Karnataka High Court
Sri Brundavan Sports And Cultural ... vs The State Of Karnataka on 27 March, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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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
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
...PETITIONER
(BY SRI. KENDULI SHIDARAYA MAHADEVAPPA, ADV.)
Digitally signed
by NAGAVENI AND:
Location: High
Court of
Karnataka 1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANASOUDHA,
BANGALORE-560001
2. THE COMMISSIONER OF POLICE,
INFRANTY ROAD,
BANGALORE -560037
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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).
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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.
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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
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
W.P.No.38068/2015 disposed on 09.09.2015
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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.
(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."
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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
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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:
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
