The Karnataka High Court, in a significant ruling, reaffirmed that poker is a game of skill and quashed the FIR against D.M. Gaming Pvt. Ltd., a recreational gaming club in Bengaluru. The judgment was delivered by Justice M. Nagaprasanna while hearing Criminal Petition No. 6280 of 2024, filed under Section 482 of the Criminal Procedure Code (Cr.P.C.).
Background of the Case
The case originated from an FIR registered by the Central Crime Branch (CCB), Bengaluru, based on a complaint by Raju B., alleging that illegal gambling activities were taking place at the premises of D.M. Gaming Pvt. Ltd. The police invoked Sections 79, 80, and 103 of the Karnataka Police Act, which deal with offenses related to gambling and betting.
The petitioners, D.M. Gaming Pvt. Ltd., represented by its director Mukesh Chawla, and its manager Deepak Jagadish Chawla, contended that poker is a game of skill and not a game of chance, as upheld by previous court rulings. They alleged police harassment and misuse of legal provisions to disrupt legitimate gaming activities.
The petitioners were represented by Senior Advocate Sandesh J. Chouta and Advocate Sampreeth V., while the State of Karnataka was represented by Special Public Prosecutor Jagadeesha B.N.
Key Legal Issues
1. Is poker a game of skill or chance?
– The primary issue before the court was whether poker falls under the category of gambling or if it qualifies as a game of skill.
2. Police interference in lawful gaming activities
– The petitioners alleged that despite multiple court rulings protecting skill-based games, the police continued to harass gaming clubs under the pretext of illegal activities.
3. Validity of the FIR under Sections 79, 80, and 103 of the Karnataka Police Act
– The court examined whether the allegations in the FIR constituted a cognizable offense under the relevant provisions of the Police Act.
Court’s Observations and Ruling
Justice M. Nagaprasanna, while quashing the FIR, reiterated that poker is a game of skill and not gambling. The court cited previous judgments, including:
– Indian Poker Association v. State of Karnataka (2013 SCC OnLine Kar 8536), where it was held that “if poker is played as a game of skill, no licence is required, and lawful gaming activities cannot be interfered with.”
– All India Gaming Federation v. State of Karnataka (2022 SCC OnLine Kar 435), which distinguished between games of chance and games of skill based on the Predominance Test (which examines whether skill outweighs chance in a game).
– DM Gaming Pvt. Ltd. v. State of Uttar Pradesh (2024 SCC OnLine All 5009), where the Allahabad High Court upheld poker and rummy as skill-based games and ruled that denying gaming licenses without valid reasons was arbitrary.
Important Court Observations
– “A game involving a substantial degree of skill is not gambling, even when played with stakes.”
– “The police cannot interfere with lawful recreational activities under the garb of enforcing gambling laws.”
– “The police must act as protectors of law, ensuring no unlawful activities, but they cannot become a tool of harassment.”
While granting relief to the petitioners, the court quashed the FIR in Crime No. 0017/2024 and directed that all prior court directions concerning gaming clubs be followed in letter and spirit. The court clarified that while the police retain the right to inspect premises based on credible information, they cannot interfere arbitrarily.
