Andar Bahar is a game of skill, not chance, and does not attract Sections 79–80 of the KP Act.

On 1 July 2026, police received information that persons were playing Andar Bahar for stakes in a flat in Kalaburagi. During a raid, police allegedly found the petitioners and others playing with cards and seized 52 playing cards and ₹1,75,000. A case was registered under Sections 79 and 80 of the Karnataka Police Act, 1963 (KP Act).

The petitioners sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), arguing that Andar Bahar is a game of skill and that the police had not followed the procedure under Section 174 BNSS. The State opposed the petition, contending that the allegations disclosed a prima facie case and investigation was incomplete.

1. Whether the alleged playing of Andar Bahar for stakes disclosed offences under Sections 79 and 80 of the KP Act

2. Whether the alleged non-compliance with Section 174 BNSS warranted quashing the proceedings

3. Whether the proceedings against the petitioners should be quashed under Section 528 BNSS

Section 528 BNSS empowers the High Court to quash proceedings to prevent abuse of the process of court or otherwise secure the ends of justice.

Section 174 BNSS was relevant to the procedure for the police raid and investigation; the Court noted that the Magistrate had permitted investigation under that provision.

The Court applied Sections 79 and 80 of the KP Act, holding, consistently with prior decisions of the Karnataka High Court, that playing Andar Bahar is a game of skill rather than a game of chance and therefore does not attract those provisions.

The Court referred to Chickrangappa v. State of Mysore, 1971 (2) Mys. L.J. 187, Eranna v. State of Karnataka, 1977 (1) K.L.J. 264, and coordinate Bench orders in Crl.P. No. 100877/2024, Crl.P. No. 101766/2026, and Crl.P. No. 200655/2026.

The Court rejected the procedural objection because the record showed that, on 2 July 2026, the Magistrate had allowed the police application under Section 174 BNSS and permitted investigation.

On the substantive issue, it followed the cited coordinate Bench decisions and treated Andar Bahar as a game of skill, not chance. It therefore concluded that the allegations did not disclose offences under Sections 79 and 80 of the KP Act and that continuing the proceedings against the petitioners would amount to an abuse of process.