Karnataka High Court
Friends Sports And Recreation Club vs The State Of Karnataka on 12 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:5783
WP No. 3775 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 3775 OF 2024 (GM-POLICE)
BETWEEN:
FRIENDS SPORTS AND RECREATION CLUB
NO. 3067/2972, YPB COMPLEX,
15TH CROSS, 7TH ROAD, WARD NO.16,
KRISHNARAJANAGARA - 571 602,
MYSURU DISTRICT,
REPRESENTED BY ITS SECRETARY,
SRI. K. VINAY KUMAR,
REGISTERED UNDER KARNATAKA SOCIETIES
REGISTRATION ACT 1960.
...PETITIONER
(BY SRI. N. KUMAR, ADVOCATE)
AND:
Digitally signed by1. THE STATE OF KARNATAKA,
PADMAVATHI B K REPRESENTED BY ITS SECRETARY,
Location: HIGH DEPARTMENT OF HOME,
COURT OF
KARNATAKA VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE SUPERINTENDENT OF POLICE,
MYSURU DISTRICT,
MYSURU - 570 001.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
K.R. NAGARA SUB DIVISION,
K.R. NAGARA,
MYSURU DISTRICT - 571 602.
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NC: 2024:KHC:5783
WP No. 3775 of 2024
4. THE CIRCLE INSPECTOR OF POLICE,
K.R. NAGARA,
MYSURU DISTRICT - 571 602.
5. THE SUB INSPECTOR,
K.R. POLICE STATION,
K.R. NAGARA,
MYSURU DISTRICT - 571 602.
6. THE CITY CRIME BRANCH OF POLICE,
RAYAN CIRCLE, MYSORE ROAD,
BANGALORE - 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 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 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
Heard Sri. N. Kumar, learned counsel appearing for the
petitioner and Sri. Manjunath K., the learned HCGP appearing
for the respondents.
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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, 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 the Co-ordinate Bench in the case of
M/S NAVARANG ASSOCIATION Vs. THE STATE OF
KARNATAKA1, the Co-ordinate Bench has held as follows:
"Learned Government Advocate to accept notice
for respondents No.1 to 7 and file memo of appearance
in four weeks.
W.P.No.38068/2015 disposed on 09.09.2015
NC: 2024:KHC:5783
2. The petitioner is before this Court seeking for issue
of mandamus or any other appropriate writ in the
manner as has been sought in the petition. The issue
which has been raised in the instant petition has already
been considered by this Court in W.P.No.30071/2014
dated 15-10-2014 (between The Media N. Members Club
vs. State of Karnataka and Others) wherein the petition
was disposed of with the following directions:-
"(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
NC: 2024:KHC:5783
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
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."
This writ petition is also disposed of in the
aforesaid terms."
4. In the light of the issue standing covered by
judgment rendered by the Co-ordinate Bench supra and the
facts being undisputed, the petition stands disposed on the
same terms.
Sd/-
JUDGE
SJK
CTT:SNN
