Failed To Comply With Section 155(2) CrPC: Karnataka HC Acquits Persons Convicted For Playing A Game Of Chance

The Karnataka High Court has acquitted persons who were convicted for playing a game of chance for the offence punishable under Section 80 of the Karnataka Police Act, 1963.

The petitioners approached the Court against the order of conviction passed by the Additional District and Sessions Judge.

A Single Bench of Justice R. Nataraj observed, “It is undisputed that an offence under Section 80 was non-cognizable. Assuming that the special warrant issued to search the premises was lawful, yet a prosecution could not have been launched without complying Section 155(2) of Cr.PC. In that view of the matter, the prosecution of the petitioners has to fail on this fundamental defect.”

Advocate Mahesh.S appeared on behalf of the petitioners i.e., the convicted persons while HCGP Krishna Kumar K.K represented the respondent.

In this case, the petitioners were tried for the offence punishable under Section 80 of the Karnataka Police Act, 1963. The petitioners were found playing a game of chance, namely "Andar Bahar". The playing cards were seized along with a sum of Rs. 1,48,970/- and two tarpaulins.

The prosecution after recording the statement of the witnesses filed a charge sheet and based on the oral and documentary evidence, the Trial Court convicted the petitioners for the offence punishable under Section 80 of the Act and sentenced them to undergo simple imprisonment for a period of one month and to pay a fine of Rs.500/-. The appellate Court confirmed the said order of the trial court and dismissed the appeal.

The High Court after hearing the arguments of the counsel asserted, “… these revision petitions are allowed and impugned judgment of conviction dated 01.07.2011 passed by Principal Civil Judge and JMFC, Challakere in C.C.No.534/2008 and the consequent sentence are set aside.”

The Court, therefore, acquitted the petitioners and set aside the judgment of the Additional District and Sessions Judge.

Cause Title- Thippeswamy & Ors. v. State

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