Writ Petition No. 6898 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:13081 WP No. 6898 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6898 OF 2025 (GM-POLICE) BETWEEN: 1. SRI BRUNDAVAN SPORTS AND CULTURAL
Legal Reasoning
passed by this Court in W.P.No.21832/2023 dated 08.11.2023, wherein it has held as follows: "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), to 1 W.P.No.38068/2015 disposed on 09.09.2015 - 5 - NC: 2025:KHC:13081 WP No. 6898 of 2025 make use of its premises for the purpose of playing any kind of game(s) or recreational activities. falling within (iv) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, 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." 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." - 6 - NC: 2025:KHC:13081 WP No. 6898 of 2025 4. Learned AGA had submitted that the petitioners are indulging in certain illegal activities and therefore, this Court direct the petitioner to file an affidavit of undertaking. 5. The affidavit is filed after serving a copy upon the State and the State is now satisfied with the affidavit of undertaking. The affidavit reads as follows: "AFFIDAVIT I, Brundavan Sports and Cultural Association, represented by its President Bapuji. C S/o Choudaiah, No.26, 4th Main, 5th Cross, Vinayaka Layout, Vijayanagara 2nd Stage Bangalore-560040 , do hereby solemnly affirm and state on oath as follows. 1. I submit that I am the petitioner in the above case and I know the facts of the case and hence I am answering to this affidavit. 2. I further submit that, in view of the order passed by this Hon'ble Court the respondents police allowed us to run the association for few months. There was no liquor and illegal activities in the premises. 3. I submit that due by election in the month of November, 2024, they asked us to stop the association. After the election was over and requested to start the same and they are not allowing us to run the same. 4. I submit that when we issued a letter dated 14.01.2025 and they replied on 25.01.2025 stating that they have traced that drinking and disposing the same in club premises for several days and not to allow these types of illegal activities in the premises instructed the association. 5. I further submit that as per the direction of this Hon'ble Court I am filing this affidavit stating that henceforth the association will not allow any type illegal - 7 - NC: 2025:KHC:13081 WP No. 6898 of 2025 activities inside or outside the premises and we will bound by the conditions imposed by this Hon'ble Court for running Recreational Activities. Hence this affidavit. What it stated above is true and correct to the best of my knowledge, belief and information." 6. In that light, the petition deserves to be succeed and I pass the following:
Arguments
ASSOCIATION REGISTERED UNDER CO-OPERATIVE SOCIETY'S ACT NO. 85/83, BANAGAHALLI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562160 REPRESENTED BY ITS PRESIDENT SRI. BAPUJI (BY SRI. KENDULI SHIDARAYA MAHADEVAPPA, ADV.) …PETITIONER Digitally signed by NAGAVENI Location: High Court of Karnataka AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANASOUDHA, BANGALORE-560001 2. THE COMMISSIONER OF POLICE, INFRANTY ROAD, BANGALORE -560037 - 2 - NC: 2025:KHC:13081 WP No. 6898 of 2025 3. DEPUTY SUPERINDTENT OF POLICE, CHANNAPATNA DIVISION, CHANNAPATNA TOWN-562160 4. CIRCLE INSPECTOR OF POLICE, CHANNAPATNA RURAL DIVISION, CHANNAPATNA-562160. 5. POLICE INSPECTOR, AKKURU POLICE STATION, AKKURU CHANNAPATNA TALUK - 562160 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INTERFERE WITH ACTIVITIES OF THE ASSOCIATION/CLUB IN ANY PASSION, AS DIRECTED BY THIS HONBLE COURT IN WP.NO.21832/2023(GM-RES) OR ANY OTHER APPROPRIATE WRIT ORDER AND DIRECTION, DIRECTING THE RESPONDENTS NOT TO INTERFERE THE RUNNING OF THE ASSOCIATION AND CLOSE THE SAME AND ALLOW THE MEMBERS TO PLAY THE GAME OF CAROM, RUMMY, CHESS ETC., AND OTHER SKILL GAMES IN THE SCHEDULE PREMISES EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT AS THE ABOVE SAID ARE DESIRED AS THE GAMES OF SKILL BY THIS HONBLE COURT (ANNX-F). - 3 - NC: 2025:KHC:13081 WP No. 6898 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayers: "i) to issue of Writ of Mandamus directing the respondents not to interfere with activities of the Association/club in any passion, as directed by this Hon'ble Court in WP.No.21832/2023(GM-RES) or any other appropriate Writ order and direction, directing the respondents not to interfere the running of the Association and close the same and allow the members to play the game of Carom, Rummy, Chess etc., and other skill games in the schedule premises either under the Karnataka Police Act or under the Licensing and Controlling of places of Public Amusement as the above said are desired as the Games of Skill by this Hon'ble Court. ii) Grant such other relief or reliefs as this Hon'ble Court deems fit to grant n the circumstances of the case, in the interest of justice and equity." 2. Heard Sri. Kenduli Shidaraya Mahadevappa, learned counsel appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record. - 4 - NC: 2025:KHC:13081 WP No. 6898 of 2025 3. In the normal circumstance, the petition would have been disposed by following the orders generally passed by this Court, one of which, I deem it appropriate to quote the order
Decision
ORDER (i) Writ Petition is allowed. (ii) The petitioner shall be permitted to run the recreation club, in accordance with law. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 71