Citation : 2026 Latest Caselaw 2476 Kant
Judgement Date : 18 March, 2026
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WP No. 21873 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 21873 OF 2025 (GM-POLICE)
BETWEEN:
THE KARNATAKA FAMILIES ASSOCIATION
DOOR NO 96, 29TH MAIN ROAD,
B T M LAYOUT, 2ND STAGE,
NEXT TO ROYAL ENFIELD SHOW ROOM
BENGALURU - 560076
REGISTERED UNDER KARNATAKA
SOCIETIES REGISTRATION ACT 1960,
PRESENTLY OPERATING AT
ANNAPURNA KALYANA MANTAPA
DODDALASANDRA VILLAGE,
NEAR NH HIGHWAY
SHIRA TALUK TUMKUR DISTRICT - 572137
Digitally signed
by CHAITHRA A REP BY ITS PRESIDENT
Location: HIGH
COURT OF
SRI. NAGARAJU S,
KARNATAKA AGED ABOUT 49 YEARS,
R/A NO.50, NEHRU COLONY,
HOLALKERE TOWN 577 526,
CHITRADURGA DISTRICT,
...PETITIONER
(BY SRI. KUMARA K G., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME,
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NC: 2026:KHC:16058
WP No. 21873 of 2025
HC-KAR
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE INSPECTOR GENERAL OF POLICE,
BENGALURU
CENTRAL RANGE-560001
3. SUPERINTENDENT OF POLICE,
TUMKURU- 572101
4. THE DEPUTY SUPERINTEND OF POLICE,
SHIRA
TUMKURU DISTRICT 572137
5. ADDITIONAL DIRECTOR GENERAL OF POLICE (L AND
O)
BENGALURU- 560001
6. THE CIRCLE INSPECTOR,
SHIRA RURAL POLCIE STATION, 572137
...RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE
WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION DIRECTING THE RESPONDENTS NOT
INSIST THE PETITIONER-ASSOCIATION TO OBTAIN THE
LICENSE TO THE CARRY ON THE LAWFUL ACTIVITIES IN THE
PREMISES OF THE PETITIONERS CLUB EITHER UNDER THE
POLICE ACT OR UNDER THE PROVISIONS OF THE LICENSING
AND CONTROLLING OF PLACE OF PUBLIC AMUSEMENT ORDER
AND NOT TO INTERFERE IN CARRYING OUT LAWFUL
ACTIVITIES SUCH AS, CHESS, SNOOKER, CAROM, ELECTRONIC
COIN GAMES, PENTASTIC-3, THREE DIES BOWLING, (IS
NEWLY KNOWN AS SKILLED ELECTRONIC GAME) POKER, WALL
GAME, SIX COLOUR GAMES, RUMMY ETC., IN THE PREMISES
OF THE PETITIONER- ASSOCIATION.
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NC: 2026:KHC:16058
WP No. 21873 of 2025
HC-KAR
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The petitioner - a Registered Recreation Association
- has approached this Court under Article 226 of the
Constitution seeking a writ of mandamus against
respondents, restraining them from interfering with the
lawful activities carried on by the Association. It is
specifically contended that the activities of the petitioner-
Association are confined to indoor recreational games such
as Chess, Snooker, Carom, Electronic Coin Games,
Pentastic-3, three dies bowling(is newly known as skilled
electronic game), Poker, Wall Game, six colour games,
Rummy etc. conducted in the name and style of The
Karnataka Families Association, and that no unlawful or
prohibited activities are being conducted in the premises.
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HC-KAR
2. It is the case of the petitioner that the
Association is a duly registered Society under the
provisions of the Karnataka Societies Registration Act,
1860 having been registered before the Registrar of
Societies vide Registration No. AMR No.36/23-24 dated
04.10.2023. The petitioner asserts that the Association
has been established exclusively for recreational purposes
and is functioning strictly in accordance with its bye-laws.
3. The grievance projected in the writ petition is
that respondent No.3 - the jurisdictional Police Officer is
repeatedly visiting the premises of the Association without
any justifiable cause and is interfering with the peaceful
conduct of indoor recreational activities. It is alleged that
such interference has not only disrupted the functioning of
the Club but has also resulted in intimidation and threats
to discontinue the activities of the Association.
4. Learned counsel appearing for the petitioner
places reliance on the judgment of this Court in W.P.
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HC-KAR
No.41253/2019, wherein, under similar circumstances,
appropriate directions were issued by referring to the
authoritative pronouncement of the Division Bench of this
Court in D.V.R Recreation Club Vs State of Karnataka
rendered in W.A.No.20090/2015. In the light of the
principles laid down by the Hon'ble Division Bench and the
consistent view taken by this Court in subsequent matters,
the present writ petition is disposed of with the following
directions:
a. 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 game/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.
b. The petitioner shall issue identity card(s) to all its member(s), which shall be produced by the member(s), when called
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upon by the police, during the raid(s) and surveillance etc.
c. The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Sections.2(14) & 2(15) of the Karnataka Police Act, 1963 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, except games of skills.
d. 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 any of the game/s played is/are contrary to any law and in violation of the settled practice, it is open for them to take action against petitioner and the offenders, in accordance with law.
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e. 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.
f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner - Club/Association.
g. 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.
Ordered accordingly.
SD/-
(SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 1 Sl No.: 44
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