The Karnataka High Court has referred an important legal question concerning the card game Andar Bahar to a larger Bench, after a single judge expressed disagreement with a 1977 ruling that treated the game as one of skill.
Justice Suraj Govindaraj observed that once the cards are shuffled, players have no role in determining which card will appear next. The Court therefore found it difficult to accept the earlier view that the game involves skill.
Background of the Case
The issue arose in a petition filed by Santhosh and Jayaraj challenging criminal proceedings under Sections 79 and 80 of the Karnataka Police Act, 1963.
The proceedings followed a police raid at a premises in Mangaluru in August 2020. According to the prosecution, several persons were found playing Andar Bahar while allegedly putting money at stake. Police reportedly seized ₹63,815, mobile phones, playing cards and vehicles.
The petitioners argued that Andar Bahar was a game of skill and therefore the provisions concerning gaming could not be applied to them. Their counsel relied on the Karnataka High Court's 1977 decision in E Eranna v. State of Karnataka, which had been subsequently followed in other cases.
Court's Observation
Justice Govindaraj examined how the game operates and questioned where skill comes into play once the deck has been shuffled.
"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. There is absolutely no skill involved in determining which card would flow from the deck when the game starts."
The Bench also noted that the 1977 E Eranna decision arose in a different factual and procedural setting. That case followed a trial and consideration of evidence, whereas the present proceedings concerned a petition seeking quashing of the criminal case.
The Court consequently said it was unable to agree with the proposition in E Eranna that Andar Bahar was a game of skill rather than a game of chance.
Decision
Since the single judge's view was contrary to the earlier High Court precedent, Justice Govindaraj held that the legal question required consideration by a larger Bench.
"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."
The Registry was directed to place the matter before the Chief Justice for constitution of an appropriate larger Bench.
Case Details
- Case Title: Santhosh & Jayaraj v. State of Karnataka
- Case Number: CRL.P No. 16239/2025
- Judge: Justice Suraj Govindaraj
- Decision Date: September 8, 2026
