THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.36542 OF 2018 (GM-POLICE) BETWEEN:
Sneha Recreation Club, No.200, SFS-208, 2nd Floor, 4th Phase, Yelahanka New Town, Bengaluru-560 064.
Represented by its President.
Sri. Manjunath G.R. ... Petitioner (By Sri. Nataraju T., Advocate – absent) AND:
1. The State of Karnataka, Represented by its Secretary, Department of Home, Vidhana Soudha, Bengaluru-560 001.
2. The Commissioner of Police, Infantry Road, Bengaluru City, Bengaluru-560 092.
3. The Deputy Commissioner of Police, North East Division, Bengaluru-560 092.
4. The Assistant Commissioner of Police, Yalahanka Sub Division, Bengaluru-560 064.
5. The Inspector of Police, Yelahanka New Town Police Station, Bengaluru-560 064.
6. The City Crime Branch of Police, Rayan Circle, Mysore Road, Bengaluru-560 002. Represented by its Deputy Commissioner of Police. ... Respondents (By Sri. B. Balakrishna, AGA) This petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents not to insist the petitioner to obtain license under Karnataka Police Act or under licensing and Controlling of places of public amusement for playing of skill games like chess, snooker, carom, electronic coin games, pentastic-3 video games, three dies bowling (is newly known as skilled electronic game) poker, wall game, six colour games, rummy etc., in the premises of the petitioner – Association and etc.
This petition coming on for Orders, this day, the Court made the following:-
O R D E R None for the petitioner.
Sri. B. Balakrishna, learned Additional Government Advocate for the respondents.
Records perused.
2. In this petition, the petitioner inter alia seeks a writ of mandamus directing the respondents not to insist the petitioner to obtain license under Karnataka Police Act or under licensing and Controlling of Places of Public Amusement for playing skill games like chess, snooker, carom, electronic coin games, pentastic-3, video games, three dies bowling (newly known as skilled electronic game, poker, wall game six colour games rummy etc in the premises of the petitioner-Association and consequently, direct the respondents not to interfere with the activities of the petitioner-Association for the recreation of its members by playing the skilled games mentioned above in the premises of the petitioner-Association.
3. When the matter was taken up today, learned counsel for the parties submit that the controversy involved in the instant writ petition is squarely covered by an order dated 19.10.2016 in Review Petition No.200029/2016.
4. In view of the aforesaid submission 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 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 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 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.
(iv) 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.
(v) 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.
(vi) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner’s – Club/Association.
(vii) 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 BMC/-