Karnataka High Court
Eagle Royal Sports And Cultural ... vs The State Of Karnataka on 17 March, 2020
Author: R Devdas
Bench: R Devdas
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2020
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.5537 OF 2020 (GM-POLICE)
BETWEEN
EAGLE ROYAL SPORTS AND
CULTURAL ASSOCIATION
NO.227, 1ST B CROSS,
7TH MAIN, 80 FEET ROAD,
SUBBAIAHNAPALYA EXTENSION,
BENGALURU-560043
REPRESENTED BY ITS PRESIDENT,
SRI JAYASIMHA,
S./O ANANTHARAMAIAH,
AGED ABOUT 45 YEARS.
...PETITIONER
(BY SRI MADHUSUDHAN M N, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE-560001
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD,
BANGALORE-560001
3. THE DEPUTY COMMISSIONER OF POLICE
EAST SUB DIVISION,
BANGALORE-560003
4. THE ASSISTANT COMMISSIONER OF POLICE
THE CITY CRIME BRANCH,
BANGALORE-560003
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5. THE ASSISTANT COMMISSIONER
OF POLICE
BANASWADI SUB DIVISION,
BANGALORE-560043
6. THE INSPECTOR OF POLICE
BANASWADI POLICE STATION,
BANGALORE-560043
7. THE SUB INSPECTOR OF POLICE
BANASWADI POLICE STATION,
BENGALURU-560043
...RESPONDENTS
(BY SRI VINOD KUMAR M, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS POLICE NOT TO COMPEL OR
PRESSURIZE THE PETITIONER TO CLOSE DOWN THE
RECREATION CLUB CONSEQUENTLY DIRECT THE
RESPONDENT POLICE TO NOT TO INTERFERE WITH THE
SMOOTH RUNNING OF SKILL GAMES LIKE PLAYING
RUGBY, KABBADI, SNOOKER, POOL, SHUTTLE COCK,
POKER, CAROM CHESS, BILLIARDS, FANTASTIC THREE,
VIDEO GAMES, ELECTRONIC VIDEO GAMES, CRICKET,
HOCKEY, VOLLEY-BALL, WALL GAME, WALL BALL,
RUMMY, COMPUTERS GAMES, POKE TABLE TENNIS,
DARTS GAME, PING PONG BALL GAME AND OTHER
INDOOR AND OUTDOOR GAMES AND OTHER SKILL
GAMES IN THE NAME AND STYLE OF EAGLE ROYAL
SPORTS AND CULTURAL ASSOCIATION, WHICH IS
SITUATED AT ROAD NO277, 7TH MAIN, 80 FEET ROAD
KAMANAHALLI ROAD, SUBBAIAHNAPALYA EXTENSION,
C.V. RAMANNAGAR BANGALORE AND ETC.
THIS WRIT PETITION IS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
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ORDER
R. DEVDAS J., (ORAL):
Heard the learned counsel for the petitioner and learned Additional Government Advocate.
2. The petitioner is before this Court praying for issuance of a writ of mandamus thereby directing the respondents not to insist upon the petitioner to obtain license for the recreation activities conducted by the petitioner in the schedule premises either under the Karnataka Police Act, 1963 or under the Licensing and Controlling of the Places of Public Amusement Order, 1970.
3. Learned counsel for the petitioner would submit that, this Court in similar matters has been pleased to dispose of the writ petitions granting the relief.
4. Learned Additional Government Advocate would submit that the writ petition could be disposed of in terms of the order passed by this Court on 28.11.2018 while disposing of W.P.No.50923/2018. -4-
5. The submission of the learned Additional Government Advocate is placed on record. If any illegal or unlawful activities are conducted or permitted in the petitioner's premises, it is always open for the respondents to initiate such action as permitted under law.
6. The learned counsel for the petitioner has brought to the notice of this Court a judgment passed by the Division Bench of this Court at Kalaburgi, in W.A.No.20090/2015 in the case of D.V.R. Recreation Club Vs State of Karnataka, disposed of on 27.06.2016 and further order issued on a review petition in the same matter on 19.10.2016. In view of the subsequent directions issued by the Hon'ble Division Bench, the present writ petition is disposed of with the following directions:
a. 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 game/s is/are played by the -5- members. The CC TV footage of at least prior 15 days' period shall be made available by the petitioner, to the 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 police, during the raid(s) and surveillance etc. c. 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, except games of skills.
d. The petitioner shall put proper mechanism in place and shall ensure -6- that no game(s) is played in any unlawful manner by the member(s). If the police find that any of the game/s played is/are contrary to any law and in violation of the settled practice, it is open for them to take action against petitioner and the offenders, in accordance with law.
e. 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.
f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner - Club/Association.
g. 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 -7- to have indulged in any unlawful or immoral activities.
Ordered accordingly.
SD/-
JUDGE DL