Venkatesha Social Association vs The State Of Karnataka
2023 Latest Caselaw 7677 Kant

Citation : 2023 Latest Caselaw 7677 Kant
Judgement Date : 15 November, 2023

Karnataka High Court

Venkatesha Social Association vs The State Of Karnataka on 15 November, 2023

Bench: M.Nagaprasanna

                                               -1-
                                                             NC: 2023:KHC:40627
                                                         WP No. 1825 of 2023




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 15TH DAY OF NOVEMBER, 2023

                                             BEFORE
                           THE HON'BLE MR JUSTICE M.NAGAPRASANNA


                          WRIT PETITION NO. 1825 OF 2023 (GM-POLICE)


                   BETWEEN:

                          VENKATESHA SOCIAL ASSOCIATION
                          NO.16, 1ST FLOOR, BEHIND STRING HOTEL
                          H. SIDDAIAH ROAD
                          BENGALURU - 560002
                          REPRESENTED BY ITS PRESIDENT
                          SRI VENKATESH M
                                                                  ...PETITIONER
                   (BY SRI. LOKESHA M Y, ADVOCATE)

                   AND:

                   1.     THE STATE OF KARNATAKA
                          REPRESENTED BY ITS SECRETARY
                          DEPARTMENT OF HOME
Digitally signed by       VIDHANA SOUDHA
PADMAVATHI B K            BENGALURU-560001
Location: HIGH
COURT OF            2.    THE COMMISSIONER OF POLICE
KARNATAKA
                          INFANTRY ROAD
                          BENGALURU CITY
                          BENGALURU - 560001

                   3.     THE DEPUTY COMMISSIONER OF POLICE
                          WEST DIVISION
                          BENGALURU - 560063

                   4.     THE ASST. COMMISSIONER OF POLICE
                          UPPARPET SUB-DIVISION
                          BENGALURU - 560009
                              -2-
                                         NC: 2023:KHC:40627
                                       WP No. 1825 of 2023




5.   THE INSPECTOR OF POLICE
     KALASIPALYA POLICE STATION
     BENGALURU - 560002

6.   THE DEPUTY COMMISSIONER OF POLICE
     CITY CRIME BRANCH
     RAYAN CIRCLE, N.T PET
     BENGALURU - 560002

                                            ...RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)

     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTUION OF INDIA PRAYING TO 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,DART
GAME, SNOOKER, CAROM, ELECTRONIC COIN GAMES, POKER,
WALL GAME, VIDEO GAMES, RUMMY ETC IN THE PREMISES OF
THE     PETITIONER-ASSOCIATION.    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, POKER,
WALL GAME, VIDEO GAMES, RUMMY ETC IN THE PREMISES OF
THE PETITIONER-ASSOCIATION.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

Heard Sri. Lokesha M.Y., learned counsel appearing for

the petitioner and Sri. Shamanth Naik, the learned HCGP

appearing for the respondents.

NC: 2023:KHC:40627 WP No. 1825 of 2023

2. The petitioner is before this Court, seeking for the

following prayer:

" PRAYER WHEREFORE, the petitioner pray that this Hon'ble Court may be pleased to:

(a) 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, Dart Game, Snooker, carom, electronic coin games, poker, wall game, video games, rummy etc in the premises of the petitioner-Association.

(b) 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, poker, wall game, video games, rummy, etc in the premises of the petitioner-Association.

(c) 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."

3. The learned counsel appearing for the petitioner

would submit that the issue in the lis stands covered by the

NC: 2023:KHC:40627 WP No. 1825 of 2023

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), 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

W.P.No.38068/2015 disposed on 09.09.2015

NC: 2023:KHC:40627 WP No. 1825 of 2023

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."