Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 47451 (KAR)

ANAND RECREATION ASSOCIATION v. SHRI NAGAPPA BHOVI

CCC/100078/2025 · 2025-03-18

C M Poonacha, S G Pandit

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:4920-DB CCC No. 100078 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH 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.100078 OF 2025 BETWEEN: ANAND RECREATION ASSOCIATION, SHIVAJI CHOWK, SIRSI, BY ITS PRESIDENT, TQ. SIRSI UTTAR KANNADA DISTRICT, PIN-581401. …COMPLAINANT (BY SRI S.P. KANDAGAL, ADVOCATE) AND: 1. SHRI NAGAPPA BHOVI, AGED 37 YEARS, POLICE SUB-INSPECTOR, SIRSI TOWN PS, SIRSI-581401, UTTAR KANNADA DISTRICT. 2. SHRI SHASHIKANT VERMA, AGED 46 YEARS, CIRCLE POLICE INSPECTOR, SIRSI-581401, 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 (BY SRI MADANMOHAN M.KHANNUR, AGA FOR PRO-FORMA RESPONDENT) Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4920-DB CCC No. 100078 of 2025 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 29-9-2021 IN WRIT PETITION NO.103677/2021 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 complainant had filed this contempt petition complaining disobedience of order dated 29.09.2021, passed in W.P No.103677/2021. 2. 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 within a period of six weeks. The CCTV footages of at least prior 15 days’ period shall be made available by the petitioner, to the jurisdictional police, as and when called upon to do so. - 3 - NC: 2025:KHC-D:4920-DB CCC No. 100078 of 2025 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 for 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. - 4 - NC: 2025:KHC-D:4920-DB CCC No. 100078 of 2025 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 are found to have indulged in any unlawful or immoral activities.” 3. It is the grievance of the complainant that inspite of the above directions, the respondent forcibly closed the petitioner’s club activities, which would amount to disobedience of the directions issued by this Court. To substantiate the complaint, the complainant has not placed on record any material except legal notice (Annexure-B dated 12.08.2024). In the absence of any material, only on mere statement of the complainant, cognizance of contempt cannot be taken. At present no case is made out to issue notice in this proceedings. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 7