'Andar Bahar' Is A Game Of Chance, Not Skill: Karnataka High Court Disagrees With 1977 Precedent, Refers Issue To Larger Bench

In a significant development, a single judge of the Karnataka High Court has expressed disagreement with a 1977 precedent [Eeranna v. State of Karnataka] that held the card game 'Andar Bahar' to be a game of skill, observing instead that it is a game of chance.

The single judge bench of Justice Suraj Govindaraj has referred the matter to a larger bench for reconsideration; and has asked the registry to place it before the Chief Justice for constitution of 'an appropriate bench of appropriate size'.

“…The game of Andar Bahar is played by using playing cards with a single deck or multiple decks and each deck consisting of 52 cards and the winner is decided on the basis of the cards being within, above or below a particular number…. The flow of cards is continuous from the deck once shuffled and there is no other intervening factor thereafter. That is to say, the flow of cards continues once shuffled without any interruption and no one has any role to play in the game after such shuffling ….Once the cards are shuffled and the deck is prepared, the flow of cards is not dependent on anybody but depends on the earlier shuffle and there is absolutely no skill involved in determining which card would flow from the deck when the game starts…I am unable to agree with the decision in Eeranna that game of Andar Bahar is a game of skill and not a game of chance. The said decision has subsequently been followed in various cases... where again it has been held that game of Andar Bahar is a game of skill which I am unable to subscribe to”, the court expressed on the matter.

The decision in Eeranna was rendered in a revision against a conviction confirmed by the Sessions Court, and not under Section 482 Cr.P.C, the court noted in the order. The factual context was different since the 1977 case was decided after trial and evidence, whereas the present case is at the quashing stage, the court added.

“…My opinion being expressed that game of Andar Bahar is not a game of skill but a game of chance would require reconsideration by a larger bench to be constituted by the Chief Justice….”

When the matter was taken up, Adv. Balakrishna M.R, appearing for the petitioners, submitted that the game of 'Andar Bahar' is a game of skill, and not a game of chance. As per him, it is not covered under the purview of Sections 79 and 80 of the Karnataka Police Act.

It was further submitted that various judgments of the High Court, starting from 1977, have consistently held that Andar Bahar is a game of skill. According to the counsel, the decision in Eeranna v. State of Karnataka (ILR 1977 Vol 27 Page 793) established that even if betting was resorted to and even if any pledge of moveable substances was made in support of that betting it would not convert the game of Andar Bahar into a game of chance.

For further context, Section 79 of KP Act imposes penalty for gaming in a common gaming house whereas Section 80 of KP Act penalises gaming in a public street.

During the proceedings, the Court orally remarked, “Do you know how many families' lives are destroyed by this game?”

Hearing this, the petitioners' Counsel submitted: “If that's the case, all race courses should be banned, my Lord”.

For context, on August 15, 2020, at approximately 8:30 p.m., police allegedly received credible information that 10-20 unknown persons were involved in gambling by placing money as stakes at a place called 'Mount Villa' behind a church in Mangalore taluk.

Based on this information, the Investigating Officer obtained permission from the Magistrate under Section 155 Cr.P.C. Later, the Assistant Commissioner of Police, Mangalore Mangalore permitted the conduct of a raid. The raiding team reached the scene in the early hours of August 16, 2020 where they found the accused persons, including the petitioners, playing "Andar Bahar" by allegedly placing money as stakes. Around Rs 63815/- was seized, along with mobile phones, playing cards, and vehicles.

The petitioners approached the High Court seeking quashing of criminal proceedings pending before the Senior Civil Judge and JMFC at Moodbidre. The proceedings were initiated based on a charge sheet filed by Mulki Police Station for offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963.

Case Title: Santhosh & Jayaraj v.State of Karnataka

Case No: CRL.P No.16239/2025

Citation: 2026 LiveLaw (Kar) 339