Karnataka HC Quashes Case Against 4 Accused Over Alleged Andar Bahar Betting, Says Game Is Not An Offence Under KP Act

In brief

The question

1. Whether the alleged playing of Andar Bahar for stakes constituted an offence under the KP Act, so as to sustain the proceedings under Section 87.

The court held

The High Court held that the alleged play of Andar Bahar was not an offence under the KP Act and that the proceedings should not continue.

It also directed

It allowed the petition and quashed the proceedings in C.C. No. 3946/2026, arising from Crime No. 137/2026, against petitioners/accused Nos. 1–4.

01Facts

The petitioners, accused Nos. 1–4, were alleged to have played “Andar Bahar” for stakes at Jod Hanuman Temple in Kalaburagi.

pp. 3–5

Police stated that they seized ₹16,270 and 52 playing cards and arrested the petitioners; a case was registered under Section 87 of the Karnataka Police Act, 1963 (“KP Act”), and a charge sheet was filed, resulting in C.C. No. 3946/2026 before the III Additional Civil Judge and JMFC, Kalaburagi.

pp. 3–5

The petitioners sought to quash the proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), arguing, among other things, that playing Andar Bahar was not an offence under the KP Act.

pp. 2, 6–7

02Issues

i.1. Whether the alleged playing of Andar Bahar for stakes constituted an offence under the KP Act, so as to sustain the proceedings under Section 87.

pp. 6–10

ii.2. Whether continuation of the criminal proceedings warranted quashing under the High Court’s inherent powers under Section 528 BNSS.

pp. 7–10

03Law Applied

Section 528 BNSS preserves the High Court’s inherent power to prevent abuse of the process of a court and to secure the ends of justice.

p. 8

In E. Eranna and Others v. State of Karnataka, 1977 SCC OnLine Kar 57, the Court held that playing Andar Bahar does not amount to playing a game of chance; whether the essential ingredients of an offence are established remains for the prosecution to prove.

p. 7

The Court also relied on the Division Bench decision in W.P. No. 18703/2021 and connected matters, which declared Sections 2, 3, 6, 8 and 9 of the KP Act ultra vires the Constitution in their entirety.

p. 7

Provisions in the judgment · 9 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Code of Criminal Procedure, 1973 Section 482

KARNATAKA POLICE ACT, 1963. Section 2 Section 3 Section 6 Section 8 Section 9 Section 87

Bharatiya Nyaya Sanhita, 2023 Section 174

04Reasoning

The Court treated the nature of the alleged game as decisive. Applying E. Eranna and the Division Bench ruling concerning provisions of the KP Act, it concluded that the alleged playing of Andar Bahar did not constitute an offence under the Act.

pp. 7–10

Although the petitioners also raised a contention concerning the Magistrate’s permission to investigate, the Court did not resolve that contention; it allowed the petition on the ground that the alleged conduct was not an offence under the KP Act.

pp. 6–10

In those circumstances, continuation of the prosecution was an abuse of process, justifying exercise of the Court’s inherent power under Section 528 BNSS.

p. 8