H. R. J. GAUTHAM Vs. STATE OF KARNATAKA

JUDGEMENT

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

(2.) The case of the prosecution is that, on 15/10/2021, on receiving a credible information, the Inspector along with his staff, on apprehending, found that, the accused were checking the mobile phones, they were betting on the cricket match between Chennai Super Kings and Kolkatta Raiders through 'GODSWNEXCH.COM, freshexch.com', and playing betting per ball to ball and seized the mobile phones and currency notes of Rs.15,100.00. The cognizance taken of the aforesaid offences is impugned in this petition.

(3.) The learned counsel for the petitioner - accused No.3, 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).