Sri Nimishambe Recreation Association vs The State Of Karnataka on 11 September, 2018

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Karnataka High Court

Sri Nimishambe Recreation Association vs The State Of Karnataka on 11 September, 2018

Bench: B.V.Nagarathna

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 11th DAY OF SEPTEMBER, 2018

                       BEFORE

       THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA

       WRIT PETITION No.39839/2018 (GM-POLICE)

BETWEEN:
SRI NIMISHAMBE RECREATION ASSOCIATION
NO.303, SHOP NOS.3 AND 4,
VENKATESHWARA COMPLEX,
FIRST FLOOR, B.B.ROAD,
OPP. SPARSHA HOSPITAL,
YELAHANKA,
BENGALURU-560 064.
REPTD. BY ITS PRESIDENT
SRI KIRAN KUMAR.
                                  ... PETITIONER

(BY SRI ASHOK N.PATIL, ADV.,)

AND:

1.     THE STATE OF KARNATAKA
       REPTD. BY ITS SECRETARY,
       HOME DEPARTMENT,
       VIDHANA SOUDHA,
       BENGALURU-560 001.

2.     DEPUTY COMMISSIONER OF POLICE
       BENGALURU NORTH EAST DIVISION,
       SAHAKARANAGARA,
       BENGALURU-560 094.

3.     ASSISTANT COMMISSIONER OF POLICE
       NORTH EAST DIVISION,
       YELAHANKA,
                           -2-



     BENGALURU-560 064.

4.   CIRCLE INSPECTOR OF POLICE
     YELAHANKA STATION,
     BENGALURU-560 064.

5.   SUB INSPECTOR OF POLICE
     YELAHANKA POLICE STATION,
     BENGALURU-560 064.
                                     ... RESPONDENTS

(BY SRI VIJAYKUMAR A. PATIL, AGA FOR R1 TO 5)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN LICENSE FOR THE PLAY OF DART GAME, CHESS,
PLAYING CARDS / RUMMY, BILLIARDS, SNOOKER AND CAROM,
EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE
LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC
AMUSEMENT ORDER BENGALURU CITY 1989 AS THE ABOVE
SAID GAMES ARE DECLARED AS A GAME OF SKILL BY THIS
HON'BLE COURT AND ETC.,

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

Heard.

Issue notice to respondents.

Learned Additional Government Advocate accepts notice for respondent Nos.1 to 5.

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Though, this writ petition is listed for preliminary hearing, with the consent of learned counsel on both sides, it is heard finally.

2. Learned counsel for petitioner as well as learned Additional Government Advocate appearing for respondents submit that the order passed by this Court in W.P.No.15788/18 disposed off on 8/6/2018 in the case of Deeksha Recreation Club v. The State of Karnataka & Others, could be followed in this case also.

3. Submission of the learned counsel is placed on record. The relevant portion of the said order which reads as under;

4. The issue which has been raised in the present 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) -4- 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 -5- 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.

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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.

Present writ petition is also disposed of in the aforesaid terms."

5. In view of the above, writ petition is disposed off in the aforesaid terms.

Learned Additional Government Advocate is permitted to file memo of appearance within four weeks from today.

Sd/-

JUDGE PB

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