IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30145 OF 2019 (GM-POLICE) BETWEEN:
HEMASRI SPORTS AND CULTURAL ASSOCIATION, SRINIVASA BUILDING, NO.48, NAYANDANAHALLI MAIN ROAD, NEAR RAILWAY GATE, MYSORE ROAD, BENGALURU-560039.
REP. BY ITS PRESIDENT, SRI. GOPALA, S/O. VENKATAPPA, AGED ABOUT 36 YEARS, NO.8/5, 3RD CROSS, TIGALARA LAYOUT, NAYANDANHALLI, BENGALURU-560039. ... PETITIONER (BY SRI. MUNI REDDY.M.N, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY HOME DEPARTMENT, BENGALURU-560001.
2. THE COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU -560001.
3. THE DEPUTY COMMISSIONER OF POLICE, UPPARPETE, POLICE STATION BUILDING, BENGALURU -560009.
4. THE ASST. COMMISSIONER OF POLICE, LAW & ORDER, BYATARAYANAPURA, BENGALURU -560098.
5. INSPECTOR OF POLICE, CHANDRA LAYOUT POLICE STATION, BENGALURU -560039.
... RESPONDENTS (BY SRI.B.BALAKRISHNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT SHALL NOT INSIST THE PETITIONER FROM PRODUCTION OF LICENCE UNDER THE PUBLIC AMUSEMENT ORDER AND SHALL NOT INTERFERE WITH THE ACTIVITIES OF THE CLUB AS LONG AS CARRIES ON ACTIVITIES PERMITTED BY LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Muni Reddy.M.N, learned counsel for the petitioner.
Sri. B. Balakrishna, learned Additional Government Advocate for the respondents.
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 petitioner and its 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 5 from causing any interference or obstruction in conduct of playing games in the premises of the petitioner.
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 games are played by the members. The CC TV footage 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.
(ii) The petitioner shall issue identity cards to all its members, which shall be produced by the members, when called upon by the concerned police, during the raids, surveillance, etc.
(iii) The petitioner shall not permit any activity by any of its members, by indulging in acts of amusement, falling within the definition of Ss.2(14) & 2(15) of the Act and shall not permit any games of chance as per Explanation (II) of Sub-section (7) of Section 2 of Karnataka Police Act, 1963. The members shall not be allowed to play any kind of games with stakes or make any profit or gain out of the games played.
(iv) The petitioner shall put proper mechanism in place and shall ensure that no games is played in any unlawful manner by the members. If the jurisdictional police find the games played 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 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 members of the petitioner are found to have indulged in any unlawful or immoral activities.
No order as to costs.
Sd/- JUDGE BNV