Karnataka High Court
The Bangalore Celebrity Sports And ... vs State Of Karnataka on 4 December, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:43765
WP No. 26148 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 26148 OF 2023 (GM-POLICE)
BETWEEN:
THE BANGALORE CELEBRITY SPORTS AND CULTURAL
ASSOCIATION
NO. 68, N. K. BUILDING,
MANJEGOWDA COMPLEX,
(J.K. TYRE BUILDING),
VENKATAPPA LANE,
OPPOSITE BISLERI FACTORY,
KENNAMANGALA, NG-7,
BEVANAHALLI,
BANGALORE RURAL DISTRICT-562 110.
REPRESENTED BY ITS PRESIDENT
MR. T. R. SOMASHEKAR,
AGED ABOUT 46 YEARS.
(REGISTERED UNDER KARNATAKA SOCIETIES
Digitally signed by REGISTRATION ACT, 1960)
PADMAVATHI B K
Location: HIGH ...PETITIONER
COURT OF (BY SRI. SHARATH KUMAR SHETTY, ADVOCATE)
KARNATAKA
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE-560001.
2. THE COMMISSIONER OF POLICE
BANGALORE-560 001.
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NC: 2023:KHC:43765
WP No. 26148 of 2023
3. THE DEPUTY COMMISSIONER OF POLICE
BANGALORE NORTH EAST,
BANGALORE-560 034.
4. THE ASSISTANT COMMISSIONER OF POLICE
DEVANAHALLI SUB-DIVISION,
BANGALORE-560 027.
5. THE INSPECTOR OF POLICE
DEVANAHALLI,
BANGALORE-562 110.
6. THE ASSISTANT COMMISSIONER POLICE
THE CITY CRIME BRANCH,
N.T. PET,
BANGALORE-560 002.
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN THE LICENSE TO CARRY IN LAWFUL ACTIVITIES IN
THE PREMISES OF THE PETITIONERS ASSOCIATION EITHER
UNDER THE LICENSING AND CONTROLLING OF THE
KARNATAKA POLICE ACT AND NOT TO INTERFERE IN THE PLAY
OF SKILL FANTASTIC-3, SIX COLOR GAME, CHESS, SNOOKER,
RUMMY, POKER, ELECTRONIC COIN GAMES, CAROM,
BILLIARDS, ETC., WHICH ARE GAMES OF SKILL.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Sharath Kumar Shetty, learned counsel
appearing for the petitioner and Sri. Manjunath K., learned
HCGP appearing for the respondents.
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2. The petitioner is before this Court, seeking for the
following prayer:
"Wherefore, it is respectfully prayed that this Honb'le
Court is pleased to issued a Writ of Mandamusor any
other appropriate Writ, order or directions, directing the
Respondents not to insist upon the petitioner to obtain
the License to carry in lawful activities in the premises of
the petitioner's Association either under the Licensing
and Controlling of the Karnataka Police Act and not to
interfere in the play of skill Fantastic-3, six color game,
Chess, Snooker, Rummy, Poker, Electronic Coin Games,
Carom, Billiards, etc., which are the games of skill.
Grant such other relief or relief's as this Hon'ble Court
deems fit in the circumstances of the case, in the
interest of justice. "
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:-
W.P.No.38068/2015 disposed on 09.09.2015
NC: 2023:KHC:43765
"(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),
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
NC: 2023:KHC:43765
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."
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
KG
