IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.54909 OF 2018 (GM-POLICE) BETWEEN:
N. C. Puttaraju, S/o Chikkamoga, Aged about 42 years, President of M/s. Sri. Nilagiri Gangamma Recreation and Sports Club, Having registered office at Neelakantana Halli, Kasaba Hobli, Aluru Post, Maddur Taluk, Mandya District – 571 434.
(By Sri. Lakshmikanth K, Advocate) AND:
1. The State of Karnataka, By Maddur Police Station, Represented by Inspector of Police, Maddur, Mandya – 571 434.
2. The Superintendent of Police, Mandya District, Mandya – 571 434.
(By Sri. Vijay Kumar A. Patil, AGA) … Petitioner … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-1 and R-2 not to disturb the petitioner in carrying Carom, Chess, Table Tennis, Kabbadi, Skill Games Sports activities in the name of style of M/s. Sri. Nilagiri Gangamma Recreation and Sports Club in the premises as stated in Certificate of Registration dated 22.09.2015 at Annexure-B and etc.
This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Lakshmikanth K, learned counsel for the petitioner.
Sri. Vijay Kumar A. Patil, learned AGA for the respondents.
Petition is admitted for hearing. With the consent of the parties, it is heard finally.
2. In this petition, petitioner interalia seeks a direction to respondent Nos.1 and 2 not to disturb the petitioner in carrying Carom, Chess, Table tennis, Kabbadi, skill games, sports activities in the name and style of M/s. Sri. Nilagiri Gangamma Recreation and Sports Club in the premises as stated in the certificate of Registration dated 22.09.2015 at Annexure-B.
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 20.08.2018 in W.P.No.34410/2018.
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 all the places of access to its members and also at all the places, wherein games(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 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 police find that game(s) played is contrary to any law and in violation of the settled practice, it is open to 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.
No order as to costs.
Sd/- JUDGE Mds/-