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2025 DAILYLAW 79185 (KAR)

M/S KQ GAMING AND TECHNOLOGY PRIVATE IMITED v. THE STATE OF KARNATAKA

WP/9165/2025 · 2025-08-29

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33645 WP No. 9165 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 9165 OF 2025 (GM-POLICE) BETWEEN: M/S KQ GAMING AND TECHNOLOGY PRIVATE LIMITED (COMPANY UNDER SEC 8 OF COMPANIES ACT 2013) HAVING ITS REGISTERED OFFICE AT NO. 981, 1ST A CROSS, ST BED LAYOUT, 4TH BLOCK, KORAMANGALA, BANGALORE - 560 034 REPRESENTED BY ITS DIRECTOR, SRI. SURESH GANAPATHY …PETITIONER (BY SMT. SOFIYA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001. REPRESENTED BY ITS CHIEF SECRETARY. 2. THE COMMISSIONER OF POLICE, INFANTRY ROAD, BANGALORE-560 001. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33645 WP No. 9165 of 2025 3. THE JOINT COMMISSIONER OF POLICE, (LAW AND ORDER), INFANTRY ROAD, BANGALORE-560 001. 4. THE DEPUTY COMMISSIONER OF POLICE, THE CITY CRIME BRANCH, ROYAN CIRCLE, N.T. PET, BANGALORE- 560 021. 5. THE DEPUTY COMMISSIONER OF POLICE, SOUTH EAST DIVISION, KORAMANGALA, BANGALORE - 560 034. 6. THE ASSISTANT COMMISSIONER OF POLICE, SOUTH EAST DIVISION, MADIWALA SUB DIVISION, BANGALORE - 560 030. 7. INSPECTOR OF POLICE, KORAMANGALA POLICE STATION, BANGALORE - 560 034. …RESPONDENTS (BY SMT.K.P YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR THE CONDUCTING OR OFFERING THE GAMES OF SNOOKER, BILLIARDS, POOL, CHESS, CAROM, DART GAME, WALL GAME, POKER, COIN GAME, SIX COLOR GAMES, RUMMY, - 3 - HC-KAR NC: 2025:KHC:33645 WP No. 9165 of 2025 TABLE TENNIS, BILLIARDS / SNOOKER, CARDS CLUB, OTHER SKILL GAMES AND ALL INDOOR GAMES BEING RUN UNDER THE NAME AND STYLE M/S. KQ GAMING AND TECHNOLOGY PRIVATE LIMITED, AT NO. 981, 1ST A CROSS, ST BED LAYOUT, 4TH BLOCK, KORAMANGALA, BANGALORE - 560 034, OF EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT ORDER, BANGALORE CITY OR ANY OTHER LAW; II. DIRECT THE RESPONDENTS NOT TO INTERFERE WITH THE SMOOTH FUNCTION OF THE PETITIONER COMPANY GAMING ACTIVITIES IN CONDUCTING RECREATIONAL GAMES OF SKILL LIKE SNOOKER, BILLIARDS, POOL, CHESS, CAROM, DART GAME, WILL GAME, POKER, COIN GAME, SIX COLOUR GAMES, RUMMY AND OTHER OFFLINE GAMES OF SKILL TO ITS MEMBERS/CUSTOMERS PERMISSIBLE UNDER LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:33645 WP No. 9165 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner contends that it is running a Recreation Centre offering games as Snooker, Billiards and others but is under duress from the Police authorities to a secure license. The learned counsel for the petitioner contends that no license is required for running a recreational centre, and in fact, the learned counsel submits that similar petitions have been disposed of by this Court stipulating measures that the concerned must ensure. Ms. K.P. Yashoda, the learned Additional Government Advocate, who is called upon to secure instructions, places on record a copy of the report and states that indeed the petitioner is engaged in offering games to its patrons. In the light of the afore, the following: - 5 - HC-KAR NC: 2025:KHC:33645 WP No. 9165 of 2025 ORDER The petition stands disposed of calling upon the petitioner to adhere to the following conditions: [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 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. - 6 - HC-KAR NC: 2025:KHC:33645 WP No. 9165 of 2025 [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), that falls 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 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 - 7 - HC-KAR NC: 2025:KHC:33645 WP No. 9165 of 2025 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 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 - 8 - HC-KAR NC: 2025:KHC:33645 WP No. 9165 of 2025 any unlawful or immoral activities. SD/- (B M SHYAM PRASAD) JUDGE NV