Citation : 2025 Latest Caselaw 4923 Kant
Judgement Date : 11 March, 2025
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WP No. 200668 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 200668 OF 2025 (GM-POLICE)
BETWEEN:
YOUTH CELEBRITY RECREATION SPORTS
MATTU CULTURALS ASSOCIATION, RAICHUR
BY ITS GENERAL SECRETARY,
M.KRISHNA REDDY
S/O SUBA REDDY,
AGE: MAJOR,
OCC: GENERAL SECRETARY,
R/O: H.NO.1-3-573/33 ASHAPUR ROAD
OFFICERS COLONY NEAR RAJMATH TEMPAL
RAICHUR, TQ & DIST: RAICHUR - 584 101.
...PETITIONER
(BY SRI SHARANAGOWDA V.PATIL, ADVOCATE)
Digitally signed by
BASALINGAPPA
SHIVARAJ AND:
DHUTTARGAON
Location: HIGH 1. THE STATE OF KARNATAKA
COURT OF
KARNATAKA REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT,
DR. B.R.AMBEDKAR VEEDHI,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE DEPUTY COMMISSIONER
RAICHUR DISTRICT, RAICHUR - 584 102.
3. THE SUPERINTENDENT OF POLICE
RAICHUR, DIST- RAICHUR 584 102.
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WP No. 200668 of 2025
4. THE DEPUTY SUPERINTENDENT OF POLICE
RAICHUR, DIST RAICHUR - 584 102.
5. THE CIRCLE INSPECTOR OF POLICE
RAICHUR RURAL POLICE STATION
DIST: RAICHUR - 584 102.
6. THE SUB-INSPECTOR OF POLICE
RAICHUR, RURAL POLICE STATION,
DIST: RAICHUR 584 102.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, A.G.A.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS NOT TO INSIST AND NOT TO INTERFERE WITH
THE RIGHT OF THE PETITIONER ASSOCIATIONS TO PROVIDE
INDOOR AND OUTDOOR RECREATIONAL ACTIVITIES
INCLUDING PERMITTING THE MEMBERS OF THE PETITIONER
TO PAY 13 CARD RUMMY AND OTHER RECREATIONAL
ACTIVITIES IN THEIR PREMISES AT YOUTH CELEBRITY
RECREATION SPORTS MATTU CULTURALS ASSOCIATION, AT
SY NO.306/3 SITUATED AT KATLAKUR TQ. RAICHUR DIST.
RAICHUR. IN ACCORDANCE WITH THE GUIDELINES ISSUED BY
THIS HON'BLE COURT IN W.A. NO.200290/2015 DATED 27-06-
2016, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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WP No. 200668 of 2025
ORAL ORDER
(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
1. Learned Government Advocate accepts notice on
behalf of respondents.
Learned Government Advocate fairly submits that the
question raised in the petition is covered in terms of
various judgments of this Court, including
W.P.No.200290/2015.
Accordingly, the petition is allowed by imposing the
conditions 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 days' 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
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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 27.6.2016 in W.A.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.
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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 action in accordance with law, if the member(s) of the petitioner are found to have indulged in any unlawful or immoral activities.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE
CHS
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