IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE 2017 BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI W.P.No.26670 OF 2017 [GM-POLICE] BETWEEN SRI GAJANANA SPORT AND CULTURAL ASSOCIATION SHOP NO-110 (SELLER), BDA COMPLEX NEAR 22ND MAIN ROAD (OLD NO-21ST MAIN) BSK 2ND STAGE, BANGALORE 560 070 REPRESENTED BY ITS SECRETARY MR.MALLESH K.M.
S/O MALLIKARJUNA GOWDA. …PETITIONER (BY:SRI K.SWAMY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BANGALORE 560001.
2. THE COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE 560 001.
3. THE DEPUTY COMMISSIONER OF POLICE SOUTH DIVISION, BANGALORE 560 004.
5. THE ASSISTANT COMMISSIONER OF POLICE SOUTH DIVISION, BANGALORE 560 004.
6. THE INSPECTOR OF POLICE BASAVANAGUDI POLICE STATION BANGALORE 560 064. ... RESPONDENTS (BY:SMT.PRATHIMA HONNAPURA, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR THE PLAY OF SKILL GAMES SUCH AS LIKE SKILL GAMES, CHESS, CAROM, FANTASTIC-III, PLAYED WITH 3 DICE, DICE BALL, DART GAMES, TABLE TENNIS, CARD (RUMMY) POKER, SNOOKER, POOL GAMES, BILLIARDS, PING PANG, JOKER BONUS GAMES AND OTHER INDOOR AND OUTDOOR GAMES FOR THE BENEFIT OF ITS MEMBERS AND ALSO SOCIAL SERVICE AND ETC. BEING RUN UNDER THE NAME AND STYLE OF SRI GAJANANA SPORT AND CULTURAL ASSOCIATION, SHOP NO.110 (SELLER), BDA COMPLEX NEAR, 22ND MAIN ROAD (OLD NO.21ST MAIN), BSK 2ND STAGE, BANGALORE 560 070 EITHER UNDER THE KARNATAKA POLICE ACT UNDER THE LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT ORDER, BANGALORE CITY AND ETC.
THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt.Prathima Honnapura, the learned Additional Government Advocate takes notice for the respondents.
2. Both the learned advocates fairly and jointly submit that the matter is covered by this Court’s order, dated 3.11.2015 passed in W.P.No.45470/2015.
3. In terms of the said order, I dispose of this petition with the following order:-
“(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 are played by the members. The CC TV footage of the previous 15 days’ period shall be maintained by the petitioner at all times and shall be exhibited to the police, as and when called upon to do so.
(ii) The petitioner shall issue identity cards to all its members, which shall be produced by the members when called upon by the police, during their surveillance visits.
(iii) The petitioner shall not allow any non-members or the guests of the members, to make use of its premises for the purpose of playing any kind of games or recreational activities.
(iv) The petitioner shall not permit any activity by any of its members, by indulging in acts, falling within the definition of Ss.2(14) & 2(15) of the Karnataka Police Act, 1963 and shall not permit any games of chance as per Explanation (II) of Sub-section (7) of Section 2 of KP Act. The members shall not be allowed to play any kind of games with stakes or make any profit or gain out of the games played.
(v) The petitioner shall put in place a proper mechanism to ensure that no games are played in any unlawful manner by the members. If the police find that games played are 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 the petitioner’s premises periodically 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.
(viii) It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the KP Act and taking action in accordance with law, if the members of the petitioner are found to have indulged in any unlawful or immoral activities.”
Sd/- JUDGE VGR