Karnataka High Court
S L N S Sports And Recreation ... vs The State Of Karnataka on 2 November, 2023
Bench: M.Nagaprasanna
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NC: 2023:KHC:38878
WP No. 24014 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. 24014 OF 2023 (GM-POLICE)
BETWEEN:
S. L. N. S. SPORTS AND RECREATION
ASSOCIATION - GOPIKUNTE,
S NO.37/6, GOPIKUNTE,
BARAGURU POST, HULIKUNTE HOBLI,
SIRA TALUK - 572 113,
TUMAKURU DISTRICT,
REPRESENTED BY ITS PRESIDENT
SRI. SANTHOSHA G.
...PETITIONER
(BY SRI. NATARAJU T, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed by REPRESENTED BY ITS SECRETARY,
PADMAVATHI B K DEPARTMENT OF HOME,
Location: HIGH
COURT OF VIDHANA SOUDHA,
KARNATAKA BENGALURU - 560 001.
2. THE SUPERINTENDENT OF POLICE,
TUMAKURU DISTRICT,
TUMAKURU - 572 101.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
SIRA SUB DIVISION,
SIRA - 572 113,
TUMAKURU DISTRICT.
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4. THE CIRCLE INSPECTOR OF POLICE,
SIRA RURAL, SIRA - 572 113,
TUMAKURU DISTRICT.
5. THE SUB INSPECTOR OF POLICE,
PATNAYAKANAHALLI POLICE STATION,
SIRA TALUK - 572 113,
TUMAKURU DISTRICT.
6. THE CITY CRIME BRANCH OF POLICE,
RAYAN CIRCE, MYSORE ROAD,
BENGALURU - 560 002,
REPRESENTED BY ITS
DEPUTY COMMISSIONER OF POLICE.
...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO i) 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 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 PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard Sri. Nataraju T., learned counsel appearing for the
petitioner and Sri. Manjunath K., the learned HCGP appearing
for the respondents.
2. The petitioner is before this Court, seeking for the
following prayers:
"i. Issue a writ in the nature 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 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.
ii. Issue a writ in the nature of Mandamus directing
the respondents not to interfere with the activities
of the petitioner - Association for the recreation of
its members by playing the skilled games like
chess, Dart Game, snooker, carom, electronic coin
games, video games, poker, wall game, rummy,
etc. in the premises of the petitioner - Association.
iii. Pass such any other orders or directions, as this
Hon'ble Court deems fit in the facts and
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
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HIGH END SNOOKER CENTRE AND CULTURAL CLUB Vs. STATE
OF KARNATAKA AND OTHERS.1, the Co-ordinate Bench has
held as follows:
"Heard Shri Venkataramana K.S., learned
advocate for the petitioner and Shri M.Vinod Kumar,
learned AGA for the State.
2. Petitioner runs a club. His grievance is, Police
authorities are harassing him.
3. Shri. Venkataramana submitted that this Court
in The Media N Members Club Vs. State of Karnataka and
others (W.P.No.30071/2014 decided on 15.10.2014) has
issued certain directions and petitioner would be satisfied
if a similar order is passed in this case.
4. Learned AGA, on instructions, submitted that
this Court by following the earlier judgment in Chelooru
Merchant and Official Recreation Vs. The Government of
Karnataka, by its Secretary and others
W.P.No.31043/2014 decided on 09.10.2014) has issued
certain guidelines. 5. Learned Advocate for petitioner and
learned AGA agree that issue in this writ petition is
similar to the The Media N Members Club case.
6. It is observed that several writ petitions have
been filed seeking similar relief. In the circumstances, it
is appropriate for the police authorities to issue circular
containing the guidelines issued by this Court and the
same shall reduce number of the writ petitions by similar
clubs.
7. In the circumstances, this petition is disposed of
by recording the conditions mentioned in The Media N
Members Club case which read as follows:
W.P.No.1622/2020 disposed on 20.02.2020
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"(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 at
least 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 surveillances
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
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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."
8. In order to ensure that similar clubs do not file
identical petitions, respondent-State through its Home
Secretary or Commissioner of police shall issue circular
containing the aforesaid guidelines within a period of two
months from the date of receipt of a copy of this order.
This petition is accordingly disposed of.
No costs."
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: BHK
