M. TIPPESWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Police, after investigation, submitted the charge sheet for the offence punishable under Sec. 87 of the Karnataka Police (Amendment) Act, 2021 alleging that the petitioner and other accused were playing andhar-baahar by betting money in a public place. The learned Magistrate after accepting the charge sheet took cognizance of the aforesaid offence and issued summons. Taking exception to the same, the petitioner-accused Nos.1 to 4 and 8 are before this Court.

(2.) I have considered the submissions made by the learned counsel for the petitioners and the learned HCGP for the respondent-State.

(3.) Perusal of the charge sheet material does not disclose that the petitioners were playing andhar-baahar by betting money as a game of chance and in the absence of any material that the petitioners were playing andhar-baahar as a game of chance, the charge sheet filed for the offence punishable under Sec. 87 of the Karnataka Police (Amendment) Act, 2021 is without any substance. Accordingly, I pass the following: