IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.18012/2017 (GM-POLICE) BETWEEN:
M/S SRI KALABAIRAVESHWARA RECREATION ASSOCIATION NO.21/22, FLOWER GARDEN, OPP. TO BHEL MAIN GATE, BANGALORE-560 026 REP.BY ITS PRESIDENT SRI MANJUNATH N (BY SRI. RAJU S, ADV.) ... PETITIONER 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 DEPUTY COMMISSIONER OF POLICE, CITY CRIME BRANCH, ROYAN CIRCLE, N.T.PET, BANGALORE-01 4. THE DEPUTY COMMISSIONER OF POLICE UPPARPET, BANGALORE-560 009 5. THE ASSISTANT COMMISSIONER OF POLICE BYATARAYANAPURA, BANGALORE-560 026 6. THE INSPECTOR OF POLICE BYATARAYAPURA POLICE STATION, BYATARAYAPURA BANGALORE-560 026 7. THE SUB INSPECTOR OF POLICE BYATARAYAPURA POLICE STATION, BYATARAYAPURA BANGALORE-560 026 ... RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, HCGP.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT THAT THE PETITIONER ASSOCIATIONS ARE A LICENSE UNDER THE LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER, OR UNDER THE KARNATAKA POLICE ACT, 1963 TO CARRY ON RECREATIONAL AND OTHER LAWFUL ACTIVITIES LIKE CHESS, CARROM, FANTASTIC-III, PLAYED WITH 3 DICE BALL, DICE BALL, DART GAMES, WALL GAMES, ELECTRONIC POKER GAMES, ELECTRONIC COIN GAMES TABLE TENNIS, CARDS, (RUMMY) VIDIO GAMES, POKER, SNOOKER, POOL GAME, BILLIARDS, PING PONG, JOKER BONUS GAMES, SIX COLOUR, SKILL GAMES, AND OTHER INDOOR AND OUT DOOR 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