PAVAN SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner and other accused are sought to be prosecuted for the offence punishable under Sec. 78(i) and 78(iii) of the Karnataka Police Act.

(2.) The case of the prosecution is that, on 8/4/2023, when the Police Inspector along with the Head Constable was on rounds, they saw two cars, which were parked, and four to five persons were standing, and on apprehending them, it was found that, the accused were checking the mobile phones, they were betting on the cricket match between Chennai and Mumbai Cricket match, and playing betting per ball to ball and seized the mobile phones, currency notes of Rs.26,000.00 and two cars. The cognizance taken of the aforesaid offences is impugned in this petition.

(3.) Sri Hashmath Pasha, learned Senior Counsel for the petitioner, submits that, conducting of investigation before obtaining an order under Sec. 155(2) of Cr.PC is impermissible. He further submits that even if betting for cricket match takes place, it cannot be brought within the ambit of definition of gaming found in Karnataka Police Act. In support, he places reliance on the decision of the coordinate Bench of this Court in Crl.P No.2929/2020 and connected matters (DD 10/1/2022).