Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 55194 (KAR)

ALL IN ARENA SPORTS AND CULTURAL ASSOCIATION v. STATE OF KARNATAKA

WP/17271/2025 · 2025-08-19

B M Shyam Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32187 WP No. 17271 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17271 OF 2025 (GM-POLICE) BETWEEN: ALL IN ARENA SPORTS AND CULTURAL ASSOCIATION NO.590, SARJAPURA ROAD, 3RD BLOCK, KORAMANGALA, PID NO.68-2-590, B.T.M.LAYOUT KORAMANGALA, BANGALORE 560034 REPRESENTED BY ITS PRESIDENT MR.T.MADHAN RAJ. AGE ABOUT 35 YEARS, …PETITIONER (BY SRI. SHARATH KUMAR SHETTY.,ADVOCATE) AND: 1. STATE OF KARNATAKA STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT. VIDHANASOUDHA, BANGALORE-560001. 2. THE COMMISSIONER OF POLICE, BANGALORE-560001. 3. THE DEPUTY COMMISSIONER OF POLICE, SOUTH EAST DIVISION BANGALORE-560030. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32187 WP No. 17271 of 2025 4. THE ASSISTANT COMMISSIONER OF POLICE, MADIVALA SUB-DIVISION BANGALORE-560030. 5. THE INSPECTOR OF POLICE KORAMANGALA POLICE STATION, BANGALORE-560 034. 6. THE ASSISTANT COMMISSIONER POLICE, THE CITY CRIME BRANCH, N.T.PET, BANGALORE-560002.0 …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT 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 PLAY OF SKILL FANTASTIC-3, SIX COLOR GAME, CHESS, SNOOKER, RUMMY, POKER, ELECTRONIC COIN GAMES, CAROM, BILLIARDS, ETC., WHICH ARE THE GAMES OF SKILL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32187 WP No. 17271 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, asserting that it is running a recreational center [center], has sought for directions to the police not to insist upon licence under the Karnataka Police Act, 1963 [for short, 'the Police Act'] to continue the center. This Court has called upon Mrs.K.P.Yashodha, the learned Additional Government Advocate, to secure report from the Jurisdictional Police and in terms of this direction, a report from the Police Inspector, Koramangala Police Station, Bangalore is placed on record. It is seen from this report that the petitioner has facilities for recreational games at the center, and the Station House Officer has also reported that there is every likelihood of the petitioner encouraging gambling. This Court, whenever a petition is filed with cause such as the afore, has disposed of the petition with a series of directions including the - 4 - HC-KAR NC: 2025:KHC:32187 WP No. 17271 of 2025 direction to the police to periodically visit the premises to ensure that no unlawful activity is carried on. This Court must make reference to a Division Bench decision in Writ Appeal Nos.728/2020 and the terms stipulated therein. The police cannot insist on license under the Police Act, but the petitioner cannot permit unlawful activities and must ensure prescribed measures are in place. In the light of the afore, the petition stands disposed of directing the petitioner to ensure compliance with the following directions while directing the police to inspect the petitioner’s premises periodically. [a] The petitioner shall install 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 within a period of six weeks. The CC TV footage of at least prior 15 days’ period shall be made available by the petitioner to the jurisdictional - 5 - HC-KAR NC: 2025:KHC:32187 WP No. 17271 of 2025 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 concerned police, during the raid(s), survelliance, etc. [c] 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. [d] 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) & 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 - 6 - HC-KAR NC: 2025:KHC:32187 WP No. 17271 of 2025 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. [e] 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. [f] 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. [g] The respondents are directed not to interfere with the lawful recreational activities carried on - 7 - HC-KAR NC: 2025:KHC:32187 WP No. 17271 of 2025 by the members of the petitioner’s – Club/Association. [h] 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. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr