Karnataka High Court
M/S Silicon Sports And Cultural ... vs The State Of Karnataka on 6 December, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:44564
WP No. 25436 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 25436 OF 2023 (GM-POLICE)
BETWEEN:
M/S SILICON SPORTS AND CULTURAL ASSOCIATION
REPRESENTED BY ITS PRESIDENT,
SRI SANTHOSH H.G.
C/O GOVINDAIAH,
AGED ABOUT 35 YEARS,
NO. 63, 12TH E CROSS,
MAGADI MAIN ROAD,
MM. COMPLEX,
AGRAHARA DASARAHALLI,
BENAGLURU ZONE -4
BENGALURU-560079
REGISTERED UNDER KARNATAKA SOCIETIES
REGISTRATION ACT, 1960
RESIDING AT
Digitally signed by NO. 34/4, GROUND FLOOR,
PADMAVATHI B K 22ND MAIN ROAD, 4TH CROSS,
Location: HIGH KEMPEGOWDA LAYOUT,
COURT OF
KARNATAKA LAGGERE
BENGALURU-560058.
...PETITIONER
(BY SRI. VIJAY GOWDA L., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE-560001
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WP No. 25436 of 2023
2. THE COMMISSIONER OF POLICE
BENGALURU CITY,
INFANTRY ROAD,
BANGALORE-560001.
3. THE DEPUTY COMMISSIONER OF POLICE
WEST DIVISION,
BANGALORE-560100.
4. THE ASSISTANT COMMISSIONER OF POLICE
VIJAYANAGARA,
SUB DIVISION,
VIJAYANAGARA,
BANGALORE-560040.
5. JOINT COMMISSIONER (CRIME)
BANGALORE CITY,
BANGALORE-560001.
6. THE INSPECTOR OF POLICE
MAGADI ROAD POLICE STATION,
MAGADI ROAD,
BANGALORE-560079.
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
THIS WP 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 U/S 79 AND 80 OF THE KARNATAKA POLICE ACT,
1960 AS SUCH AN INTERFERENCE IS TO BE DECLARED AS
ILLEGAL AND INVALID AND BY DECLARING THAT THE
PERMITTED INDOOR AND OUTDOOR GAES ARE CONCERNED,
TO CARRY ON RECREATIONAL AND OTHER ACTIVITIES LIKE
CHESS, CARROM, FANTASTIC III, WALL GAMES, PLAYED WITH
3 DICE BALL, DART GAMES, ELECTRONIC COIN GAMES, TABLE
TENNIS, CARDS (RUMMY) AND OTHER INDOOR AND OUTDOOR
GAMES IN THE PETITIONER SCHEDULE PREMISES WITH OR
WITHOUT STAKES AND ETC.
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NC: 2023:KHC:44564
WP No. 25436 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Vijay Gowda L., learned counsel appearing for
the petitioner and Sri. Manjunath K., learned HCGP appearing
for the respondents.
2. The petitioner is before this Court, seeking for the
following prayer:
"a) Issue a writ of mandamus or any other
appropriate writ, order or direction, praying to
declare that the respondent police have no
authority to insist the petitioner to obtain
permission or license as required under Sec. 79
and 80 of the Karnataka Police Act, 1960 as such
an interference is to be declared as illegal and
invalid and by declaring that thepermitted indoor
and outdoor games are concerned, to carry on
recreational and other activities like Chess,
Carrom, Fantastic III, wall games, played with 3
dice ball, Dart games, Electronic coin games, table
tennis, cards (Rummy) and other indoor and
outdoor games in the Petitioner Schedule Premises
with or without stakes.
b) Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction as
against the respondents from causing interference
in carrying on recreational and other lawful
activities like Chess, Carrom, Fantastic III, wall
games, played with 3dice ball, Dart games,
Electronic coin games, table tennis, cards
(Rummy) and other indoor and outdoor games for
the benefit of its members and also social service
and etc., and other indoor and outdoor games by
the Petitioner being run under the name and style
of M/s. SILICON SPORTS AND CULTURAL
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ASSOCIATION, M. Complex, Agrahara Dasarahalli,
Bengaluru Zone-4, Bengaluru- 560 079, either
under the Karnataka Police Act or under the
licensing and controlling of the Place of Public
Amusement Order, Bengaluru City.
c) Issue such other and further reliefs that this
Hon'ble Court may deem fit to grant under the
facts and 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:-
"(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
W.P.No.38068/2015 disposed on 09.09.2015
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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
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.
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(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
