Karnataka High Court
New Sri Lakshmi Venkateshwara vs The State Of Karnataka on 31 August, 2017
Author: A.S.Bopanna
Bench: A S Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST, 2017
BEFORE
THE HON'BLE MR. JUSTICE A S BOPANNA
WRIT PETITION No.40021/2017 (GM-POLICE)
BETWEEN:
NEW SRI LAKSHMI VENKATESHWARA
SOCIAL ASSOCIATION,
NO.25/1, SHANKARA PARK ROAD,
SHANKARAPURAM,
BANGALORE-560004
REP. BY ITS PRESIDENT,
S.S.SHIVAPRASAD,
S/O SITHASHIVAN,
AGED ABOUT 40 YEARS
... PETITIONER
(BY SRI SWAMY K, ADV.)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE-560001
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD,
BANGALORE-560 001
3. THE DEPUTY COMMISSIONER OF POLICE
SOUTH ZONE
BANGALORE-560 004
4. THE ASSISTANT COMMISSIONER OF POLICE
VV PURAM
BANGALORE-560 004
2
5. THE INSPECTOR OF POLICE
SHANKARPURAM POLICE STATION
BANGALORE-560 004
... RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT
THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER
TO OBTAIN LICENSE FOR THE PLAY OF SKILL GAMES SUCH AS
LIKE SKILL GAME, CHESS, CAROM, FANTASTIC-III, PLAYED
WITH 3 DICE, DICE BALL, DART GAMES, TABLE TENNIS, CARD
(RUMMY) POKER, SNOOKER, POOL GAME, BILLIARDS, PING
PAGN, JOKER BONUS GAMES, AND OTHER INDOOR AND
OUTDOOR GAMES FOR THE BENEFIT OF ITS MEMBERS AND
ALSO SOCIAL SERVICE AND ETC., BEING RUN UNDER THE
NAME AND STYLE OF NEW SRI LAKSHMI VENKATESHWARA
SOCIAL ASSOCIATION NO. 25/1, SHANKARA PARK ROAD,
SHANKARAPURAM, BANGALORE - 560 004 EITHER UNDER THE
KARNATAKA POLICE ACT UNDER THE LICENSING AND
CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT
ORDER, BANGALORE CITY.
THIS PETITION COMING ON FOR PRELIMANARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Government Advocate to accept notice for respondents No.1 to 5 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
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 4 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.5
(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