The Ambient Association vs The State Of Karnataka
2023 Latest Caselaw 6908 Kant

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                                                              NC: 2023:KHC:35598
                                                           WP No. 21802 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 3RD DAY OF OCTOBER, 2023

                                             BEFORE
                               THE HON'BLE MR JUSTICE R DEVDAS
                       WRIT PETITION NO. 21802 OF 2023 (GM-POLICE)

                      BETWEEN:

                      THE AMBIENT ASSOCIATION
                      NO.781, NTI LAYOUT, 2ND PHASE,
                      RAJARAM MOHAN ROY ROAD,
                      RAJEEV GANDHI NAGAR,
                      VIDYARANYAPURA POST
                      BENGALURU 560097
                      REPRESENTED BY ITS SECRETARY,
                      SRI. K. L. ANIL KUMAR
                                                                   ...PETITIONER
                      (BY SRI. VINAYAK KULKARNI., ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA
                           REPRESENTED BY ITS SECRETARY,
                           DEPARTMENT OF HOME,
Digitally signed by
JUANITA                    VIDHANA SOUDHA,
THEJESWINI                 BENGALURU 560001
Location: HIGH
COURT OF
KARNATAKA             2.   THE SUPERINTENDENT OF POLICE
                           BENGALURU CITY POLICE,
                           CUNNINGHAM ROAD,
                           BENGALURU 560003

                      3.   THE INSPECTOR OF POLICE
                           KODIGEHALLI POLICE STATION
                           BENGALURU CITY POLICE
                           VIJAYANAGAR,
                           BENGALURU 560040
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                                             NC: 2023:KHC:35598
                                           WP No. 21802 of 2023




4.   THE CENTRAL CRIME BRANCH OF POLICE
     COTTONPET MAIN ROAD, SULTANPET,
     BAKSHI GARDENS, CHICKPET,
     BENGALURU, KARNATAKA 560053.
                                                 ...RESPONDENTS
(BY SRI.KIRAN KUMAR., HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
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 ACTIVITIES OF THE ASSOCIATION, IN THE
PREMISES OF THE PETITIONER ASSOCIATION AND ETC.

    THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                            ORDER

R.DEVDAS J., (ORAL) Learned High Court Government Pleader takes notice

for all the respondents.

2. The petitioner, a registered association registered

under the Karnataka Societies Registration Act, 1960, has

filed this writ petition seeking a direction to respondents

not to insist upon them to obtain license for conducting

the social, cultural and sports activities and skill games

like, Chess, Carom & Rummy, etc., either under the

Karnataka Police Act or under the Licensing and

Controlling of the Place of Amusement Order.

NC: 2023:KHC:35598 WP No. 21802 of 2023

3. Learned counsel for the petitioner submits that

the petitioner which is a recreational club is aggrieved by

the constant interference of the respondent-Police in the

activities of the recreational club. Learned counsel

submits that the issue stands covered by several

judgments of this Court, including W.P.No.202463/2017

dated 14.06.2017. Learned counsel submits that the writ

petition was disposed of with directions to the Police and

with certain conditions imposed on the petitioner. Learned

counsel seeks for similar orders.

4. Having regard to the decision cited by the learned

counsel for the petitioner, this Court deems it fit to dispose

of the writ petition with a direction to the respondent-

Police and while imposing certain conditions as follows:

(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 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.

NC: 2023:KHC:35598 WP No. 21802 of 2023

(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 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, *except games of skills. * [Incorporated vide judgment dated 27.6.2016 in W.A.No.200290/2015]

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 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.

v) The jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any information about any

NC: 2023:KHC:35598 WP No. 21802 of 2023

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 - 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 are found to have indulged in any unlawful or immoral activities.

No order as to costs.

Sd/-

JUDGE

DL