IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.3497-3498 OF 2019 (GM-POLICE) BETWEEN:
1. Members Recreation Association Club, No.1/9, Banakal Village, Moodigere Taluk, Chikkamagaluru District – 577 113. Represented by Mr. Srikanth, Member of the Club.
2. Mr. Srikanth K.P., S/o Puttegowda, Aged about 43 years, D.No.105-1, Kudahalli, Mudigere Taluk, Chikkamagaluru District – 577 113. (By Sri. Akash B. Shetty, Advocate) AND:
1. The Director General and Inspector General of Police, Police Head Quarters, Nrupatunga Road, Bengaluru – 560 001.
2. The Superintendent of Police, Office of Superintendent of Police, … Petitioners SH-57, Vijaya Nagar, Chikkamagaluru – 577 101.
3. The Deputy Superintendent of Police, Mudigere Division, Chikkamagaluru – 577 113.
4. The Circle Inspector of Police, Banakal Division Mudigere, Chikkamagaluru – 577 113.
5. The Sub-Inspector of Police, Banakal Police Station, Mudigere, Chikkamagaluru – 577 113.
… Respondents (By Sri. Vijaykumar A. Patil, AGA) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct respondent Nos.1 and 5 to not to interfere in the smooth functioning of the club in conducting skill games like Cards (Rummy), Six Colour Pin Games and Poker Played in computerized electronic machines (video games) for stakes as per the above mentioned Court orders, and etc.
These Petitions coming on for preliminary hearing, this day, the Court made the following:-
ORDER Sri. Akash B. Shetty, learned counsel for the petitioners.
Sri. Vijaykumar A. Patil, learned counsel for the respondents.
Petitions are admitted for hearing. With the consent of the parties, the same is heard finally.
2. In these petitions, petitioners inter alia seeks a direction to the respondents not to interfere in the smooth functioning of the club in conducting skill games like cards (Rummy), Six Colour Pin games and Poker played in computerized electronic machines (video games) for stakes.
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 petitions are disposed of with the following conditions:
(i) The petitioner-club 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-club 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-club 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-club 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-club 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- club is/are found to have indulged in any unlawful or immoral activities.
No order as to costs.
Sd/- JUDGE Mds/-