Karnataka High Court
Tilt Room-2 vs The State Of Karnataka on 20 September, 2023
Author: R Devdas
Bench: R Devdas
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NC: 2023:KHC:33890
WP No. 20532 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 20532 OF 2023 (GM-POLICE)
BETWEEN:
TILT ROOM-2
A SOCIETY REGISTERED
UNDER THE PROVISIONS OF THE SOCIETIES
REGISTRATIONS ACT, 1960
HAVING ITS REGISTERED OFFICE
AT NO. 19. 1ST CROSS, 4TH MAIN ROAD
CHAMRAJPET, BANGALORE-560018
REPRESENTED BY ITS PRESIDENT
SRI.HARISH S
...PETITIONER
(BY SRI. SOMEGOWDA A N, ADVOCATE AND
SRI.PRASAD K.R. RAO, ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA
JUANITA
THEJESWINI REPRESENTED BY ITS PRINCIPAL SECRETARY
Location: HIGH AMBEDKAR VEEDHI, VIDHANA SOUDHA,
COURT OF
KARNATAKA BANGALORE-560001.
2. THE COMMISSIONER OF POLICE
#2,ALI ASKER ROAD, VASANTH NAGAR,
BANGALORE-560051.
3. THE STATION HOUSE OFFICER
CHAMRAJPET POLICE STATION,
LTP ROAD, MAJESTIC,
GANDHINAGAR,
BANGALORE-560009.
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NC: 2023:KHC:33890
WP No. 20532 of 2023
4. THE CENTRAL CRIME BRANCH
COTTON PET MAIN ROAD, SULTANPET,
BAKSHI GARDENS, CHICKPET,
BANGALORE-560053.
...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 INTERFERE WITH THE LAWFUL
BUSINESS ACTIVITIES BY CONDUCTING RECREATIONAL
ACTIVITIES IN GAME OF SKILL SUCH AS PLAYING CHESS,
CAROM, SNOOKER, BY THE PETITIONERS BY ELECTRONIC
COIN GAMES, PENTASTIC-3, THREE DIES BOWLING (NEWLY
KNOWN AS SKILLED ELECTRONIC GAME), POKER, WALL GAME,
SIX COLOUR GAMES, RUMMY ETC. TO ITS MEMBERS, IN THE
PREMISES OF THE PETITIONER 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 -3- NC: 2023:KHC:33890 WP No. 20532 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. -4-
NC: 2023:KHC:33890 WP No. 20532 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 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 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 -5- NC: 2023:KHC:33890 WP No. 20532 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.-6-
NC: 2023:KHC:33890 WP No. 20532 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