F Zone Recreation Club Association ... vs The State Of Karnataka And Ors
2024 Latest Caselaw 5216 Kant

Karnataka High Court

F Zone Recreation Club Association ... vs The State Of Karnataka And Ors on 21 February, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

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                                                     NC: 2024:KHC-K:1668
                                                       WP No. 200509 of 2024




                               IN THE HIGH COURT OF KARNATAKA
                                      KALABURAGI BENCH

                          DATED THIS THE 21ST DAY OF FEBRUARY, 2024

                                            BEFORE
                           THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                         WRIT PETITION NO.200509 OF 2024 (GM-POLICE)
                   BETWEEN:
                   F ZONE RECREATION CLUB ASSOCIATION,
                   YADGIR, DISTRICT YADGIR,
                   THROUGH ITS PRESIDENT,
                   SHARNU S/O KASHIRAYA KUMBAR,
                   AGE: 38 YEARS, OCC: PRESIDENT OF
                   F ZONE RECREATION ASSOCIATION,
                   YADGIR-585 202.
                                                                ...PETITIONER
                   (BY SRI.PRAMODKUMAR PATIL., ADVOCATE FOR
                       SRI.RAMCHANDRA K., ADVOCATE)
                   AND:
                   1.    THE STATE OF KARNATAKA,
                         THROUGH ITS SECRETARY,
                         HOME DEPARTMENT, M.S.BUILDING,
Digitally signed by
B NAGAVENI               BENGALURU-560 001.
Location: High
Court Of            2.   THE DEPUTY COMMISSIONER,
Karnataka
                         YADGIR-585 202.

                   3.    THE SUPERINTENDENT OF POLICE,
                         YADGIR- 585 202.

                   4.    THE DISTRICT CRIME BUREAU,
                         THROUGH ITS SUPERINTENDENT,
                         C/O S.P.OFFICE,
                         YADGIR-585 202.

                   5.    THE DEPUTY SUPERINTENDENT OF POLICE,
                         YADGIR-585 202.
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                                    NC: 2024:KHC-K:1668
                                      WP No. 200509 of 2024




6.   THE CIRCLE INSPECTOR OF POLICE,
     RURAL POLICE STATION,
     NEAR RAILWAY STATION,
     YADGIR-585 202.

7.   THE SUB-INSPECTOR OF POLICE,
     RURAL POLICE STATION,
     YADGIR-585 202.
                                              ...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.Pramodkumar Patil., learned counsel on behalf of

Sri.Ramchandra K., 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.

NC: 2024:KHC-K:1668

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

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

NC: 2024:KHC-K:1668

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 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

NC: 2024:KHC-K:1668

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 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 NB/MRP