Participation of more than one party is necessary in order to constitute an offence of gambling

Karnataka High Court: A Single Judge Bench comprising of K.N. Phanendra, J. allowed a criminal petition and quashed the proceedings pending against the petitioner for the offence under Section 78(6) of  Karnataka Police Act.

The petitioners were accused of betting for an IPL match between Gujarat Lions and Mumbai Indians. They were accused of collecting money from the public and not repaying as promised. Learned counsel for the petitioners submitted that no offence as mentioned in the charge-sheet was attracted to facts of the case. He prayed that the proceedings against the petitioners may be quashed.

The High Court perused the charge sheet and found that no independent witness had been examined with reference to betting. Nothing was mentioned in the charge sheet about who all participated in the betting, paid money, how much money was paid, etc. The Court opined that the accused could not unilaterally play gambling without the help of public at large. In such circumstances, the Court held that when the offence itself was not constituted, nothing remained to be considered. Thus, the petition was allowed and proceedings against the petitioners were quashed. [Rahul v. State of Karnataka,2018 SCC OnLine Kar 633, dated 04-06-2018]

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