Chandra Gymkhana Institute ... vs The State Of Karnataka
2023 Latest Caselaw 6868 Kant

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                                                              NC: 2023:KHC:35373
                                                          WP No. 19804 of 2023




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 29TH DAY OF SEPTEMBER, 2023

                                             BEFORE
                               THE HON'BLE MR JUSTICE R DEVDAS
                          WRIT PETITION NO. 19804 OF 2023 (GM-POLICE)
                   BETWEEN:

                   CHANDRA GYMKHANA INSTITUTE (REGD.),
                   NO 1, 8TH CROSS, 2ND STAGE,
                   CHANDRA LAYOUT, BENGALURU - 560 040,
                   REPRESENTED BY ITS SECRETARY,
                   SRI. B. SHIVANNA.
                                                                   ...PETITIONER
                   (BY SRI. VINAYAK KULKARNI, ADVOCATE)

                   AND:

                   1.     THE STATE OF KARNATAKA,
                          REPRESENTED BY ITS SECRETARY,
                          DEPARTMENT OF HOME,
                          VIDHANA SOUDHA,
                          BENGALURU - 560 001.
Digitally signed by
JUANITA THEJESWINI
Location: HIGH
COURT OF            2.    THE SUPERINTENDENT OF POLICE,
KARNATAKA
                          BENGALURU CITY POLICE,
                          CUNNINGHAM ROAD,
                          BENGALURU - 560 003.

                   3.     THE INSPECTOR OF POLICE,
                          CHANDRA LAYOUT POLICE STATION,
                          BENGALURU CITY POLICE,
                          VIJAYANAGAR, BENGALURU - 560 040.
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                                                  NC: 2023:KHC:35373
                                             WP No. 19804 of 2023




4.   THE CENTRAL CRIME BRANCH OF POLICE,
     COTTONPET MAIN RD, SULTANPET,
     BAKSHI GARDENS, CHICKPET,
     BENGALURU, KARNATAKA - 560 053.
                                                     ...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 FOR PLAYING OF SKILL GAMES LIKE CHESS,
SNOOKER, CAROM, ELECTRONIC COIN GAMES, PENTASTIC-3,
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:

                               ORDER

R.DEVDAS J., (ORAL):

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

NC: 2023:KHC:35373 WP No. 19804 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.

NC: 2023:KHC:35373 WP No. 19804 of 2023

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 Kalaburgi, 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

NC: 2023:KHC:35373 WP No. 19804 of 2023

the 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.

NC: 2023:KHC:35373 WP No. 19804 of 2023

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.

Sd/-

JUDGE

rv CT: BHK