M/S Sree Om Shakthi Sports vs State Of Karnataka on 1 October, 2018

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Karnataka High Court

M/S Sree Om Shakthi Sports vs State Of Karnataka on 1 October, 2018

Bench: B.V. Nagarathna

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 1st DAY OF OCTOBER, 2018

                        BEFORE

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


        WRIT PETITION NO.43314/2018(GM-POLICE)

BETWEEN:

M/S SREE OM SHAKTHI SPORTS
AND CULTURAL ASSOCIATION
NO.13, GROUND FLOOR, MALESH
COMPLEX, GANDHIBAZAR MAIN ROAD
BASAVANAGUDI
BANGALORE - 560 004
BANGALORE ZONE-2,
BASAVANAGUDI
BASAVANAGUDI - 560 004
BANGALORE ZONE - 2.

REPRESENTED BY ITS PRESIDENT
SRI SHIVAKUMAR                         ... PETITIONER

(BY SRI S RAJU, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS
       SECRETARY, HOME DEPARTMENT
       VIDHANA SOUDHA
       DR.AMBEDKAR VEEDHI
       BENGALURU-560 001.

2.     THE COMMISSIONER OF POLICE,
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      BENGALURU CITY, INFANTRY ROAD
      BENGALURU-560 001.

3.    THE DEPUTY COMMISSIONER OF POLICE
      SOUTH END CIRCLE
      BASAVANAGUDI
      BANGALORE - 560 004.

4.    THE ASSISTANT COMMISSIONER OF
      POLICE
      THE CITY CRIME BRANCH
      ROYAN CIRCLE
      N.T.PET, BENGALURU - 560 001.

5.    THE ASSISTANT COMMISSIONER OF POLICE,
      SOUTH END CIRCLE
      BENGALURU - 560 004.

6.    THE CIRCLE INSPECTOR OF POLICE
      BASAVANAGUDI
      BENGALURU-560 004

7.    THE INSPECTOR OF POLICE
      BASAVANAGUDI POLICE STATION
      BASAVANAGUDI
      BENGALURU - 560 004.        ....RESPONDENTS

(BY SRI.VIJAY KUMAR A.PATIL, AGA)

       This writ petition is filed under Articles 226 and 227
of the Constitution of India praying to declare that the
respondent police have no authority to insist the petitioner
to obtain permission or license as required under Sections
79 and 80 of the Karnataka Police Act, 1963 as such as an
interference is to be declared as illegal and invalid and by
declaring that the permitted indoor and outdoor games are
concerned, to carry on recreational and other lawful
activities like Carrum, Chess, Fantastic II, Played with 3
Dice Ball, Dart Games, Wall Games, Electronic Poker
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Games, Electronic Coin Games Table Tennis, Cards
(Rummy) Video Game, Snooker, Pool Game, Billiards, Ping
Pong, Joker Bonus Games, Six Colour, Skill Game and
other indoor and outdoor games in the petition schedule
premises.

      This writ petition coming on for Preliminary Hearing
this day, the Court made the following;

                            ORDER

Heard.

Issue notice to the respondents. Learned Additional Government Advocate accepts notice to respondents.

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. 4

3. Submission of the learned counsel is placed on record.

4. The relevant portion of the said order reads as under;

" 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) 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), 5 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 6 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 7 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 Msu

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