The King Gramina Recreation And Sports … vs The State Of Karnataka And Ors on 20 February, 2024

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Karnataka High Court

The King Gramina Recreation And Sports … vs The State Of Karnataka And Ors on 20 February, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

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                                                       NC: 2024:KHC-K:1638
                                                        WP No. 200537 of 2024




                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                            DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                              BEFORE
                             THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                           WRIT PETITION NO.200537 OF 2024 (GM-POLICE)
                      BETWEEN:

                      THE KING GRAMINA RECREATION AND SPORTS
                      ASSOCIATION HIREJAWUR/RODALBANDA
                      LINGASUGUR,
                      TALUK: LINGSUGUR, DIST: RAICHUR,
                      BY ITS PRESIDENT,
                      HANAMANTAPPA S/O DASAYAPPA, CHITTARAGI,
                      AGE: 48 YEARS, OCC: PRESIDENT,
                      R/O AT KAMATAGI, TALUK: HUNGUND,
                      DIST: BAGALKOT-587 101.
                                                                 ...PETITIONER
                      (BY SRI.ANNARAYA.M.PATIL., ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA
Digitally signed by
VARSHA N                   REPRESENTED BY ITS SECRETARY,
RASALKAR                   HOME DEPARTMENT,
Location: High             DR. B.R.AMBEDKAR VEEDHI,
Court Of Karnataka
                           VIDHAN SOUDHA,
                           BENGALURU-560 001.

                      2.   THE SUPERINTENDENT OF POLICE,
                           RAICHUR, DIST: RAICHUR-584 102.

                      3.   THE DEPUTY SUPERINTEND OF POLICE,
                           LINGSUGUR, DIST: RAICHUR-584 102.

                      4.   THE CIRCLE INSPECTOR OF POLICE,
                           LINGSUGUR, DIST: RAICHUR-584 102.
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                                        NC: 2024:KHC-K:1638
                                         WP No. 200537 of 2024




5.    THE SUB-INSPECTOR OF POLICE,
      LINGSUGUR, DIST: RAICHUR-584 102.
                                                  ...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.Annaraya M.Patil., learned counsel 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.

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
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WP No. 200537 of 2024

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
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
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WP No. 200537 of 2024

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
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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WP No. 200537 of 2024

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

TKN/VNR
List No.: 1 Sl No.: 10

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