IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.50485 OF 2019 (GM-POLICE) BETWEEN:
M/s. Malenadu, Recreation Association Chadaga Farm, No.218, Pataguppa Road, Kaloru Grama, Hosanagara Taluk, Shivamogga District.
Represented by its Secretary Sri. Subramanya (By Sri. Raju S., Advocate) AND:
1. State of Karnataka, Rep. by its Secretary, Home Department, Vidhana Soudha, Dr. Ambedkar Veedhi, Bengaluru-560001.
2. The Superintendent of Police, Shivamogga District, Shivamogga-577201.
... Petitioner 3. The Deputy Superintendent of Police, Thirthahalli, Shivamogga District -577201.
4. The Circle Inspector of Police, Hosanagara, Shivamogga District-577201.
5. The Sub Inspector of Police, Hosanagara Shivamogga District-577201.
6. The Superintendent of Police, District Crime Investigation Bureau Shivamogga Shivamogga District-577201. (By Sri. K.Dilip Kumar, ACGP) ... Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that the respondent police have no authority to insist the petitioner to obtain permission of license as required under Section 79 and 80 of the Karnataka Police Act, 1963 as such as an interference is to be declared as illegal and invalid and by declaring that the permitted indoor and outdoor games are concerned, to carry on recreational and other lawful activities like Rugby, Kabbadi, Fantastic Three Video Games, Cricket, Hockey Volley-Ball, Wall Game, Wall Ball, Computers Game, Poker Table Tennis, Darts Game, Ping Pong Ball Game, Recreation and other all skilled games except Gambling, Spots, Adventure Programmers, Social Educational Cultural And Recreational Activities And Conduct Taluk District And State Level Motor Race Chess, Carom Fantastic-Iii, Played With 3 Dice Ball, Dart Games, Electronic Coin Games Table Tennis, Cards (Rummy) Snooker, Pool Game, Billiards, Joker Bonus Games Six Colour, Skill Game And Other Indoor And Outdoor Games in the petition schedule premises, etc.
This Writ Petition coming on for preliminary hearing this day, the court made the following:
ORDER Sri K. Dilip Kumar, High Court Government Pleader is directed to take notice for respondents.
2. The petitioner in the above writ petition has sought for a direction to the respondents 2 to 6 not to insist upon the petitioner to obtain license for the play of motorcycle race, chess, carom, Fantastic-III played with 3 dice ball, dart games, electronic coin games, table tennis, cards (Rummy), snooker, pool game, billiards, joker bonus games, six colours, skill games and other indoor and outdoor games in the petition schedule premises.
3. It is contended by the petitioner that it is an Association registered under the Karnataka Societies Registration Act, 1969. The object of the Association is to provide facilities for recreation and entertainment such as conduct outdoor and indoor games like motorcycle race, chess, carom, Fantastic-III played with 3 dice ball, dart games, electronic coin games, table tennis, cards (Rummy), snooker, pool game, billiards, joker bonus games, six colours, skill games and other indoor and outdoor games. The respondent 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, the petitioner is before this Court for the relief sought for.
4. I have heard the learned counsel for the parties to the lis.
5. Sri Raju S, learned counsel for the petitioner, reiterating the grounds urged in the writ petition, contended that the petitioner is running recreational activities and is not indulged in any illegal activities and therefore, respondents cannot insist or interfere with the petitioner’s legal activities. The conduct of the respondents is illegal and therefore, sought to allow the writ petition.
6. Per contra, Sri K.Dilip Kumar, learned High Court Government Pleader submits that the respondents will not interfere with the recreational activities of the petitioner, if conducted legally. Only if the petitioner indulges in illegal activities, then the respondents will take action in accordance with law. The said submission is placed on record.
7. In view of the above, the present writ petition is disposed off 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.
(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.
SD/- JUDGE KMV*