White Fog Sports Institute (Regd) vs The State Of Karnataka on 24 June, 2022

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Karnataka High Court

White Fog Sports Institute (Regd) vs The State Of Karnataka on 24 June, 2022

Bench: S.G. Pandit

                              1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24TH DAY OF JUNE, 2022

                        BEFORE

        THE HON' BLE MR. JUSTICE S.G. PANDIT

       WRIT PETITION No.11228/2022 (GM-POLICE)

BETWEEN:
WHITE FOG SPORTS INSTITUTE [REGD]
NO.10/6, 32, 2ND FLOOR
INTERNATIONAL AIRPORT ROAD
BYATARAYANAPURA
SAHAKARANAGARA
BENGALURU-560092
REPRESENTED BY ITS PRESIDENT
SRI N SRIKATNEGOWDA
REGISTERED UNDER THE KARNATAKA
SOCIETIES REGISTRATION ACT, 1960.             ...PETITIONER

                (BY SRI.GIRISHA.T.R., ADV.)


AND:
1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF HOME
     VIDHANA SOUDHA
     BENGALURU-560001

2.   THE COMMISSIONER OF POLICE
     INFANTRY ROAD
     BENGALURU CITY
     BENGALURU-560001

3.   THE DEPUTY COMMISSIONER OF
     POLICE, NORTH EAST DIVISION
     BENGALURU-560092

4.   THE ASSISTANT COMMISSIONER OF
     POLICE, YALAHANKA SUB DIVISION
     BENGALURU-560068
                                2


5.   THE INSPECTOR OF POLICE
     KODIGEHALLI POLICE STATION
     BENGALURU-560092

6.   THE CITY CRIME BRANCH OF POLICE
     RAYAN CIRCLE, MYSORE ROAD
     BENGALURU-560002
     REPRESENTED BY ITS DEPUTY
     COMMISSIONER OF POLICE
                                            ...RESPONDENTS

               (BY SRI.M.VINOD KUMAR, AGA.)

     THIS WRIT PETITION 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

Sri M.Vinod Kumar, learned Additional Government Advocate accepts notice for the respondents.

2. With the consent of learned counsel for both the parties, this petition is taken up for final disposal. 3

3. The petitioner is before this Court praying for a writ 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, Pentastidc-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 for a direction to 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. It is also submitted that petitioner shall not contravene any of the provisions of Karnataka Police Act and the Games conducted by the petitioner's Association would not attract the provisions of the Karnataka Police Act.

4. Both the parties submit that the issue involved in this writ petition is covered by the decision of this Court in W.P.No.41523/2019 (GM-POLICE) dated 04.09.2019 and other similar petitions. Taking note of the same, this writ petition is disposed of with the following conditions:-

(i) The petitioner shall install within a period of six weeks, CC TV cameras, at 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 atleast prior 15 days' period shall be made available by the petitioner o 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), survelliance, etc.

(iii) 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 5 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.

(iv) 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.

(v) 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.

(vi) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner's - Club/Association.

(vii) 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 is/are found to have indulged in any unlawful or immoral activities.

No order as to costs.

Sd/-

JUDGE NC.

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