IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.7909/2019(GM-POLICE) BETWEEN:
KALPATARU RECREATION ASSOCIATION I B CIRCLE, NEAR FIRE OFFICE, TIPTUR, TUMKUR – 572201.
REPRESENTED BY ITS SECRETARY B. P. SURESH, S/O PUTTEGOWDA, AGED ABOUT 42 YEARS R/O NO 558, 15TH CROSS, HOUSING BOARD, KUVEMPUNAGARA, HASSAN – 573201. ... PETITIONER (BY SRI GIRISH B. BALADARE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA BANGALORE - 560001 2. THE SUPERINTENDENT OF POLICE TUMKUR DISTRICT TUMKUR - 572201 3. THE DEPUTY SUPERINTENDENT OF POLICE TIPTUR, TUMKUR DISTRICT, TUMKUR - 572201 4. THE CIRCLE INSPECTOR OF POLICE TIPTUR CIRCLE, TIPTUR, TUMKUR - 572201 5. THE SUB INSPECTOR OF POLICE TIPTUR TOWN POLICE STATION, TIPTUR , TUMKUR DISTRICT - 572201 ... RESPONDENTS (BY SRI VIJAY KUMAR. A. PATIL, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOT INSIST THE PETITIONER TO OBTAIN ANY LICENSE TO CARRY ON LAWFUL ACTIVITIES INCLUDING THE RUMMY IN THE PREMISES OF THE PETITIONER EITHER UNDER THE LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER OR UNDER THE KARNATAKA POLICE ACT AND NOT TO INTERFERENCE WITH THE RECREATIONAL AND OTHER LAWFUL ACTIVITIES CARRIED ON IN THE PETITIONERS IN ANY MANNERS AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Girish B. Baladare, learned counsel for the petitioner.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for the respondents.
Petition is admitted for hearing. With the consent of the parties, it is heard finally.
2. In this petition, petitioner inter alia seeks a direction to the respondents not to interfere in the day-to-day recreational activities carried by the petitioner-association at the petitioner’s premises and not to insist upon the petitioner to obtain the licence to carry on lawful activities in the premises of the petitioner’s association.
3. When the matter was taken up today, learned counsel for the parties submit that the impugned order in the writ petition is squarely covered by an order dated 22.02.2016 in W.P.No.101799/2016.
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 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 within a period of six weeks. 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 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 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.
(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’s – 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 is/are found to have indulged in any unlawful or immoral activities.
No order as to costs.
Sd/- JUDGE rs