Shri K Linganand S/O Galappa ... vs The State Of Karnataka
2022 Latest Caselaw 12805 Kant

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                                     WP No. 104665 of 2022


IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

       DATED THIS THE 3RD DAY OF NOVEMBER, 2022

                        BEFORE
       THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
     WRIT PETITION NO. 104665 OF 2022 (GM-POLICE)
BETWEEN:

1.   SHRI K LINGANAND S/O GALAPPA ADVOCATE
     AGE. 51 YEARS,
     OCC. PRESIDENT OF OFFICERS RECREATION
     ASSOCIATION, NO. 1192/25,
     1ST WARD, NEAR COURT,
     HARAPANAHALLI, VIJAYANAGAR DISTRICT.

2.   D V VASUDEV S/O JAGADISHAPPA BANAKAR
     AGE. 48 YEARS,
     SECRETARY OF OFFICERS RECREATION
     ASSOCIATION, 7TH WARD,
     NEAR KOTTUR CIRCLE, HARAPANAHALLI,
     VIJAYANAGAR DISTRICT.

                                            ...PETITIONERS

(BY SRI. GODE NAGARAJA, ADV.)

AND:

1.   THE STATE OF KARNATAKA,
     BY ITS SECRETARY, DEPARTMENT OF HOME,
     M.S.BUILDING, BENGALURU-560001.

2.   THE SUPERINTENDENT OF POLICE,
     VIJAYANATAR,
     DISTRICT. HOSAPETE 583211.

3.   THE DEPUTY SUPERINTENDENT OF POLICE,
     HARAPANAHALLI,
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                                       WP No. 104665 of 2022


      TQ. HARAPANAHALLI,
      VIJAYANAGAR DISTRICT 583131.

4.    THE CIRCLE INSPECTOR OF POLICE,
      HARAPANAHALLI,
      TQ HARAPANAHALLI,
      VIJAYANAGAR DISTRICT 583131,

5.    THE SUB INSPECTOR OF POLICE, HARAPANAHALLI,
      TQ. HARAPANAHALLI,
      VIJAYANAGARA DISTRICT 583131.

                                                ...RESPONDENTS

(BY SRI.SHIVAPRABHU HIREMATH, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA, PRAYING TO

A)DECLARE THAT THE RESPONDENT HAVE NO RIGHT TO

PROHIBIT THE PETITIONERS ASSOCIATION TO RUN THE SKILL

GAMES AND TO CARRY ON NORMAL ACTIVITIES BY ISSUE OF

WRIT OF MANDAMUS OR SUCH OTHER WRIT OR DIRECTION

AS IN THE CIRCUMSTANCES OF THIS HON BLE COURT DEEMS

FIT. B) DIRECT THE RESPONDENT NOT TO INTERFERE WITH

THE NORMAL ACTIVITIES OF THE PETITIONERS ASSOCIATION

BY THE ISSUED OF APPROPRIATE ORDER.

THIS PETITION COMING ON FOR PRELIMINARY HEARING,

THIS DAY, THE COURT MADE THE FOLLOWING:

WP No. 104665 of 2022

ORDER/JUDGMENT

1. It is not in dispute that the issue raised in this writ

petition has been considered and answered in

W.P.No.105824/2015 disposed of on 07.08.2015 and also

followed in W.P.No.109595/2015 decided on 11.09.2015.

2. In view of the said decision, the writ petition is also

disposed of in the following terms:

"(i) The petitioner shall install CC TV cameras at all the places of access to its members and also at all the places, wherein game(s) is/are played by the members within a period of six weeks. The CC TV footage of atleast prior 15 days' period shall be made available by the petitioner to the jurisdiction police, as and when called upon to do so.

(ii) The petitioner shall issue identity card(s) to all its member(s), which shall be produced by the member(s), when called upon by the concerned police, during the raid(s), surveillance, etc.

(iii) The petitioner shall not allow any non-member(s) or the guest(s) of the member(s) to make use of its premises for the purpose of playing any kind of games or recreational activities.

(iv) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Ss.2(14) & 2(15) of the Act and shall not permit any game(s) of chance as per explanation (II) of Sub- section (7) of Section 2 of Karnataka Police Act, 1963. The member(s) shall not be allowed to play any kind of game(s) with stakes or make any profit or gain out of the game(s) played.

(v) The petitioner shall put proper mechanism in place and shall ensure that no game(s) is played in any unlawful manner by the member(s). If the jurisdiction police find that the game(s) played is/are contrary to any law and in violation of

WP No. 104665 of 2022

the settled practice, it is open to them to take action against the petitioner and the offenders, in accordance with law.

(vi) The jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any information about any unlawful activity being carried on in the petitioner's premises.

(vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner's-Club/Association.

(viii) It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the Act and taking action in accordance with law, if the member(s) of the petitioner is/are found to have indulged in any unlawful or immoral activities."

No order as to costs."

Sd/-

JUDGE

KGK