‘Andar Bahar’ as a game of skill does not attract prosecution under the Karnataka Police Act.

Police alleged that, on 5 June 2026, they found the petitioner and seven others playing “Andar Bahar” near a temple in Gabbur village, and seized playing cards and ₹8,600

After obtaining the Magistrate’s permission under Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police filed a charge sheet alleging an offence under Section 87 of the Karnataka Police Act, 1963

The petitioner, arrayed as accused No. 7, sought to quash the proceedings in C.C. No. 375/2026, contending that “Andar Bahar” is a game of skill and does not attract the Act

1. Whether the proceedings against the petitioner for an alleged offence under Section 87 of the Karnataka Police Act could be quashed where the alleged activity was playing “Andar Bahar”

2. Whether the charge-sheeted material disclosed a basis to continue the prosecution against the petitioner

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the High Court to quash proceedings where their continuation would amount to an abuse of process

The prosecution was brought under Section 87 of the Karnataka Police Act, 1963

The Court relied on *Chickrangappa & Others v. State of Mysore*, 1971 (2) Mys. L.J. 187; *Eranna v. State of Karnataka*, 1977 (1) K.L.J. 264; and *K.N. Suresh v. State of Karnataka & Another*, ILR 2012 KAR 1443, as well as a coordinate Bench order in Criminal Petition No. 100877/2024. Those authorities treated “Andar Bahar” as a game of skill rather than a game of chance and held that Sections 79 and 80 of the Karnataka Police Act were not attracted

Although the State argued that the police had obtained the Magistrate’s permission and that a charge sheet had been filed, the Court considered the petitioner’s substantive contention that playing “Andar Bahar” did not constitute the alleged offence

Applying the cited coordinate-Bench decisions, which characterized the game as one of skill and found Sections 79 and 80 inapplicable, the Court concluded that no material supported the alleged offence against the petitioner and that continuing the proceedings would be an abuse of process

The Court allowed the petition and quashed the proceedings in C.C. No. 375/2026, arising from Crime No. 82/2026, for the alleged offence under Section 87 of the Karnataka Police Act, insofar as the petitioner/accused No. 7 was concerned