Karnataka High Court
Shree Bhyrava Sports And Recreation ... vs The State Of Karnataka on 12 December, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:45031
WP No. 27046 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 27046 OF 2023 (GM-POLICE)
BETWEEN:
SHREE BHYRAVA
SPORTS AND RECREATION ASSOCAITION,
POCHAKATTE, PUNITH RAJKUMAR CIRCLE,
POCHAKATTE GRAMA, HULIYURU HOBLI,
CHIKKANAYAKANAHALLI TALUK,
TUMKUR DISTRICT - 572 218.
REP. BY ITS SECRETARY,
SRI. H.B. BYRESH,
S/O H.D. BYRAPPA,
AGED ABOUT 46 YEARS,
REGISTERED UNDER KARNATAKA
SOCIETIES ACT, 1960.
...PETITIONER
Digitally signed
by PADMAVATHI (BY SRI. HIREMATH N.S., ADVOCATE)
BK
Location: HIGH AND:
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA,
DEPARTMENT OF HOME AFFAIRS,
VIDHANA SOUDHA,
BENGALURU - 560 001,
REPRESENTED BY ITS SECRETARY.
2. THE SUPERINTENDENT OF POLICE,
TUMAKURU DISTRICT,
TUMAKURU - 572 101.
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NC: 2023:KHC:45031
WP No. 27046 of 2023
3. THE DEPUTY SUPERINTENDENT OF POLICE,
TIPTUR SUB DIVISION, TIPTUR - 572 218,
TUMAKRURU DISTRICT.
4. THE CIRCLE INSPECTOR OF POLICE,
CHIKKNAYAKANAHALLI - 572 218,
TUMAKURU DISTRICT.
5. THE SUB INSPECTOR OF POLICE,
HULIYARU POLICE STATION,
HULIYARU - 572 218,
TUMAKURU DISTRICT.
6. THE CITY CRIME BRANCH OF POLICE,
RAYAN CIRCLE, MYSORE ROAD,
BENGALURU - 560 002,
REPRESENTED BY ITS
DEPUTY COMMISSIONER OF POLICE.
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTION 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,
SNOOKER, CAROM, ELECTRONIC COIN GAMES, PENTASTIC-3 ,
VIDEO GAMES, THREE DIES BOWLING , (IS NEWLY KNOWN AS
SKILLED ELECTRONIC GAME) POKER, WALL GAME, SIX
COLOUR GAMES, RUMMY ETC., IN THE PREMISES OF THE
PETITIONER-ASSOCIATION AND ETC.
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NC: 2023:KHC:45031
WP No. 27046 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Hiremath N.S., learned counsel appearing for
the petitioner and Sri. Manjunath K., the learned HCGP
appearing for the respondents.
2. The petitioner is before this Court, seeking for the
following prayers:
"i. Issue a writ in the nature of mandamus, directing
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,
snooker, Carom, Electronic coin games, Pentastic-
3, Video Games, Three Dies Bowling, (is newly
known as skilled electronic game) poker, wall
game, six colour games, rummy etc., in the
premises of the petitioner - Association.
ii. Issue a writ in the nature of Mandamus directing
the respondents not to interfere with the activities
of the petitioner - Association for the recreation of
its members by playing the skilled games like
chess, Dart Game, snooker, carom electronic coin
games, games, poker, wall game, rummy, etc. in
the premises of the petitioner - Association.
iii. Issue a direction, directing the Second respondent
to consider the representation vide Annexure - E,
dated 15/11/2023
iv. Pass such any other orders or directions, as this
Hon'ble Court deems fit in the facts and
circumstances of the case, in the interest of justice
and equity."
NC: 2023:KHC:45031
3. The learned counsel appearing for the petitioner
would submit that the issue in the lis stands covered by the
judgment rendered by the Co-ordinate Bench in the case of
M/S NAVARANG ASSOCIATION Vs. THE STATE OF
KARNATAKA1, the Co-ordinate Bench has held as follows:
"Learned Government Advocate to accept notice
for respondents No.1 to 7 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. 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 (between 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 at least 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 surveillances
etc.
(iii) The petitioner shall not allow any non-
member(s) or the guest(s) of the member(s),
W.P.No.38068/2015 disposed on 09.09.2015
NC: 2023:KHC:45031
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."
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4. In the light of the issue standing covered by
judgment rendered by the Co-ordinate Bench and the facts
being undisputed, the petition stands disposed on the same
terms.
Sd/-
JUDGE
SJK
CT:SNN
