IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.7344 OF 2019 (GM - POLICE) BETWEEN:
M/s. Sri Sai Recreation Association, Sri Sai Plaza, No.107, Near B. Narayanapura Bus Stop, Mahadevapura, Outer Ring Road, Bengaluru, Bangalore Zone – 3, K. R. Puram, Devasandra, Bengaluru Zone 3 – 560 016.
Represented by its President Sri. Y. Lokesh.
(By Sri. Raju S, Advocate) AND:
1. State of Karnataka, Represented by its Secretary, Home Department, Vidhana Soudha, Dr. Ambedkar Veedhi, Bengaluru – 560 001.
2. The Commissioner of Police, Infantry Road, Bengaluru – 560 001.
… Petitioner 3. The Deputy Commissioner of Police, Bengaluru East and West Division, Bengaluru – 560 001.
4. The Deputy Commissioner of Police, Bengaluru North and South Division, Bengaluru – 560 001.
5. The Assistant Commissioner of Police, Ashoknagar Sub Division, Ashoknagar, Bengaluru – 560 050.
6. The Assistant Commissioner of Police, The City Crime Branch, Royan Circle, N. T. Pet, Bengaluru – 560 001.
7. The Inspector of Police, Mahadevapura Police Station, Mahadevapura, Bengaluru – 560 016.
8. The Sub-Inspector of Police, Mahadevapura Police Station, Mahadevapura, Bengaluru – 560 016.
(By Sri. Vijay Kumar A. Patil, AGA) … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that the respondent police have no authority to insist the petitioner to obtain permission or license as required under Sections 79 and 80 of the Karnataka Police Act, 1963 as such as an interference is to be declared as illegal and invalid and by declaring that the permitted indoor and outdoor games are concerned, to carry on recreational and other lawful activities like Rugby, Kabbadi, Fantastic three Video Games, Cricket, Hockey, Volley Ball, Wall Game, Wall Ball, Computers Game, Poker, Table Tennis, Darts Game, Ping Pong Ball Game, Recreation and other all Skilled Games except Gambling, Spots, Adventure Programmers, Social, Educational, Cultural and Recreational activities and conduct Taluk, District and State level Motor Race Chess, Carrom, Fantastic III played with 3 dice ball, Dart Games, Electronic Coin Games Table Tennis, Cards (Rummy) Snooker, Pool Game, Billiards, Joker Bonus Games, Six Colour, Skill Game, and other Indoor and Outdoor Games in the petition schedule premises and etc., This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Raju S., learned counsel for the petitioner. Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for the respondents.
Petition is admitted for hearing. With the consent of the parties, the same is heard finally.
2. In this petition, petitioner inter alia seeks a writ of mandamus to declare that the respondent police have no authority to insist the petitioner to obtain permission or license as required under Sections 79 and 80 of the Karnataka Police Act, 1963 as such as an interference is to be declared as illegal and invalid and by declaring that the permitted indoor and outdoor games are concerned, to carry on recreational and other lawful activities like Rugby, Kabbadi, Fantastic Three Video Games, Cricket, Hockey, Volley Ball, Wall Game, Wall Ball, Computers Game, Poker, Table Tennis, Darts Game, Ping Pong Ball Game, Recreation and other all skilled games except Gambling, Spots, Adventure Programmers, Social, Educational, Cultural and Recreational activities and conduct Taluk, District and State level Motor Race, Chess, Carrom, Fantastic III played with 3 dice ball, Dart Games, Electronic Coin Games Table Tennis, Cards (Rummy) Snooker, Pool Game, Billiards, Joker Bonus Games, Six Colour, Skill Game, and other Indoor and Outdoor Games in the petition schedule premises.
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 petition is disposed of with the following conditions:
(i) The petitioner 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 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 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 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 is/are found to have indulged in any unlawful or immoral activities.
No order as to costs.
Sd/- JUDGE Mds/-