Karnataka High Court
Thippasandra Friends Social vs The State Of Karnataka on 15 September, 2023
Bench: R Devdas
-1-
NC: 2023:KHC:33574
WP No. 11390 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 11390 OF 2023 (GM-POLICE)
BETWEEN:
THIPPASANDRA FRIENDS SOCIAL
AND CULTURAL ASSOCIATION (REGD)
(REGISTERED UNDER KARNATAKA SOCIETY
REGISTRATION ACT 1960)
NO.1, 1ST FLOOR,
NANJUNDESHWARA COMPLEX,
NEW THIPPASANDRA,
BENGALURU - 560 075.
REPRESENTED BY ITS SECRETARY
SRI. K.NARAYANA,
S/O LATE KARIYAPPA,
AGED ABOUT 69 YEARS,
NO.986, 6TH CROSS, 9TH MAIN,
2ND STAGE, WEST OF CHORD ROAD,
Digitally signed by
JUANITA THEJESWINI BENGALURU - 560 086.
Location: HIGH COURT
OF KARNATAKA ...PETITIONER
(BY SRI. T. SESHAGIRI RAO., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF HOME,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
-2-
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2. THE COMMISSIONER OF POLICE,
BENGALURU CITY,
INFANTRY ROAD,
BENGALURU - 560 001.
3. THE JOINT COMMISSIONER OF POLICE,
CENTRAL CRIME BRANCH (CCB),
INFANTRY ROAD,
BENGALURU - 560 001.
4. THE DEPUTY COMMISSIONER OF POLICE,
BENGALURU EAST,
NEAR CONTONMENT RAILWAY STATION,
SHIVAJINAGAR,
BENGALURU - 560 051.
5. THE DEPUTY COMMISSIONER OF POLICE,
CENTRAL CRIME BRANCH, (CCB),
INFANTRY ROAD,
BENGALURU - 560 001.
6. THE ASSISTANT COMMISSIONER OF POLICE,
HALASURU POLICE STATION,
NO.01, GROUND FLOOR,
CAMBRIDGE LAYOUT,
JOGUPALYA,
BENGALURU - 560 008.
7. THE ASSISTANT COMMISSIONER OF POLICE,
CENTRAL CRIME BRANCH (CCB),
NEW TARAGUPET,
BENGALURU - 560 018.
8. THE INSPECTOR OF POLICE,
JEEVAN BHIMA NAGAR POLICE STATION ,
JEEVAN BHIMA NAGAR MAIN,
-3-
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LIC COLONY, HAL 3RD STAGE,
SECTOR-12,
BENGALURU - 560 075.
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENTS POLICE NOT TO INTERFERE WITH THE SMOOTH
FUNCTIONING OF THE PETITIONER ASSOCIATION WITHOUT
ANY AUTHORITY OF LAW IN ANY MANNER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Heard the learned counsel for the petitioner and
learned High Court Government Pleader.
2. The petitioner is before this Court praying for
issuance of a writ of prohibition or any other writ or
direction or order directing the Respondents police not to
interfere with the smooth functioning of the Petitioner
Association without any authority of law in any manner for
the recreation activities conducted by the petitioner in the
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schedule premises either under the Karnataka Police Act,
1963 or under the Licensing and Controlling of the Places
of Public Amusement Order, 1970.
3. Learned counsel for the petitioner would submit
that, this Court in similar matters has been pleased to
dispose of the writ petitions granting the relief.
4. Learned High Court Government Pleader would
submit that the writ petition could be disposed of in terms
of the order passed by this Court on 28.11.2018 while
disposing of W.P.No.50923/2018.
5. The submission of the learned High Court
Government Pleader is placed on record. If any illegal or
unlawful activities are conducted or permitted in the
petitioner's premises, it is always open for the respondents
to initiate such action as permitted under law.
6. The learned counsel for the petitioner has
brought to the notice of this Court a judgment passed by
the Division Bench of this Court at Kalaburgi, in
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WP No. 11390 of 2023
W.A.No.20090/2015 in the case of D.V.R. Recreation Club
Vs State of Karnataka, disposed of on 27.06.2016 and
further order issued on a review petition in the same
matter on 19.10.2016. In view of the subsequent
directions issued by the Hon'ble Division Bench, the
present writ petition is disposed of with the following
directions:
a. The petitioner shall install within a period of
six weeks, 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. The CC TV footage of at
least prior 15 days' period shall be made
available by the petitioner, to the police, as
and when called upon to do so.
b. 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 police, during the raid(s) and
surveillance etc.
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c. 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, except games of skills.
d. 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 police find that any of
the game/s played is/are contrary to any
law and in violation of the settled practice,
it is open for them to take action against
petitioner and the offenders, in accordance
with law.
e. The jurisdictional police shall have liberty
to visit premises periodically and/or on
receipt of any information about any
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unlawful activity being carried on in the
petitioner's premises.
f. The respondents are directed not to
interfere with the lawful recreational
activities carried on by the members of the
petitioner - Club/Association.
g. 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 are found to
have indulged in any unlawful or immoral
activities.
Ordered accordingly.
Sd/-
JUDGE
NG
CT:SNN
