Sri. Ekadanta Vigneshwara Recreation ... vs The State Of Karnataka on 5 November, 2016

[Cites 4, Cited by 2]

Karnataka High Court

Sri. Ekadanta Vigneshwara Recreation ... vs The State Of Karnataka on 5 November, 2016

Bench: A.S.Bopanna

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 5TH DAY OF NOVEMBER, 2016

                      BEFORE:

        THE HON'BLE MR. JUSTICE A.S.BOPANNA

       WRIT PETITION NO.56959/2016(GM-POLICE)


BETWEEN:

SRI.EKADANTA VIGNESHWARA
RECREATION ASSOCIATON
NO.133/A, 9TH CROSS,
4TH MAIN, CHAMARAJAPETE,
BENGALURU-560018
REPRESENTED BY ITS PRESIDENT
SRIKANTH B.R.                    ..PETITIONER

(BY SRI.D.T.NANJESH GOWDA, ADVOCATE)

AND:

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

2.THE COMMISSIONER OF POLICE
INFANTRY ROAD,
BANGALORE CITY,
BENGALURU-560001

3.THE DEPUTY COMMISSIONER OF POLICE
SOUTH DIVISION,
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BENGALURU-560018

4.THE ASST.COMMISSIONER OF POLICE
CHAMARAJAPETE SUB DIVISION,
BENGALURU-560018

5.THE INSPECTOR OF POLICE
CENTRAL POLICE STATION,
BENGALURU-560018

6.THE CITY CRIME BRANCH OF POLICE
RAYAN CIRCLE, MYSORE ROAD,
BENGALURU-560002
REPRESENTED BY ITS
DEPUTY COMMISSIONER          ..RESPONDENTS

(BY SMT.PRATHIMA HONNAPURA, HCGP)


    THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING
TO:

DIRECT THE RESPONDENTS NOT TO INSIST THE
PETITIONER TO OBTAIN LICENSE UNDER KARNATAKA
POLICE ACT OR UNDER LICENSING AND CONTROLLING
OF PLACES OF PUBLIC AMUSEMENT FOR PLAYING OF
SKILL GAMES LIKE CHESS, DART GAME, SNOOKER,
CAROM, ELECTRONIC COIN GAMES, POKER, WALL
GAME, VIDEO GAMES, RUMMY ETC IN THE PREMISES
OF THE PETITIONER-ASSOCIATION.

DIRECT THE RESPONDENTS NOT TO INTERFERE WITH
THE ACTIVITIES OF THE PETITIONER ASSOCIATION FOR
THE SNOOKER OF ITS MEMEBERS BY PLAYING THE
SKILLED GAMES LIKE CHESS, DART GAME, SNOOKER,
CAROM, ELECTRONIC COIN GAMES, PENTASTIC-3,
THREE DIES BOWLING [IS NEWLY KNOWN AS SKILLED
                                 3




ELECTRONIC GAME] POKER, WALL GAME, SIX COLOUR
GAMES, VIDEO GAMES, RUMMY, ETC., IN THE
PREMISES OF THE PETITIONER-ASSOCIATION


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

                             ORDER

Learned Government Advocate to accept notice for respondents No.1 to 6 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 survelliance 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 SBN

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