Karnataka High Court
Adiga Recreation Association (R) vs State Of Karnataka on 21 March, 2025
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NC: 2025:KHC:11860-DB
CCC No. 278 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
CCC NO. 278 OF 2025 (CIVIL)
BETWEEN:
ADIGA RECREATION ASSOCIATION (R)
A SOCIETY REGISTERED UNDER
SOCIETIES REGISTRATION ACT
NO.204, 3RD BLOCK, 3RD STAGE,
BASAWESHWARANAGAR,
BANGALORE - 560 079
REPRESENTED BY ITS PRESIDENT
ASHOK KUMAR ADIGA,
S/O. A.V.R. ADIGA
AGED 61 YEARS,
RESIDING AT NO. 288,
3RD 'A' CROSS, 2ND BLOCK,
3RD STAGE,
Digitally BASAVESHWARANAGAR,
signed by BANGALORE - 560 079
CHAITHRA
Location:
...COMPLAINANT
High Court (BY SRI. M VINOD KUMAR, ADVOCATE)
of Karnataka
AND:
1. STATE OF KARNATAKA
BY HOME DEPARTMENT
REP. BY HOME SECRETARY
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
.. PROFORMA RESPONDENT
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CCC No. 278 of 2025
2. SRI. ALOK MOHAN
S/O. MOHAN
AGED 59 YEARS
THE DIRECTOR GENERAL AND
INSPECTOR GENERAL OF POLICE,
NRUPATUNGA ROAD,
BENGALURU - 560 001
...ACCUSED
(BY SRI. K. SHASHI KIRAN SHETTY, AG
ALONG WITH SMT. PRAMODHINI KISHAN, AGA)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURT ACT READ WITH ARTICLE 215 OF THE
CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN
PRAYS TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE
ACCUSED FOR THE WILLFUL DISOBEDIENCE OF THE ORDER
DATED 16.12.2024 PASSED BY THIS COURT IN WP NO.34240/2024
(GM-POLICE) PRODUCED AT ANNEXURE-J AND THEREBY
OBSTRUCTING THE DUE COURSE OF JUDICIAL PROCEEDINGS
AND FOR HAVING COMMITTED CONTEMPT OF COURT FOR THE
ABUSE OF PROCESS OF COURT AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:11860-DB
CCC No. 278 of 2025
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Writ Petition No.34240 of 2024 was disposed of by learned
Single Judge by the order dated 16.12.2024, observing that it
stands disposed of on the same terms as the order which was
passed in other Writ Petition No.8936 of 2024 dated 25.03.2024.
2. The directions in the said order dated 25.03.2024 which shall
apply to the outcome of the instant petition, contained the following
directions:-
"(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 games(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.
(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
surveillances etc.
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(iii) The petitioner shall not allow any non-member(s) or the
guest(s) of the member(s), to make use of its premises for
the purpose of playing any kind of game(s) or recreational
activities.
(iv) 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.
(v) 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.
(vi) 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.
(vii) The respondents are directed not to interfere with the
lawful recreational activities carried on by the members of
the petitioner - Club/ Association.
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(viii) 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."
3. The first five directions are in the nature of obligations cast
on the petitioner-the Adiga Recreation Association. The question
of committing contempt by the respondents does not arise since
they are the directions addressed to the petitioner, which would
apply to the present petitioner as well.
3.1. Direction No.(vi) provided that, the jurisdictional police shall
have the liberty to visit the premises periodically and/or on receipt
of information. This direction could not be complained for their
breach to bring it within the purview of contempt since the police
authorities are given liberty to act in accordance with law.
3.2. Direction No.(vii) is that the respondents shall not interfere
with the lawful recreational activities carried on by the members of
the petitioner. This direction also confirms the requirement of law
and it would mean that if unlawful recreational activities are carried
out by the members of the petitioner, the authorities are entitled to
enforce the provisions of law.
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3.3. The last direction No.(viii) is a clarification that the police
shall be entitled to invoke the provisions of the Act and in taking
necessary action in accordance with law. It is also a direction
which requires the jurisdictional police to act in accordance with
law.
4. The contempt petition is thoroughly misconceived.
5. The petition is dismissed.
Liberty is reserved to the police to act strictly in accordance
with law for taking all permissible action against the members of
the petitioner, if they are found to be indulging in unlawful activities.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
