S.R.PATIL SOCIAL CLUR (R) v. THE STATE OF KARNATAKA

SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad AND:

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-01.

THE DIRECTOR GENERAL OF POLICE NRUPATUNGA ROAD, BESIDE RBI, NUNEGUNDALAPALLI, AMBEDKAR VEEDHI, BENGALURU-01.

THE INSPECTOR GENERAL OF POLICE SUBHASH NAGAR, BELAGAVI-590001. - 2 - NC: 2025:KHC-D:9736 WP No. 106720 of 2024 HC-KAR

THE SUPERINTEDENT OF POLICE BAGALKOTE-587103.

THE DEPUTY SUPERINTENDENT OF POLICE JAMKHANDI, DIST. BAGALKOTE-587301.

THE CIRCLE POLICE INSPECTOR JAMKHANDI TALUKA, DIST. BAGALKOTE-587313.

THE SUB-INSPECTOR OF POLICE JAMKHANDI TOWN POLICE STATION, TQ. JAMAKHANDI, DIST. BAGALKOTE-587313. (BY SRI. SHARAD V.MAGADUM, AGA FOR R1 TO R7) &RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA. PRAYING TO A) TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 3 TO 7 NOT TO INTERFERE IN THE DAY-TO- DAY ACTIVITIES OF THE PETITIONER SOCIAL CLUB, S R PATIL SOCIAL CLUB (R) HUNNUR SY. NO.24/8, TQ. JAMAKHANDI, IN CTS NO. 5218D/1/JAMKHANDI, DIST. BAGALKOTE. B. TO ISSUE ANY OTHER ORDER OR DIRECTION THIS HON9BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:9736 WP No. 106720 of 2024 HC-KAR

2. ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) Learned AGA accepts notice for the respondents. The petitioner is before this Court seeking for the following reliefs: A) To issue a writ in the nature of Mandamus directing the Respondent No. 3 to 7 not to interfere in the day- to-day activities of the Petitioner Social Club, S R Patil Social Club (r) Hunnur Sy. No.24/8, Tq. Jamkhandi, in CTS No. 5218D/1/Jamkhandi, Dist. Bagalkote. B. To issue any other order or direction this Hon9ble Court deems fit in the interest of justice and equity.

3. Both the counsels submit that, the above matter is covered by the order dated 22.02.2016 passed in W.P.No.101799/2016 (GM-Police) in Srimanth Ramchandrarao Appasaheb Club, Jamakhandi Vs. State of Karnataka.

4. In view of the aforesaid submissions and in the light of the decision in WP.No.101799/2016 (GM-Police) - 4 - NC: 2025:KHC-D:9736 WP No. 106720 of 2024 HC-KAR and with a view to maintain parity, writ petition is disposed of with following directions: i. The petitioner shall install CCTV cameras at the places of access to its members and also at all the places, wherein game(s) is/are played by the members within a period of six weeks. The CCTV footages of at least prior 15 days' period shall be made available by the petitioner jurisdictional 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 concerned police, during the raid(s), surveillance, etc. 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. - 5 - NC: 2025:KHC-D:9736 WP No.

106720 of 2024 HC-KAR iv. The petitioner shall not permit any activity by any its member(s), by indulging in acts of amusement, falling within the definition of Sections 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. 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 jurisdictional police find the game(s) played is/are contrary to any law and in violation of the settled practice, it is open to them to taken action against the petitioner and the offenders, in accordance with law. - 6 - NC: 2025:KHC-D:9736 WP No. 106720 of 2024 HC-KAR 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 or by the members of the petitioner's-Club/Association. 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 is/are found to have indulged in any unlawful or immoral activities. No order as to costs. SD/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA LIST NO.: 1 SL NO.: 14