Karnataka High Court
The New Friends Sports vs State Of Karnataka on 10 January, 2025
Author: R Devdas
Bench: R Devdas
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NC: 2025:KHC:916
WP No. 312 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 312 OF 2025 (GM-POLICE)
BETWEEN:
THE NEW FRIENDS SPORTS
AND CULTURAL ASSOCIATION,
NO. 37, 1ST MAIN, KORAMANGALA LAYOUT,
JAKKASANDRA, ZONE-3,
BTM LAYOUT, KORAMANGALA,
BANGALORE - 560 034,
REPRESENTED BY ITS
PRESIDENT MR. ELIAS S,
AGED ABOUT 50 YEARS.
REGISTERED UNDER KARNATAKA
SOCIETIES REGISTRATION ACT.
...PETITIONER
(BY SRI. KISHAN SHETTY, ADVOCATE FOR
Digitally signed
SRI. SHARATH KUMAR SHETTY, ADVOCATE)
by KRISHNAPPA
LAXMI YASHODA AND:
Location: HIGH
COURT OF
KARNATAKA 1. STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT, VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE COMMISSIONER OF POLICE,
BANGALORE - 560 001.
3. THE DEPUTY COMMISSIONER OF POLICE,
ADUGODI, BANGALORE - 560 030.
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WP No. 312 of 2025
4. THE ASSISTANT COMMISSIONER
OF POLICE, ADUGODI SUB DIVISION,
BANGALORE - 560 030.
5. THE INSPECTOR OF POLICE,
ADUGODI POLICE STATION,
BANGALORE - 560 030.
6. THE ASSISTANT COMMISSIONER
POLICE, THE CITY CRIME BRANCH,
N.T. PET, BANGALORE - 560 002.
...RESPONDENTS
(BY SRI. SESHU V, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THE RESPONDENTS NOT TO INSIST UPON THE
PETITIONER TO OBTAIN THE LICENSE TO CARRY IN LAWFUL
ACTIVITIES IN THE PREMISES OF THE PETITIONERS
ASSOCIATION EITHER UNDER THE LICENSING AND
CONTROLLING OF THE KARNATAKA POLICE ACT AND NOT TO
INTERFERE IN THE PAY OF SKILL FANTASTIC 3, SIX COLOR
GAME, CHESS, SNOOKER, RUMMY, POKER, ELECTRONIC COIN
GAMES, CAROM, BILLIARDS, ETC, WHICH ARE THE GAME OF
SKILL AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 312 of 2025
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
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
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 petition granting the relief.
4. Learned High Court Government Pleader would
submit that the writ petition could be disposed of in terms
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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.
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 Kalaburagi 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
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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
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 S.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.
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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.
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
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have indulged in any unlawful or immoral
activities.
Ordered accordingly.
Sd/-
(R DEVDAS)
JUDGE
rv
CT: BHK
