IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05th DAY OF AUGUST 2019 BEFORE THE HON’BLE Mr. JUSTICE ARAVIND KUMAR WRIT PETITION No.30044 OF 2019 (GM-RES) BETWEEN:
SHREE SIDDIVINAYAKA RECREATION ASSOCIATION, SY. NO. 263-2, JIGALA VILLAGE, ATTIBELE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE-562 107.
PRESIDENT MR. NARAYANA REDDY, AGED ABOUT 63 YEARS. ... PETITIONER (BY SRI.SHARATHKUMAR SHETTY, ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001.
2. THE SUPERINTENDENT OF POLICE, BANGALORE RURAL DISTRICT-562 107.
3. THE DEPUTY SUPERINTENDENT OF POLICE, BANGALORE RURAL, BANGALORE RURAL DISTRICT-562 107.
4. THE CIRCLE INSPECTOR OF POLICE, ATTIBELE, BANGALORE RURAL DISTRICT-562 107.
5. THE INSPECTOR OF POLICE ATTIBELE, BANGALORE RURAL DISTRICT-562 107. ... RESPONDENTS (BY SMT.PRATHIMA HONNAPURA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN THE LICENSE TO CARRY IN LAWFUL ACTIVITIES IN THE PREMISES OF THE PETITIONERS ASSOCIATION EITHER UNDER THE LICENSING AND CONTROLLING OF THE KARNATAKA POLICE ACT AND NOT TO INTERFERE IN THE PLAY OF SKILL FANTASTIC-3, SIX COLOR GAME, CHESS, SNOOKER, RUMMY, POKER, ELECTRONIC COIN GAMES, CAROM, BILLIARDS, ETC., WHICH ARE THE GAMES OF SKILL.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt Prathima Honnapura, learned Additional Government Advocate accepts notice on behalf of respondent Nos.1 to 5.
2. Petitioner is before this Court seeking for issue of mandamus or any other appropriate writ in the manner as has been sought in the petition.
3. The issue which has been raised in the present petition has already been considered by this Court in W.P.No.30071/2014 dated 15.10.2014 (The Media N Members Club vs. State of Karnataka and Others) whereunder the petition was 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 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.”
In that view of the matter, this writ petition stands disposed of in the aforesaid terms.
Smt Prathima Honnapura, learned Additional Government Advocate is permitted to file memo of appearance within three weeks.
Sd/- JUDGE bnv*