Karnataka HC Quashes Betting Proceedings Against Man Named Only By Co-Accused, With Nothing Recovered From Him

Police alleged that Accused No. 1 was conducting a betting game on a public road and recording the names of persons interested in participating.

During the investigation, Accused No. 1 implicated the petitioner, who was arrayed as Accused No. 2.

The police filed a charge sheet for an offence under Section 78(3) of the Karnataka Police Act, and the petitioner sought to quash the proceedings pending before the IV Additional Civil Judge and JMFC, Hubballi.

The petition invoked the High Court’s inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023), to seek quashing of proceedings.

The alleged offence was under Section 78(3) of the Karnataka Police Act.

The Court applied the principle that proceedings may be quashed where the material against an accused is insufficient and compelling the accused to face trial would constitute an abuse of the process of law or undermine the ends of justice.

The Court found that the petitioner was not present at the scene, no betting-related material had been recovered from him, and the persons allegedly approached by Accused No. 1 were not cited as witnesses.

The petitioner’s implication rested solely on the statement of the co-accused.

In those circumstances, the Court concluded that the charge-sheet material did not justify requiring the petitioner to face trial and that continuation of the proceedings would be an abuse of process.

The Court allowed the petition, and quashed the entire proceedings in C.C. No. 7987/2025, arising from Crime No. 63/2025, pending before the IV Additional Civil Judge and JMFC, Hubballi, for the alleged offence under Section 78(3) of the Karnataka Police Act.