[Cites 2, Cited by 0]
Karnataka High Court
Shree Mallika Friends Recreation Club vs The State Of Karnataka on 8 April, 2026
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WP No. 102915 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF APRIL 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.102915 OF 2026 (GM-POLICE)
BETWEEN:
SHREE MALLIKA FRIENDS RECREATION CLUB
AT SRI RAMDAS COMPLEX, BANK ROAD,
HONNAVAR, TQ. HONNAVAR,
DIST. UTTARKANNADA, REP. BY ITS SECRETARY,
UDAY MARTHU NAIK,
AGE. 59 YEARS, OCC. BUSINESS,
R/O. SALIHITTAL, HONNAVAR, DIST. KARWAR.
...PETITIONER
(BY SRI. PRASHANT V.MOGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY, HOME DEPARTMENT,
VIDHANA SOUDHA, BANGALORU-560001.
2. THE DEPUTY COMMISSIONER,
KARWAR-581301.
VIJAYALAKSHMI 3. THE SUPERINTENDENT OF POLICE,
M KANKUPPI
KARWAR-581301.
Digitally signed by
4. THE DY. SUPERINTENDENT OF POLICE,
VIJAYALAKSHMI KARWAR-581301.
M KANKUPPI
Date: 2026.04.09 5. THE CIRCLE INSPECTOR OF POLICE,
17:12:55 +0530
HONNAVAR, DIST. KARWAR-581334.
6. THE POLICE SUB-INSPECTOR,
HONNAVAR, DIST. KARWAR-581334.
...RESPONDENTS
(BY SRI. T. HANAMAREDDY, ADDL. GOVT. ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS NOT TO INTERFERE IN LAWFUL
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WP No. 102915 of 2026
HC-KAR
ACTIVITIES OF THE PETITIONERS SOCIETY AND TO CARRY OUT
RECREATIONAL ACTIVITIES IN PURSUANCE OF ANNEXURE A AND B
AND ETC.,.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
Learned AGA accepts notice for respondent Nos.1 to 5.
2. The petitioner is before this Court seeking for the
following reliefs:
a) Issue a writ of mandamus directing the
respondents not to interfere in lawful activities of the
petitioner's society and to carry out recreational activities
in pursuance of Annexure A and B.
b) Issue such other writ / order / direction as
deemed fit, in the interest of justice and equity.
3. Both the counsels submit that, the above matter
is covered by the order dated 22.02.2016 passed in
W.P.NO.101799/2016 (GM-POLICE) IN SRIMANTH
RAMCHANDRARAO APPASAHEB CLUB, JAMAKHANDI VS. STATE
OF KARNATAKA.
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HC-KAR
4. In view of the aforesaid submissions and in the
light of the decision in WP.No.101799/2016 (GM-Police) and
with a view to maintain parity, writ petition is disposed of
with the following directions:
i. The petitioner shall install CCTV cameras at the
places of access to its members and also at all
the places, wherein game(s) is/are played by the
members within a period of six weeks. The CCTV
footages of at least prior 15 days' period shall be
made available by the petitioner to the
jurisdictional 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 concerned
police, during the raid(s), surveillance, 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
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HC-KAR
Sections 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
jurisdictional police find the game(s) played is/are
contrary to any law and in violation of the settled
practice, it is open to them to taken action
against the 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 or by the
members of the petitioner's-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
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HC-KAR
action In accordance with law, if the member(s)
of the petitioner is/are found to have indulged in
any unlawful or immoral activities.
No order as to costs.
Sd/-
(ASHOK S. KINAGI)
JUDGE
kmv
CT: UMD
