[Cites 3, Cited by 0]
Karnataka High Court
Kerur Friends Club vs State Of Karnataka on 3 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:17206
WP No. 109024 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 3RD DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 109024 OF 2025 (GM-POLICE)
BETWEEN:
KERUR FRIENDS CLUB (R), KERUR,
R/BY ITS PRESIDENT,
SRINIVAS S/O YALLAPPA KALAL,
AGE. 51 YEARS,
OCC. LABOUR CONTRACTOR AND SOCIAL WORKER,
R/O. AT/PT. KERUR, BADAMI,
DIST. BAGALKOTE - 587 206.
...PETITIONER
(BY SRI. SHUBHENDU A. AKALWADI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
R/BY ITS SECRETARY,
DEPARTMENT OF HOME,
VIDHANA SOUDHA,
BANGALORE 560 001.
2. THE INSPECTOR GENERAL OF POLICE,
STATE OF KARNATAKA,
Digitally signed by CENTRAL RANGE, MILLERS ROAD,
VISHAL NINGAPPA
PATTIHAL BENGALURU 560 052.
Location: High
Court of Karnataka,
Dharwad Bench, 3. THE DEPUTY INSPECTOR GENERAL OF POLICE,
Dharwad
JEEJA MATA ROAD,
NORTHERN RANGE POLICE BHAVAN,
BELAGAVI 590 001.
4. THE SUPERINTENDENT OF POLICE,
NAVANAGAR, BAGALKOTE,
DIST. BAGALKOTE 587 101.
5. THE CIRCLE INSPECTOR OF POLICE,
MUTTANGI ROAD,
BADAMI 587 201.
-2-
NC: 2025:KHC-D:17206
WP No. 109024 of 2025
HC-KAR
6. THE POLICE SUB INSPECTOR,
KERUR PS,
OPP. AMBEDKAR CIRCLE,
KERUR 587 206.
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT
AUTHORITIES TO FORTHWITH PERMIT THE PETITION TO OPEN THE
CLUB AND TO CONTINUE ITS DAY-TO-DAY ACTIVITIES IN THE
INTEREST OF JUSTICE AND EQUITY. B) ISSUE THE WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.6 TO
CONSIDER THE REPRESENTATION MADE BY THE PETITIONER WITH
REGARD TO THE SEIZED ITEMS FROM THE PETITIONER'S PREMISES
ON THE RAID CONDUCTED ON 14/04/2025, VIDE ANNEXURE- C
DATED 23/07/2025 IN THE INTEREST OF JUSTICE AND EQUITY.
C) ISSUE THE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT NO.6 AUTHORITIES NOT TO INTERFERE WITH THE
DAY-TO-DAY ACTIVITIES OF THE PETITIONER CLUB AND NOT TO
ISSUE ORAL DIRECTIONS TO CLOSE DOWN THE ACTIVITIES WITHOUT
ASSIGNING ANY REASONS AND/OR WITHOUT GIVING ANYTHING IN
WRITING IN THE INTEREST OF JUSTICE AND EQUITY. D) ISSUE THE
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT
AUTHORITIES TO COMMUNICATE/ISSUE ANY DIRECTIONS TO THE
PETITIONER CLUB ONLY BY WAY OF WRITTEN DOCUMENTS AND NOT
OTHERWISE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
-3-
NC: 2025:KHC-D:17206
WP No. 109024 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioner is before this Court seeking a direction
by issuance of a writ in the nature of mandamus directing
the respondent - Police to restrain from interfering with the
activities of the petitioner - Club.
2. Heard Sri. Shubendra A. Akalwadi, learned
counsel for the petitioner and Sri. T. Hanumareddy, learned
AGA for the respondents.
3. Learned counsel appearing for the petitioner
submits that the petitioner - Club has not undertaken any
such illegal activity for interference. He would also submit
that the issue is covered by plethora of judgments rendered
by this Court. Though the petitioner - Club is abiding with
the terms and conditions as directed by this Court, the
respondents - Police are insisting to obtain license, which is
contrary to law.
4. In the peculiar facts and circumstances of this
case, I deem it appropriate to refer to the order passed by
NC: 2025:KHC-D:17206
HC-KAR
the Co-ordinate Bench of this Court in W.P. No.21211 of
2017, disposed on 11th May 2017, wherein it has held as
follows:
"Heard.
2. Sri T.Nagaraja, learned counsel for
the petitioner submits that this matter is covered
by an order of this Court dated September 9,
2015 in W.P.No.38068 of 2015. The said
submission is not disputed by the learned HCGP.
3. In the circumstances, this petition is
disposed of with 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 atleast
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
NC: 2025:KHC-D:17206
HC-KAR
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 in contrary to any law and in
NC: 2025:KHC-D:17206
HC-KAR
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."
Learned HCGP is permitted to file his memo
of appearance in four weeks."
NC: 2025:KHC-D:17206
HC-KAR
5. In the light of the issue standing covered by the
judgment passed by the Co-ordinate Bench of this Court
(supra), on all its fours and on the same reasons, the
subject petition also stands disposed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
RSH/CT-ASC
List No.: 1 Sl No.: 77
