Karnataka High CourtBairava Sports Club vs State Of Karnataka on 15 May, 2018Author:P.S.Dinesh KumarBench:P.S.Dinesh KumarIN THE HIGH COURT OF KARNATAKA AT
                   BENGALURU

        DATED THIS THE 15TH DAY OF MAY, 2018

                        BEFORE

     THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR

     WRIT PETITION NO.20650 OF 2018 (GM-POLICE)

BETWEEN:

Bairava Sports Club
No.417, B.N.Complex,
Moulim Nagara,
Mysuru - 570026
Represented by its Secretary
Sri. Om Prakash
S/o. Late. B.Shivaram
Aged 47 years,
R/at No.1119, S.K.Road,
Ittigegud, Mysuru - 570010.             ... PETITIONER

(BY SRI. O.SHIVARAM BHAT., ADVOCATE)

AND:

1.     State of Karnataka,
       Represented by its Secretary,
       Department of Home,
       Vidhana Soudha,
       Dr. Ambedkar Veedhi,
       Bengaluru - 560 001.

2.     The Commissioner of Police,
       Mysore City, Mysore - 570 010.
                             2


3.   The Deputy Commissioner of Police,
     (Law and Order)
     Nazarabad Mohalla Division
     Nazarabad, Mysore - 570 010.

4.   The Assistant Commissioner of Police,
     City Crime Branch
     Alanahalli Police Station
     Mysore - 570 026.

5.   Circle Inspector of Police,
     Alanahalli Police Station,
     Mysore - 570 026.

6.   The Sub-Inspector of Police,
     Alanahalli Police Station,
     Mysore - 570 026.              ... RESPONDENTS

(BY SRI. VASANTH.V.FERNANDES, HCGP)

     THIS WRIT PETITION IS FILED UNDERARTICLES 226AND227OF THE CONSTITUTION OF
INDIA, PRAYING TO DIRECT THE R-2 TO 6 NOT TO
INSIST THE PETITIONER TO OBTAIN THE LICENSE
EITHER UNDER KARNATAKA POLICE ACT OR UNDER
THE PROVISIONS OF LICENSING AND CONTROLLING
OF     PLACES    OF    PUBLIC     AMUSEMENT
ACT/ORDER/2002 TO RUN THE ACTIVITIES OF THE
PETITIONER CLUB WHICH IS ENGAGES IN
CONDUCTING INDOOR AND OUTDOOR GAMES LIKE
FOOTBALL, VOLLEY, BALL, BADMINTON, CHESS
AND CAROM RUMMY ETC AND OTHER ALLIED
GAMES IN THE PETITIONER CLUB AND OTHER
ALLIED GAMES IN ANY MANNER WHATSOEVER.
                             3


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

                       ORDERSri Vasanth.V.Fernandes, learned High Court

Government Pleader is directed to take notice for the

respondents.2.    Though this petition is listed for admission,

with consent of learned counsel for the parties, the

same is taken up for final disposal.3.    Both learned counsel fairly and jointly

submit that the matter is covered by this Court's order

dated 03.11.2015 passed in W.P.No.45470/2015.4.    In terms of the said order, I dispose of this

petition with the following order:(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 games4are played by the members. The CC TV
footage of the         previous 15 days' period
shall be maintained by the petitioner at all
times and shall be exhibited to the police,
as and when called upon to do so.(ii)    The petitioner shall issue identity
cards to all its members, which shall be
produced by the members when called
upon      by     the     police,     during        their
surveillance visits.(iii)   The petitioner shall not allow any
non-members        or     the      guests     of    the
members, to make use of its premises for
the purpose of playing any kind of games or
recreational activities.(iv)    The petitioner shall not permit any
activity by any of its members, by indulging
in acts, falling within the definition of
Ss.2(14) & 2(15) of theKarnataka Police
Act, 1963and shall not permit any games
of chance as per Explanation (II) of Sub-section (7) ofSection 2of KP Act. The
members shall not be allowed to play any5kind of games with stakes or make any
profit or gain out of the games played.(v)     The petitioner shall put in place a
proper mechanism to ensure that no games
are played in any unlawful manner by the
members. If the police find that games
played are contrary to any law and in
violation of the settled practice, it is open to
them to take action against the petitioner
and the offenders, in accordance with law.(vi)    The jurisdictional police shall have
liberty to visit the petitioner's premises
periodically 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.(viii) It is made clear that this order would
not come in the way of the jurisdictional
police invoking the provisions of theKP Act6and taking action in accordance with law, if
     the members of the petitioner are found to
     have indulged in any unlawful or immoral
     activities.Writ petition disposed of.No costs.Sd/-JUDGE




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