Karnataka High Court
Shri Shiva Basav Sports Social Club vs The Staet Of Karnataka on 24 March, 2025
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2025:KHC-D:5377
WP No. 101795 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 101795 OF 2025 (GM-POLICE)
BETWEEN:
SHREE SHIVA BASAV SPORTS AND SOCIAL CLUB,
SY NO.1690/1/A, AT-POST: KUDACHI,
TQ: RAIBAG, DIST: BELAGAVI-591 311,
REPRESENTED BY ITS PRESIDENT,
SRI. VINODKUMAR RAVASAB DARURE,
AGED: MAJOR, OCC: BUSINESS,
R/O KUDACHI, TQ: RAIBAG,
DIST: BELAGAVI-591 311.
...PETITIONER
(BY SRI. SUNIL KHOT., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME,
Digitally signed by
PREMCHANDRA M R
VIDHANA SOUDHA,
Location: HIGH BENGALURU-560 001.
COURT OF
KARNATAKA
2. THE DEPUTY COMMISSIONER,
BELAGAVI,
TQ: AND DIST: BELAGAVI-590 001.
3. THE SUPERINTENDENT OF POLICE,
BELAGAVI,
TQ: AND DIST: BELAGAVI-590 001.
4. THE DEPUTY SUPERINTENDENT OF POLICE,
ATHANI, SUB-DIVISION,
AHTHANI-591 201.
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NC: 2025:KHC-D:5377
WP No. 101795 of 2025
5. THE CIRCLE POLICE INSPECTOR,
HARUGERI, TQ: RAIBAG,
DIST: BELAGAVI-591 317.
6. THE POLICE SUB-INSPECTOR,
KUDACHI POLICE STATION,
KUDACHI, TQ: RAIBAG,
DIST: BELAGAVI-591 317.
7. THE REGISTRAR OF SOCIETIES AND DEPUTY
REGISTRAR OF CO-OPERATIVE SOCIETIES,
BELAGAVI, SAHAKARA ADALITA BHAVAN,
JAKKERI HONDA, NEAR RAILWAY OVER BRIDGE,
BELAGAVI-590 001.
...RESPONDENTS
(BY SRI. PRAVEEN.K.UPPAR., 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 IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri.Sunil Khot., counsel for the petitioner and Sri.Praveen
K.Uppar., AGA for the respondents have appeared in person.
2. Counsel for the respective parties 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: 2025:KHC-D:5377
3. AGA 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
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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
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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/-
(JYOTI MULIMANI)
JUDGE
MRP
