M/S Bambino Members Cultural ... vs The State Of Karnataka on 3 January, 2018

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Karnataka High Court

M/S Bambino Members Cultural ... vs The State Of Karnataka on 3 January, 2018

Bench: A.S.Bopanna

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 3RD DAY OF JANUARY, 2018

                         BEFORE

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

     WRIT PETITION NO.58495/2017(GM-Police)

BETWEEN :

M/s.Bambino Members
Cultural Association,
No.211, 5th Avenue,
Brigade Road,
Bengaluru - 560 026.
By its President
Sri.P.Girish,
Aged about 48 years.                ...PETITIONER

      (By Sri.Raju S., Adv.)

AND :

1.    The State of Karnataka,
      Rep. by its Secretary,
      Home Department,
      Vidhana Soudha,
      Bangalore - 560 001.

2.    The Commissioner of Police,
      Infantry Road,
      Bangalore - 560 001.

3.    The City Crime Branch
      of Police, Royan Circle,
                           -2-


     Mysore Road,
     Bengaluru - 560 026
     Represented by its
     Assistant Commissioner
     of Police.

4.   The Deputy Commissioner
     Of Police,
     Cubbon Park Sub-Division,
     Bengaluru - 560 001.

5.   The Inspector of Police,
     Cubbon Park Police Station,
     Bengaluru - 560 015.             ...RESPONDENTS

     (By Sri.K.P.Yoganna, HCGP)
                       . . . .

       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 of 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
recreation and other lawful activities like Chess, carom,
Fantastic III, played with 3 dice ball, dart games, wall
games, electronic poker games, electronic coin games
table tennis, cards (rummy) video game, snooker, pool
game, billiards, pin pang, 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:
                            -3-




                         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 -4- 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 -5- 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 -6- 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 SPS

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