IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE B.M. SHYAM PRASAD W.P. NO.1176 OF 2019 [GM-POLICE] BETWEEN:
KABAKA RECREATION CLUB [REGD] D. NO.1-49/12, 1-49[13] AND 1-49[14] KULA VILLAGE, IDIKIDU POST BANTWAL TALUK D.K. DISTRICT – 574 211 REP. BY ITS SECRETARY SRI. SHIVPRASAD S/O. LATE GURUVAPPA AGED ABOUT 41 YEARS ... PETITIONER (By Sri. B. LITHIF, ADVOCATE) AND:
1 THE STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BANGALORE – 560 001 2 THE INSPECTOR GENERAL OF POLICE MANGALURU DIVISION MANGALURU D.K. – 575 001 3 THE SUPERINTENDENT OF POLICE D.K. DISTRICT MANGALURU – 575 001 4 THE DEPUTY SUPERINTENDENT OF POLICE D.K. SUB-DIVISION MANGALURU – 575 001 5 THE CIRCLE INSPECTOR OF POLICE BANTWAL TOWN POLICE STATION D.K. DISTRICT – 574 222 6 THE SUB-INSPECTOR OF POLICE BANTWAL RURAL POLICE STATION D.K. DISTRICT – 573 116 ... RESPONDENTS (By Sri. VIJAYA KUMAR A. PATIL, AGA FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR THE PLAY OF SKILL GAMES SUCH AS KABADDI, VOLLEY BALL, CRICKET, CHESS, LUDO AND OTHER INDOOR GAMES LIKE CAROM, CARDS, RUMMY, SIX COLOR GAMES, POKER, VIDEO GAMES, AND 52 CARD GAMES, ANDHAR-BAHAR AND OUTDOOR GAMES FOR THE BENEFIT OF ITS MEMBERS AND ALSO SOCIAL SERVICES AND ETC. IN THE PREMISES OF CLUB BEING RUN UNDER THE NAME & STULE OF KABAKA RECREATION CLUB [REGD]., KULA VILLAGE, IDIKIDU POST, BANTWAL TALUK, D.K. DISTRICT, EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT ORDER AND NOT TO INTERFERE IN THE PLAY OF SKILL ORIENTED GAMES AS MENTIONED ABOVE IN THE PETITIONER’S CLUB PREMISES.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Vijaya Kumar A. Patil, the learned AGA accepts notice for the respondent No.1.
2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent No.1.
3. The petitioner in the above writ petition has sought for a direction to the respondents from interfering with day-to-day recreational activities run by the petitioner-Association in the schedule premises and for other relief/s. It is contended by the petitioner that it is an Association registered under the Karnataka Societies Registration Act, 1960. The object of the Association is to provide facilities for recreation and entertainment such as conduct of outdoor and indoor games like rummy, chess, carom, best of seven, jackpot, skilled games etc. The respondents - Police are interfering with the functioning of the Association without any legal basis. The petitioner - Association is not required to obtain any license from the respondents under any provisions of law, and therefore, prayed for the relief sought for.
5. The issues, which are similar to the present writ petition, have been considered by this Court in W.P.No.46896/2018 decided on 28.11.2018. In view of the observations made in W.P.No.46896/2018, this petition could be disposed of.
6. Accordingly, the present writ petition is disposed of with the following directions: -
(i) The petitioner shall install within a period of six weeks, CC TV cameras, at all 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 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 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.
(vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club/Association subject to the petitioner complying with the aforesaid terms of this order.
(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.
Ordered accordingly.
The learned AGA is permitted to file memo of appearance for the respondent No.1 within a period of four weeks.
SD/- JUDGE AN/-