BASAVARAJA SWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - accused No.2, who is sought to be prosecuted for the offence punishable under Sec. 78(3) of the KP Act, has filed this petition.

(2.) The case of the prosecution is that, on receiving the credible information, a raid was conducted, and it was found that, the accused No.1 was loudly announcing to the public that, every Rs.1.00 will fetch Rs.80.00, and collected money from the public and writing the matka numbers. On interrogation, he stated that he was collecting money from the public on behalf of the accused No.2. The learned Magistrate after accepting the charge sheet took the cognizance of the aforesaid offence and issued summons. Taking exception to the same, the accused No.2 is before this Court.

(3.) Heard the learned counsel for the petitioner - accused No.2 and the learned High Court Government Pleader for the respondent - State.