Karnataka High Court
M/S God Gift Recreation Centre (R) vs State Of Karnataka on 30 May, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:18272
WP No. 14097 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 14097 OF 2024 (GM-POLICE)
BETWEEN:
M/S. GOD GIFT RECREATION CENTRE (R)
R/O SURVEY NO.150, AREHALLI
HOLALKERE TALUK
CHITRADURGA DISTRICT-577 526
REPRESENTED BY ITS PRESIDENT
T. THIPPESWAMY
...PETITIONER
(BY SRI. K.V. SATEESHCHANDRA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT, VIDHANA SOUDHA
BENGALURU-560 001.
Digitally signed 2. THE INSPECTOR GENERAL OF POLICE
by CHAITHRA A EASTER RANGE
Location: HIGH DAVANAGERE-577 001.
COURT OF
KARNATAKA 3. THE SUPERINTENDENT OF POLICE
TURUVANURU ROAD (NEAR ST.JOSEPH CONVENT)
KELAGOTE, CHITRADURGA-577 501.
4. THE DEPUTY SUPERINTENDENT OF POLICE
CHITRADURGA DIVISION
POLICE CONTROL ROOM, NH SERVICE ROAD
MANIYUR
CHITRADURGA-577 501.
5. THE CIRCLE INSPECTOR OF POLICE
HOLALKERE
CHITRADURGA-577 526.
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NC: 2024:KHC:18272
WP No. 14097 of 2024
6. THE INSPECTOR OF POLICE
HOLALKERE
CHITRADURGA-577 526.
...RESPONDENTS
(BY SRI. S.T. NAIK, AGA FOR R1 TO R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS
POLICE NOT TO INSIST THE PETITIONER CLUB TO OBTAIN LICENSE
UNDER THE KARNATAKA POLICE ACT, 1963 OR UNDER THE LICENSING
AND CONTROLLING OF THE PLACES OF PUBLIC AMUSEMENT ORDER,
1970.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is a society registered under the Karnataka Societies Registration Act. The petitioner's recreation club is established to encourage the games like rummy, chess, snooker, billiards, carom and other skilled games, etc.
2. Learned counsel for the petitioner submits that, the entry to the petitioner's association is restricted only to its members and outsiders and other public are not allowed to enter or enjoy the benefits of the society as a matter of -3- NC: 2024:KHC:18272 WP No. 14097 of 2024 right or on payment. He further submits that, the respondent-police are now forcing the petitioner- recreational club to obtain licence to conduct the activities in the said club. Hence, this writ petition.
3. Learned counsel for the petitioner further submit that the recreational activities that are carried out in the recreation club would not fall under Sections 6 & 7 of the Karnataka Police Act,1963. Hence, they are not required to secure any license from the authorities.
4. Learned AGA appearing for the respondents submits that the issue involved in this writ petition was examined by the Division Bench of this Court in W.A.No.728/2020, disposed of on 18.01.2021.
5. Hence, this writ petition also requires to be disposed of in the light of the order passed in W.A.No.728/2020 on the following terms and conditions:
(i) The petitioner shall install CCTV cameras at the places of access to its members and also at all the places, where in game(s) is / are played -4- NC: 2024:KHC:18272 WP No. 14097 of 2024 by the members within a period of six weeks. The CCTV footage of at least prior 15 days period shall be made available by the petitioner to the jurisdictional 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 concerned police, during the raid(s), surveillance, 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 Sections 2(14) and 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, 1863. The member(s) shall not be allowed to play any kind of game(s) with stakes or make any profit or gain out of -5- NC: 2024:KHC:18272 WP No. 14097 of 2024 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 jurisdictional police find the game(s) played is / are contrary to any law and in violation of the settled practice, it is open to them to take action against the 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's-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 -6- NC: 2024:KHC:18272 WP No. 14097 of 2024 accordance with law, if the member(s) of the petitioner is / are found to have indulged in any unlawful or immoral activities.
Sd/-
JUDGE CA List No.: 1 Sl No.: 34