Citation : 2025 Latest Caselaw 2292 Kant
Judgement Date : 6 August, 2025
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WP No. 202255 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.202255 OF 2025 (GM-POLICE)
BETWEEN:
M/S SDL SPORTS CLUB PRIVATE LIMITED,
NO.34/1, SY NO.23, MASKI TO MUDGAL ROAD,
MEDIKINHAL, TQ. MASKI,
DIST. RAICHUR-584124.
THROUGH ITS MANAGING DIRECTOR,
NAGARAJ S/O AMARAPPA,
AGE: 36 YEARS, OCC: MANAGING DIRECTOR,
R/O: MEDIKINHAL, TQ. MASKI,
DIST. RAICHUR-584124.
...PETITIONER
Digitally signed (BY SRI. KONDKUNDI RAVINDRA DAMODAR AND
by VARSHA N SRI. A. R. TARANATH, ADVOCATES)
RASALKAR
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA,
THROUGH HOME DEPARTMENT,
BENGALURU.
2. THE SUPERINTENDENT OF POLICE,
RAICHUR-584101.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
LINGASUGUR-584122.
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HC-KAR
4. THE CIRCLE INSPECTOR OF POLICE,
MASKI-584124.
5. THE SUB-INSPECTOR OF POLICE,
MASKI-584124.
...RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Kondkundi Ravindra Damodar., counsel for the
petitioner and Sri.Mallikarjun Sahukar, AGA for the respondents
have appeared in person.
2. Counsel for the petitioner submits that the issue
involved in the captioned Writ Petition is covered in terms of
the order passed by the Co-ordinate bench of this Court in
W.P.No.201133/2017. Urging several contentions, AGA submits
that an appropriate order may be passed.
3. Heard the contentions urged on behalf of the
respective parties and perused the Writ papers with utmost
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care. The issue involved is covered in terms of the order passed
in W.P.No.201133/2017 referred above.
4. Hence, the Writ Petition is disposed of.
5. The petitioner shall adhere to the conditions
incorporated in the aforementioned order 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 2 of Karnataka Police Act, 1963. The
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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/-
(JYOTI MULIMANI) JUDGE MRP/VNR
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