IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.36264 OF 2019 (GM-POLICE) BETWEEN:
DEFENDERS CLUB JOGFALLS ROAD, NEAR VARADAHALLI CIRCLE, LOHIYANAGARA, SAGARA TALUK SHIVAMOGGA DISTRICT-577 401 REPRESENTED BY ITS SECRETARY, SHRI G.S. YUDISTIRA S/O G.S. SHANUMUGAPPA, AGED ABOUT 29 YEARS.
(BY MR.PRASAD B S, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE-560 001.
2. SUPERINTENDENT OF POLICE SHIMOGA DISTRICT, SHIMOGA-577 201 3. DEPUTY SUPERINTENDENT OF POLICE SHIMOGA DISTRICT, SHIMOGA-577 201 4. POLICE SUB INSPECTOR SAGARA POLICE STATION, SHIMOGA-577 201 (BY MR.VIJAY KUMAR A PATIL, ADV.) … PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN THE RESPONDENTS AND THEIR SUBORDINATE OFFICIALS FROM INSISTING ON THE PETITIONER CLUB TO OBTAIN LICENSE TO RUN THE RECREATION CLUB; AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Prasad B.S., Learned counsel for the petitioner. Mr.Vijay Kumar A Patil, learned Additional Government Advocate for the respondent.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks a writ of mandamus declaring that the petitioners and their members are entitled to play games like Rummy, Andhar Bahar, Carom, Chess are skilled games and that they do not contravene any provision of the Karnataka Police Act and playing of such skilled games do not amount to any offence under the provisions of the Karnataka Police Act and consequently restrain Respondent Nos.2 to 4 from causing any interference or obstruction in conduct of playing games in the premises of the petitioners.
3. When the matter was taken up today, learned counsel for the parties submit that the controversy involved in the instant writ petition is squarely covered by an order dated 19.10.2016 in Review Petition No.200029/2016.
4. In view of the aforesaid submissions and with a view to maintain parity, writ petition is disposed of with the following conditions:
(i) The petitioner shall install within a period of six weeks, CC TV cameras, at 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 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 concerned police, during the raid(s), survelliance, 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 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.
(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 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 take action against the 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’s – 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 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/- JUDGE SS