE,
AGE. 47 YEARS,
OCC. LABOURER,
R/AT. JANATA COLONY, ARVIND NAGAR,
OLD HUBBALLI, HUBBALLI,
DIST. DHARWAD-580024.
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
…PETITIONER
(BY SRI. GOURISHANKAR S.MOT, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
OLD HUBBALLI POLICE STATION,
HUBBALLI,
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HC-KAR
NC: 2026:KHC-D:18361
CRL.P No. 104540 of 2025
CNR: KAHC020228602025
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
AT. DHARWAD-580011.
…RESPONDENT
(BY SRI. PRAVEEN Y.DEVAREDDI, HCGP)
----
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) PRAYING
TO, QUASH THE ENTIRE PROCEEDINGS AGAINST THE
ACCUSED NO.2/PETITIONER IN OLD HUBBALLI POLICE
STATION CRIME NO.63/2025 PENDING ON THE FILE IN C.C.
TH
NO.7987/2025 ON THE FILE OF 4 ADDL. CIVIL JUDGE AND
JMFC, COURT, AT: HUBBALLI FOR THE OFFENCE PUNISHABLE
UNDER SECTION 78(3) OF K.P. ACT, IN THE INTEREST OF
JUSTICE.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-D:18361
CRL.P No. 104540 of 2025
CNR: KAHC020228602025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. The petitioner is arrayed as accused No.2
before this Court seeking to quash entire proceedings in
C.C.No.7987/2025, arising out of Crime No.63/2025 of
respondent-Police, pending on the file of the learned IV
Addl. Civil Judge and JMFC Court, Hubballi for the offence
under Sections 78(3) of Karnataka Police Act (for short,
‘K.P. Act).
Brief facts of the case:
2. The case of the prosecution is that, the
complainant, being a Police Sub-Inspector, lodged a
complaint stating that he had received an information from
a reliable source that on 29.03.2025 around 7:30 p.m.,
Accused No. 1 was running a betting game standing on a
public road near Kalabhavan. Upon receiving the said
information, he and his staff proceeded to the spot and
found that Accused No. 1, with the intention of gaming or
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HC-KAR
NC: 2026:KHC-D:18361
CRL.P No. 104540 of 2025
CNR: KAHC020228602025
betting, was urging the public and offered them to notify
for gambling on promising them that he would give
Rs.1,000/- to the customers if they invest Rs.1,000/- and
play the game of betting i.e., a 1:1 payout ratio.
3. Furthermore, he was notifying the names of the
persons indulging in the said betting on a white paper.
Upon observing these activities, the complainant and his
team apprehended him and registered a case against him.
During the inquiry, Accused No. 1 has implicated the
present petitioner. The respondent-police after registering
the case, conducted investigation and submitted the
charge sheet.
4. Heard Sri. Gourishankar S Mot, learned counsel
for the petitioner and Sri. Praveen Y. Devareddi, learned
High Court Government Pleader for respondent No.1-
State.
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NC: 2026:KHC-D:18361
CRL.P No. 104540 of 2025
CNR: KAHC020228602025
5. It is the submission of the learned counsel for
the petitioner that, the petitioner is innocent of the alleged
offences and he has been implicated in the case on the
strength of the statement of the co-accused. He was not
at all present in the scene of occurrence. However, the
charge sheet has been filed without his knowledge. Even
on reading the averments of the entire charge sheet,
except making a statement against the petitioner by
accused No. 1, the investigating officer has not collected
any materials to indicate that he was playing a game of
betting. Therefore, the petition may be allowed and the
entire proceedings against the petitioner may be quashed.
Making such submissions, the learned counsel for the
petitioner prays to allow the petition.
6. Per contra, learned High Court Government
Pleader for respondent -State vehemently submitted that
betting is rampant in Hubli and other areas. Whenever T20
cricket matches commence, bookies come forward to
induce the public to engage in betting games. To regulate
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CRL.P No. 104540 of 2025
CNR: KAHC020228602025
such activities, the police were vigilant and to strive to
curb them. The complainant, being a police officer had
received information regarding a betting game being
conducted by Accused No. 1. Upon apprehending him,
Accused No. 1 disclosed the name of Accused No. 2, who
is the petitioner herein. The investigating team looked into
his involvement and subsequently, submitted the charge
sheet. There are prima-facie materials available against
the petitioner. Under such circumstances, it is not
appropriate to quash the proceedings. Making such
submissions, learned HCGP prays to reject the petition.
7. Having heard learned counsel for the respective
parties and on perusal of the averments in the charge
sheet, it is clear that Accused No. 1 allegedly played a
betting game on a public road by instigating members of
the public to participate. According to the complainant, he
was recording the names of the persons who were
intending to participate in the game; however, none of
those persons were cited as witnesses to the said incident.
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CRL.P No. 104540 of 2025
CNR: KAHC020228602025
Moreover, the present petitioner was not present at the
scene of the occurrence. It appears that, he has been
implicated in this case solely on the basis of the statement
of the co-accused statement. Moreover, nothing has been
recovered from the petitioner. Such being the fact,
compelling him to face trial would certainly amount to an
abuse of the process of law. Hence, in order to secure the
ends of justice, it is appropriate to quash the proceedings.
8. In the light of the observations made above, I
proceed to pass the following:
ORDER
allowed.
(i) The petition is
(ii) Entire proceedings in C.C.No.7987/2025
arising out of Crime No.63/2025 of
respondent-Police, pending on the file
of the learned IV Addl. Civil Judge and
JMFC Court, Hubballi, for the offence
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HC-KAR
NC: 2026:KHC-D:18361
CRL.P No. 104540 of 2025
CNR: KAHC020228602025
under Section 78(3) of K.P. Act is
hereby quashed.
Sd/-
(S.RACHAIAH)
JUDGE
JS/-
CT: UMD
List No.: 19 Sl No.: 5