Karnataka High Court
M/S S K C Sports And Recreation ... vs The State Of Karnataka on 3 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:205
WP No. 26076 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 26076 OF 2023 (GM-POLICE)
BETWEEN:
M/S S K C SPORTS AND RECREATION ASSOCIATION
REGISTERED UNDER THE KARNATAKA
CO-OPERATIVE SOCIETIES ACT, 1960.
SITUATED AT SURUGENAHALLI KAVAL,
SA NO. 46/4, SURUGENAHALLI KAVAL,
K G TEMPLE POST,
KASABA HOBLI, GUBBI,
TUMKUR 572216
REPRESENTED BY ITS SECRETARY,
H SHIVARAJU.
...PETITIONER
(BY SRI. AJIT P B., ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA
PADMAVATHI B K REPRESENTED BY ITS SECRETARY,
Location: HIGH DEPARTMENT OF HOME,
COURT OF VIDHANASOUDHA,
KARNATAKA
BANGALORE 560 001
2. THE SUPERINTENDENT OF POLICE
TUMKUR DISTRICT
TUMKUR 572101.
3. THE DEPUTY SUPERINTENDENT OF POLICE
GUBBI SUB DIVISION,
GUBBI, TUMAKURU 572101.
-2-
NC: 2024:KHC:205
WP No. 26076 of 2023
4. THE CIRCLE INSPECTOR OF POLICE
GUBBI 572117.
TUMKUR DISTRICT 572101.
5. THE SUB-INSPECTOR OF POLICE
CS PURA POLICE STATION,
GUBBI TALUK,
TUMKUR DISTRICT 572101.
6. THE CITY CRIME BRANCH OF POLICE
RAYAN CIRCLE, MYSORE ROAD,
BENGALURU 560002.
REPRESENTED BY ITS
DEPUTY COMMISSIONER OF POLICE.
...RESPONDENTS
(BY SRI. MANJUNATH, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENTS NOT TO INSIST THE PETITIONER TO OBTAIN
LICENSE UNDER THE KARNATAKA POLICE ACT OR UNDER THE
LICENSING CONTROLLING OF PLACES OF PUBLIC AMUSEMENT
ORDER FOR PLAYING OF SKILL GAMES LIKE CHESS, DART
GAME, SNOOKER, CAROM, ELECTRONIC COIN GAMES, POKER,
WALL GAMES, VIDEO GAMES, RUMMY, ETC IN THE PREMISES
OF THE PETITIONER; DIRECTING THE RESPONDENTS NOT TO
INTERFERE WITH THE ACTIVITIES OF THE PETITIONER FOR
THE RECREATION OF ITS MEMBERS BY PLAYING THE SKILLED
GAMES LIKE CHESS, DART GAME, SNOOKER, CAROM ,
ELECTRONIC COIN GAMES, POKER, WALL GAMES, VIDEO
GAMES, RUMMY, ETC IN THE PREMISES OF THE PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
-3-
NC: 2024:KHC:205
WP No. 26076 of 2023
ORDER
Heard Sri. Ajit P.B., learned counsel appearing for the
petitioner and Sri. Manjunath, the learned HCGP appearing for
the respondents.
2. The petitioner is before this Court, seeking for the
following prayer:
"(1) Directing the Respondents not to insist the
Petitioner to obtain license under the
Karnataka Police Act or under the Licensing
Controlling of Places of Public Amusement
Order for playing of skill games like Chess,
Dart game, Snooker, Carom, Electronic Coin
games, Poker, Wall games, Video Games,
Rummy, etc in the premises of the Petitioner;
(2) Directing the Respondents not to interfere with
the activities of the Petitioner for the
recreation of its members by playing the
skilled games like Chess, Dart game, Snooker,
Carom , Electronic Coin games, Poker, Wall
games, Video Games, Rummy, etc in the
premises of the Petitioner;
(3) Pass such any other order or directions, as this
Hon'ble Court deems fit in the facts and
NC: 2024:KHC:205
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.
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.
W.P.No.38068/2015 disposed on 09.09.2015
NC: 2024:KHC:205
(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
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."
NC: 2024:KHC:205
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 and the facts
being undisputed, the petition stands disposed on the same
terms.
Sd/-
JUDGE
KG
