-1- IN THE HIGH COURT OF KARNATAKA AT BANGAI;O:§ES~~T_ _ DATED THIS THE 28TH DAY OF OCTOBF/R~i6i'C"\~' I. THE HON'BLE MRJUSTICE 7 WRIT PETITION NO.2SS:74.(20O'SV.rCIA-POLICE)., B ETWEEN: 1. * . V DAVANA.CERE x V' V. I'. VAJRA RECREATIONIASSOCL*\T-ION _ (REGD) SOCIETY, * No.22, ROD,' S BEHIND RAN_CANA;TH_, PJBADAVANE, .f ' ' DAVA1'éTAGE--RE" _J ~. _ '_ REP.BY'-ITS I%,RESiD.ENfI*,.. " S gt O ummg . SHRI.._SUBHA,N " EDITOR "VAJ RA' KANNADA WEEKLY ;1025 1 / 1, -251D' 'CROSS NAGAR; ..... .. - . ' PE'I'I'I'IONERS -~£E3:-S';-I M/S PATEL AND PATIL, ADVS) ' ,SUI>ERINTENDENT OF POLICE = . _ DAVANAGERE. DEPUTY SUPERINTENDENT OF POLICE DAVANAGERE CTEY, DAVANAGERE. W 3. CIRCLE INSPECTOR OF POLICE CENTRAL CIRCLE DAVANAGERE. 4. SUB INSPECTOR OF POLICE, _ EXTENSION, 7 " POLICE STATION, DAVANAGERE. 5. SHR1 M C DASHRATHMURFIIII. CIRCLE INSPECTOR DAVANAGERE C1TY'.~..V_ 5. SHRIKTGURURAJ . I SUB INSPECTOR _ V. A EXTENSION FOLICZE STATION; j V DAVANAGEREJ , V.'..'RESPONDENTS (By sri E SiNG'1=l, xH»CG"I%.; FOR R1 ~51 " I THISFILED UNDER ARTICLES 226 & 22_7_V OF "'FIIEVC.ONs'FrfU'1'ION OF INDIA PRAYING T0 _R1 FROM INTERFERING WITH THE M mwF'IIL ._ACTIvI2IEs OF VAJRA RECREATION CI'-ASSOC1A§TIvON'.I~.£REGD) SOCIETY, NO.22, EvI DAVANCFRE-2. -- C-EFOUP THIS OAS}, THE COURT MADE THE FOLLOWING: BEBIINO RANGANATH HARDWARE PJ BADAVANE, 'JFHIS PETITON COMING ON FOR PRHEARING IN 'B' ORDER
Learned Government Pieader files staternerfii of ~
objections on behalf of respor1t1ents…a1_ong_–‘\§ifitti:;}t;1nexusresv
R-1 to R5. The same is taken on re”cord_;’i A. if
2. The petitioners are’-before .th_is’ ”
direction to respondents 1 to”Si’*to”~-.restrain-..them from
interfering with their first petitioner
society. H
3. emf fa’ot.s'”ieadirigjto”‘thi’s are as under:
First ‘ *lpe*;;itionfei* registered society under the
Karnatakpaf’ éfsocietieso Act registered for the
purpose of creating ‘promoting sportive spirit among its
by providing’ facilities of playing indoor games,
such.a-Qhessfcarom, table tennis, card of rummy, jackpot,
biiliarfdsv if-‘iit1ey also specifically say that no games of
Q chance or eVents’of public amusement are conducted in their
“..ji=.premises. It is their case that on 16.9.2009 at about 4.30
5″” respondent along with respondents 3 and «<1
if Wconducted raid on the premises of 1*'-1 petitioner on false
accusation that the members of 13* petitioner society are
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indulging in unlawful activity of playing
game. In the process, he seized the propexftiiesiig 0-
Rs.18,890/»~ cash, 260 playing card_s,..3__3 m;:bi1e’gai:ehesf,.VVe0_
plastic chairs, 1 T.V, 1 table. 2 :3:
small stools. Thereafter, he fil_ed__F’IR”‘against’2fi{3g:.petiti.oner
under Sections 79 and 80 of the___i{arnattaka “Follicle
4. In the said 3(a) which
refers to occurre:’i:ce_ of time, it is stated
that the off€e1’lrf!e4__ .§.}n.. on 16.09.2009.
In the said stated that information of
offencegwas’ station at 7.30 p.m., on
16.o9.2oo9r’_’_e_-ed entered into general diary at
7.30 “i’heV”pa_,r1chariama said to have drawn in respect of
.Atl1e,conci’ucted on the premises of W’ petitioner is drawn
5 p.m. and 7 which is at
Ann’exure¥H;”‘ states that on the same day after getting
.Tir1fo_rrnation regarding some illegal activity going on in the
i ‘premises of 1*” petitioner, 591 respondent with posse of police
-«raided the premises of 15′ petitioner at 4.45 p.m., seized the
articles referred to above and arrested 2″” petitioner.
“””‘\
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5. The counsel for petitioner bring to the notice of this
court the copy oi complaint given by the 2nd petitioner
respondent, wherein he has made serious allegations ~
the way in which respondents 2 to _5~haVe behaireid; it V’
on 16.9.2009 and also the earlier’:.ninsta1’ices~_W3’ierex i’i1eg}:ij
demand for graft is made ‘o_V\_(v””respontierits .3’I’he
contents of said complaint and__ai_icgations rnadpe therein are
too serious in nature to”–b’e.igno-red ‘4b3fp’vihigher officer, much
less ist respondent-4 _ V
statement of the said objections, there is an
attempt tovaissert “(:o:ndiict of respondents 2 to 6 on
n_ 16.932009 and aiso____on earlier occasions regarding the raid
‘C,!()VE1€1i1Ct_vC”(“l on””th_e premises of 151 petitioner and registration
“of:AF’I–R petitioner. In the objections statement filed
by respondents though the respondents tried to substantiate
therconducted by them the essential document which
“empowers them to conduct raid that is the warrant to be
“issued under Rule 81(2) of Karnataka Police Rules is not
produced. However, at the time of arguments, for the first
‘We
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time, learned Government Pleader brings to the noticeVVof’_’t.’1is
court a copy of the warrant said to have__§’_’issii.ed_: _
1.6.9.2009. Interestingly, the said warrant does
the date and time of inforrnation: the
issuing such warrant regairiing alle’ged’:4_v.offence
committed by petitioners and alHs’o_’does not say and at
what time the Warrant issiied. ~
7. If thecopy d:atedV~ 1«e.”o9.2oo9, the FIR
which is at. the efpanchanama, which is at
Annexiiteeflilllare :ii;«:;;_)1.:ed_j’in:to,fi it.._is.5seen that the allegation
made by 9′ the ” the raid conducted by
respondents-._i2~vto’ is cannot be disbelieved. The
cor_1t.i*«%adi__ctions vifhich…are seen in the said documents speak
‘v,olume,’a’bouitA”‘the behaviour and conduct of respondents 2
t’ol«.G.W made in complaint dated 19.9.2009,
Annexni’e–J also supports the contention of petitioners.
9 » ‘T 8. The counsel for petitioner submits that immediately
after charge sheet was filed, he had filed criminal petition
V Keefe;-e this Court in Crl.P.No.4842/2009 {D.D.9.12.2009]. In
“*1
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Court observes that the allegation of illegal activity
in 1st petitioners premises on .
respondents after getting information of
iiiegality and irregularity in petitio:ners_—premises’
raid after obtaining warrantf as the.,.Governnient_Header’
tried to substantiate before Court;’– to be
concocted. It is respondents while
conducting the raid has_not_ to seize the
money used aJl.eged_act used for the
game like They appear to have
seized otherlarticie from the premises
of petitioner without” “ju:s’ti’fsication.
The <'–$n'ti.r_e__yexercise of respondents 2 to 6 in this
but an act of extortion by respondents 2
t'oi.6' gratification and the conduct of 1st
respondenthin not looking into the complaint of 2nd petitioner
riated 19.9.2009 and not conducting an enquiry into the
and not taking any action in this behalf further
it "strengthens the contention that he is also supportive of that.
Therefore, this Court strongly note that the entire conduct of
'*1
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respondents 2 to 6 does not infuse any confidence ‘this
Court about the legitimacy oi’ raid conducted by the_ti_”i.onj;!
petitioner premises on 16.09.2009.
11. However, it suffice to say
State Government shall hold 4_enqu1’ry0 into tleei *’
conducted by respondents Ir§~_thg..V-iprerrflses of
petitioner and submit’ report findings of
such enquiry and actionpgtaken 2 to 6 in
this behalf a_§id”‘s_ubn1iit court within 3
months dated 16.09.2009
involving’ in fact several such instances
have aisollllcsrne to._the”11o€ice of this Court by way of writ
})etiti’onsA,’ where’ii–1.s_e_rious allegations are made against the
‘p:t)’l’iC€ rig12t’frorn_’Constable to that of Commissioner of Police
‘cofiauc’fing: raids on these clubs in the guise of
‘V controllinghalleged illegai and irregular activity conducted in
such. clubs which are more in the nature of extortion. The
lg-{orne secretary is directed to issue necessary guidelines
“regarding the procedure to be followed by the officer before
conducting such raid and the nature of materials to be
Q ‘*1
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seized in such raid. The Home Secretary should also
nominate a designated officer to receive comp1aints”*aga_.ir1st
the excesses committed by the police in the guisclofll .
to monitor the same. _
12. With these observations
petition is disposed of. While disposing of l’ V
the Home Secretary is also to-.ppsuitablyinstruct its
officers not to take either against the
petitioners or pe:fso.ns vghici in bringing to
the notice illegal::.hi.ghlhan(led behaviour of
police to send a copy of this
order to ‘Horne proper implementation of
direcftion;~ issuedin this order with reference to holding of
.enqni1ylagpai.nstrespondent 2 to 6 and to submit his report
time and aiso to implement other
directions. “V “V W
35/23
Judge”
…_Nd/v