Karnataka High Court
Champ Of Aces vs The State Of Karnataka on 2 November, 2023
Bench: M.Nagaprasanna
-1-
NC: 2023:KHC:38928
WP No. 23884 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 23884 OF 2023 (GM-POLICE)
BETWEEN:
CHAMP OF ACES
A SOCIETY REGISTERED
UNDER THE PROVISIONS OF
THE SOCIETIES REGISTRATIONS ACT, 1960
HAVING ITS REGISTERED OFFICE
AT #41, 4TH BLOCK, 17TH MAIN,
100 FEET ROAD, KORAMANGALA,
BANGALORE - 560 034.
REPRESENTED BY ITS MEMBER,
SRI. HARISH S.,
...PETITIONER
(BY SRI. SOMEGOWDA A.N., ADVOCATE)
Digitally signed AND:
by PADMAVATHI
BK
Location: HIGH 1. THE STATE OF KARNATAKA,
COURT OF
KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY,
AMBEDKAR VEEDHI, VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE COMMISSIONER OF POLICE,
#2, ALI ASKER ROAD, VASANTH NAGAR,
BANGALORE - 560 051.
3. THE STATION HOUSE OFFICER,
KORAMANGALA POLICE STATION
-2-
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WP No. 23884 of 2023
LTP ROAD, MAJESTIC GANDHINAGAR,
BANGALORE - 560 009.
4. THE CENTRAL CRIME BRANCH
COTTONPET MAIN ROAD, SULTANPET,
BAKSHI GARDENS CHICKPET,
BANGALORE - 560 053.
REPRESENTED BY
JOINT COMMISSIONER (CRIME).
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INTERFERE WITH THE LAWFUL
BUSINESS ACTIVITIES BY CONDUCTING RECREATIONAL
ACTIVITIES IN GAME OF SKILL SUCH AS PLAYING CHESS,
CAROM, SNOOKER, BY THE PETITIONERS BY ELECTRONIC
COIN GAMES, PENTASTIC-3, THREE DIES BOWLING (NEWLY
KNOWN AS SKILLED ELECTRONIC GAME), POKER, WALL GAME,
SIX COLOUR GAMES, RUMMY ETC., TO ITS MEMBERS, IN THE
PREMISES OF THE PETITIONER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Some Gowda A.N., learned counsel appearing
for the petitioner and Sri. Manjunath K., the learned HCGP
appearing for the respondents.
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WP No. 23884 of 2023
2. The petitioner is before this Court, seeking for the
following prayers:
"(a). Issue a writ/order/directions in the nature of
mandamus thereby directing the respondents not
to interfere with the lawful business activities by
conducting recreational activities in game of skill
such as playing chess, carom, snooker, by the
Petitioners by electronic Coin Games, Pentastic-3,
Three Dies bowling (Newly known as Skilled
Electronic Game), Poker, Wall Game, Six Colour
Games, Rummy etc. to its members, in the
premises of the Petitioner.
(b) Issue a writ/directions/order in the nature of
mandamus thereby directing the Respondent snot
to insist the Petitioner to procure license either
under the provisions of the Karnataka Police Act,
1963 or under the provisions of the Licensing and
Controlling of places of Public Amusement Order.
(c) Issue any other writ or order or directions as this
Hon'ble Court deems fit in the circumstances of
the case in the interest of justice and equity."
3. The learned counsel appearing for the petitioner
would submit that the issue in the lis stands covered by the
judgment rendered by a Co-ordinate Bench in the case of
TILT ROOM-2 Vs. STATE OF KARNATAKA AND OTHERS.1, the
Co-ordinate Bench has held as follows:
"Heard the learned counsel for the petitioner and
learned High Court Government Pleader.
2. The petitioner is before this Court praying for
issuance of a writ of mandamus thereby directing the
W.P.No.20532/2023 disposed on 20.09.2023
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WP No. 23884 of 2023
respondents not to insist upon the petitioner to obtain
license for the recreation activities conducted by the
petitioner in the schedule premises either under the
Karnataka Police Act, 1963 or under the Licensing and
Controlling of the Places of Public Amusement Order,
1970.
3. Learned counsel for the petitioner would
submit that, this Court in similar matters has been
pleased to dispose of the writ petitions granting the
relief.
4. Learned High Court Government Pleader
would submit that the writ petition could be disposed of
in terms of the order passed by this Court on 28.11.2018
while disposing of W.P.No.50923/2018.
5. The submission of the learned High Court
Government Pleader is placed on record. If any illegal or
unlawful activities are conducted or permitted in the
petitioner's premises, it is always open for the
respondents to initiate such action as permitted under
law.
6. The learned counsel for the petitioner has
brought to the notice of this Court a judgment passed by
the Division Bench of this Court at Kalaburagi, in
W.A.No.20090/2015 in the case of D.V.R. Recreation
Club Vs State of Karnataka, disposed of on 27.06.2016
and further order issued on a review petition in the same
matter on 19.10.2016. In view of the subsequent
directions issued by the Hon'ble Division Bench, the
present writ petition is disposed of with the following
directions:
a. 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 game/s is/are played by the
members. The CC TV footage of at least
prior 15 days' period shall be made
available by the petitioner, to the police, as
and when called upon to do so.
b. 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
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police, during the raid(s) and surveillance
etc.
c. 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,
except games of skills.
d. 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 any of the
game/s played is/are contrary to any law
and in violation of the settled practice, it is
open for them to take action against
petitioner and the offenders, in accordance
with law.
e. 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.
f. The respondents are directed not to
interfere with the lawful recreational
activities carried on by the members of the
petitioner - Club/Association.
g. 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.
Ordered accordingly."
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4. In the light of the issue standing covered by the
judgment rendered by a Co-ordinate Bench and the facts being
undisputed, the petition stands disposed on the same terms.
Ordered accordingly.
Sd/-
JUDGE
JY
CT: THK
