IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.38230/2017 (GM-POLICE) BETWEEN:
M/S. NEW MARUTHI ASSOCIATION NO.1640, C.I.R. COMPLEX SHOP NO.2, BASEMENT, 80FT ROAD, 17TH MAIN, BSK I STAGE, SRINIVASANAGARA BENGALURU-560050 REP. BY ITS PRESIDENT SRI NAGARAJU B N S/O NANJE GOWDA [ (BY SRI RAJU S, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BANGALORE-560 001 2. THE COMMISSIONER OF POLICE INFANTRY ROAD BANGALORE-560 001 3. THE ADDITIONAL COMMISSIONER OF POLICE, LAW AND ORDER BENGALURU-560 001 4. THE DEPUTY COMMISSIONER OF POLICE SOUTH DIVISION BANGALORE-560 001 ... PETITIONER 5. THE ASSISTANT COMMISSIONER OF POLICE, CITY CRIME BRANCH ROYAN CIRCLE, N.T.PET BANGALORE-03 6. THE ASSISTANT COMMISSIONER OF POLICE V.V.PURAMSUB DIVISION, BANGALORE-560 004 7. THE INSPECTOR OF POLICE HANUMANTHANAGARA POLICE STATION, HANUMANTHANAGARA BANGALORE-560 019 ... RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AGA.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DECLARE THAT THE RESPONDENT POLICE HAVE NO AUTHORITY TO INSIST THE PETITIONER TO OBTAIN PERMISSION OR LICENSE AS REQUIRED UNDER SEC.79 AND 80 OF THE KARNATAKA POLICE ACT, 1963 AS SUCH AS AN INTERFERENCE IS TO BE DECLARED AS ILLEGAL AND INVALID AND BY DECLARING THAT THE PERMITTED INDOOR AND OUTDOOR GAMES ARE CONCERNED, TO CARRY ON RECREATIONAL AND OTHER LAWFUL ACTIVITIES LIKE CHESS, CARROM, FANTASTIC III, PLAYED WITH 3 DICE BALL, DART GAMES, WALL GAMES, ELECTRONIC POKER GAMES, ELECTRONIC COIN GAMES TABLE TENNIS, CARDS [RUMMY] VIDEO GAME, SNOOKER, POOL GAME, BILLIARDS, PING PANG, JOKER BONUS GAMES, SIX COLOUR, SKILL GAME, AND OTHER INDOOR AND OUTDOOR GAMES IN THE PETITION SCHEDULE PREMISES AND ETC.
THIS PETITION COMING ON FOR PRELIMANARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Government Advocate to accept notice for respondents No.1 to 7 and file memo of appearance in four weeks.
2. The petitioner is before this Court seeking for issue of mandamus or any other appropriate writ in the manner as has been sought in the petition.
3. The issue which has been raised in the instant petition has already been considered by this Court in W.P.No.30071/2014 dated 15-10-2014 (The Media N Members Club vs. State of Karnataka and Others) wherein the petition was disposed of with the following directions:-
“(i) 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 games(s) is / are played by the members. The CC TV footage of atleast prior 15 days’ period shall be made available by the petitioner, to the 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 police, during the raid(s) and 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 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.
(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 police find that game(s) played is contrary to any law and in violation of the settled practice, it is open to them to take action against 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 – 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 accordance with law, if the member(s) of the petitioner are found to have indulged in any unlawful or immoral activities.”
This writ petition is also disposed of in the aforesaid terms.
Sd/- JUDGE akc/bms