- 1 - NC: 2025:KHC-D:4681-DB CCC No. 100077 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO.100077 OF 2025 BETWEEN: CIRCLE FRIENDS CLUB (R), SARPANAKATTA, YALWADIKAVOOR, TQ. BHATKAL, UTTAR KANNADA DIST. BY ITS PRESIDENT, UTTAR KANNADA DISTRICT, PIN-581320. …COMPLAINANT (BY SRI S.P. KANDAGAL, ADVOCATE) AND: 1. SHRI. RANNAGOUD PATIL, MAJOR, POLICE SUB-INSPECTOR, RURAL POLICE STATION, BHATKAL-581320, UTTAR KANNADA DISTRICT. 2. SHRI. CHANDAN GOPAL, MAJOR, CIRCLE POLICE INSPECTOR, BHATKAL-581320, UTTAR KANNADA DISTRICT. 3. SHRI. M. NARAYANA, AGED 50 YEARS, SUPERINTENDENT OF POLICE, UTTAR KANNADA DISTRICT, KARWAR, UTTAR KANNADA, PIN-581301. …ACCUSED 4. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHAN SOUDHA, BENGALURU-560001. …PRO-FORMA RESPONDENT Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4681-DB CCC No. 100077 of 2025 (BY SRI MADAN MOHAN M.KHANNUR, AGA FOR PRO-FORMA RESPONDENT) THIS CONTEMPT PETITION IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA AND SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE ACTION AGAINST THE RESPONDENTS FOR WILLFUL DISOBEDIENCE OF THE DIRECTIONS AND ORDER ISSUED BY THIS COURT ON 11-03-2020 IN WRIT PETITION NO.145625/2020 VIDE ANNEXURE-A AND TRY THE CASE AND PUNISH THE RESPONDENTS IN THE INTEREST OF JUSTICE AND EQUITY. THIS CONTEMPT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The complainants have filed this contempt petition complaining willful disobedience of order dated 11.03.2020, passed in W.P No.145625/2020. 2. Heard learned counsel Sri.S.P.Kandagal for the complainant and perused the entire contempt petition papers. 3. Learned counsel for the complainant would submit that this Court disposed of the writ petition with the 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 - 3 - NC: 2025:KHC-D:4681-DB CCC No. 100077 of 2025 within a period of six weeks. The CCTV footage of atleast prior 15 days’ period shall be made available by the petitioner, to the 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 police, during the raid(s) and 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. 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. 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 that any of the game/s played is/are contrary to any law and in violation of the settled practice, it is open to them to take action against the 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 - 4 - NC: 2025:KHC-D:4681-DB CCC No. 100077 of 2025 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. 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.” 4. Learned counsel for the complainant would submit that the petitioner’s club is carrying on its recreational activities in a lawful manner and the petitioner has complied with all the conditions imposed by this Court in the order. Further he submits that the respondent/accused without registering any criminal case against the petitioner, physically forced him to close the club, which would amount to disobedience of the order of this Court. 5. On going through the contempt petition papers as well as submission of the learned counsel for complainant, we are of the view that except issuing legal notice, there is no material to substantiate the statement of the complainant. Therefore, this Court, on mere assertion of the petitioner, - 5 - NC: 2025:KHC-D:4681-DB CCC No. 100077 of 2025 cannot take cognizance of the alleged complaint, if taken would result in serious consequences. To issue notice in a contempt proceedings, there shall be some material to indicate prima facie disobedience of order. When there is no prima facie material, even to allege disobedience, we are not inclined to issue notice. Accordingly, the contempt petition stands rejected. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 13