The King Gramina Recreation And Sports ... vs The State Of Karnataka And Ors
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Karnataka High Court

The King Gramina Recreation And Sports ... vs The State Of Karnataka And Ors on 20 February, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

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                                                       NC: 2024:KHC-K:1638
                                                        WP No. 200537 of 2024




                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                            DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                              BEFORE
                             THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                           WRIT PETITION NO.200537 OF 2024 (GM-POLICE)
                      BETWEEN:

                      THE KING GRAMINA RECREATION AND SPORTS
                      ASSOCIATION HIREJAWUR/RODALBANDA
                      LINGASUGUR,
                      TALUK: LINGSUGUR, DIST: RAICHUR,
                      BY ITS PRESIDENT,
                      HANAMANTAPPA S/O DASAYAPPA, CHITTARAGI,
                      AGE: 48 YEARS, OCC: PRESIDENT,
                      R/O AT KAMATAGI, TALUK: HUNGUND,
                      DIST: BAGALKOT-587 101.
                                                                 ...PETITIONER
                      (BY SRI.ANNARAYA.M.PATIL., ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA
Digitally signed by
VARSHA N                   REPRESENTED BY ITS SECRETARY,
RASALKAR                   HOME DEPARTMENT,
Location: High             DR. B.R.AMBEDKAR VEEDHI,
Court Of Karnataka
                           VIDHAN SOUDHA,
                           BENGALURU-560 001.

                      2.   THE SUPERINTENDENT OF POLICE,
                           RAICHUR, DIST: RAICHUR-584 102.

                      3.   THE DEPUTY SUPERINTEND OF POLICE,
                           LINGSUGUR, DIST: RAICHUR-584 102.

                      4.   THE CIRCLE INSPECTOR OF POLICE,
                           LINGSUGUR, DIST: RAICHUR-584 102.
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                                        NC: 2024:KHC-K:1638
                                         WP No. 200537 of 2024




5.    THE SUB-INSPECTOR OF POLICE,
      LINGSUGUR, DIST: RAICHUR-584 102.
                                                  ...RESPONDENTS
(BY SRI.VEERANAGOUDA MALIPATIL., HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.

    THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

Sri.Annaraya M.Patil., learned counsel for the petitioner

and Sri.Veeranagouda Malipatil., learned HCGP for the

respondents have appeared in person.

2. Learned counsel for the petitioner and learned

HCGP jointly submits that the issue involved in the captioned

Writ Petition is covered in terms of the Judgment passed by the

Coordinate bench of this Court in W.P.No.201133/2017.

3. Learned HCGP on instruction would submit that by

imposing the conditions incorporated in the said Judgment, the

Writ Petition may be allowed.

4. Heard, the contentions urged on behalf of the

respective parties and perused the Writ papers with utmost

NC: 2024:KHC-K:1638

care. The issue involved is covered in terms of the order passed

in W.P.No.201133/2017 referred above.

5. Hence, the Writ Petition is allowed.

6. The petitioner shall adhere to the conditions

incorporated in the aforementioned Judgment which are as

under:

I. 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 atleast prior 15 day's period shall be made available by the petitioner, to the 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 police, during the raid(s) and surveillance etc.

III. 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

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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. * [incorporated vide Judgment dated:27.06.2016 in Writ Appeal No.200290/2015].

IV. 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 game(s) played is contrary to any law and in violation of the settled practice, it is open to them to take action against petitioner and the offenders, in accordance with law.

V. 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.

VI. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner - Club/ Association.

VII. 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

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action in accordance with law, if the member(s) of the petitioner are found to have indulged in any unlawful or immoral activities.

Sd/-

JUDGE

TKN/VNR