- 1 - NC: 2025:KHC:13696 WP No. 7896 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7896 OF 2025 (GM-POLICE) BETWEEN: SRI MALEMAHADESHWARA SPORTS AND CULTURAL ASSOCIATION A REGISTERED SOCIETY, HAVING ITS OFFICE AT NO.82, NEW NO.03 SANJAYANAGARA, NEW TIMBER YARD LAYOUT BENGALURU – 560 026. UNDER K.S.R. ACT, 1960 REPRESENTED BY ITS SECRETARY MR. JAGADISH D. S., …PETITIONER (BY SRI RAJU S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001. 2. THE COMMISSIONER OF POLICE BENGALURU – 560 001. 3. THE DEPUTY COMMISSIONER OF POLICE BANGALORE WEST DIVISION BENGALURU – 560 018. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13696 WP No. 7896 of 2025 4. THE ASSISTANT COMMISSIONER OF POLICE BENGALURU CENTRAL BENGALURU – 560 018. 5. INSPECTOR OF POLICE BYATARAYANAPURA POLICE STATION BYATARAYANAPURA BENGALURU – 560 018. 6. THE ASSISTANT COMMISSIONER OF POLICE THE CITY CRIME BRANCH N.T.PET, BENGALURU – 560 002. …RESPONDENTS (BY SRI RAHUL CARIAPPA K. S., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE RESPONDENT POLICE HAVE NO AUTHORITY TO INSIST THE PETITIONER TO OBTAIN PERMISSION OR LICENSE AS REQUIRED UNDER SEC. 79 AND 80 OF THE KARNATAKA POLICE ACT, 1963 AS SUCH AS AN INTERFERENCE IS TO BE DECLARED AS ILLEGAL AND INVALID AND BY DECLARING THAT THE PERMITTED INDOOR AND OUTDOOR GAMES ARE CONCERNED, TO CARRY ON RECREATIONAL AND OTHER LAWFUL ACTIVITIES LIKE RUGBY, KABBADI, FANTASTIC THREE VIDEO GAMES, CRICKET, HOCKEY VOLLEY-BALL, WALL GAME, WALL BALL, COMPUTERS GAME, POKER, TABLE TENNIS, DARTS GAME, PING PONG BALL GAME, RECREATION AND OTHER ALL SKILLED GAMES EXCEPT GAMBLING, SPOTS, ADVENTURE PROGRAMMERS, SOCIAL, EDUCATIONAL, CULTURAL AND RECREATIONAL ACTIVITIES AND CONDUCT TALUK, DISTRICT AND STATE LEVEL MOTOR RACE CHESS, SNOOKER GAMES, BILLRDS GAMES, POOL GAMES, PLAY STATION, PS5 GAME, CARROM, FANTASTIC III, PLAYED WITH 3 DICE BALL, DART GAMES, ELECTRONIC COIN GAMES TABLE TENNIS, CARDS (RUMMY) SNOOKER, POOL GAME, BILLIARDS, JOKER BONUS GAMES, SIX COLOUR, SKILL GAME, AND OTHER INDOOR AND OUTDOOR GAMES IN THE PETITION SCHEDULE PREMISES. - 3 - NC: 2025:KHC:13696 WP No. 7896 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 – Association is before this Court seeking a writ in the nature of mandamus, directing the respondents – police not to interfere with the activities of the petitioner. 2. Heard Sri Raju S., learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents. 3. Learned counsel appearing for the petitioner submits that the petitioner is a recreational society – Malemahadeshwara Sports and Cultural Association. He would submit that the issue is covered by several judgments rendered by the co-ordinate benches of this Court and this Court as well. A co-ordinate bench of this Court in W.P.No.30071/2014 disposed on 15.10.2014, has laid down the guidelines. It reads as follows: - 4 - NC: 2025:KHC:13696 WP No. 7896 of 2025 "(i) The petitioner shall install within a period of six weeks, CC TV cameras, at the places of access to its members and also at all the places, wherein games are played by the members. The CC TV footage of atleast 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 cards to all its members, which shall be produced by the members, when called upon by the concerned police, during the raids, survelliance, 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 members, by indulging in acts of amusement, falling within the definition of Sections 2(14) & 2(15) of the Act and shall not permit any games of chance as per Explanation (II) of Sub-section (7) of Section 2 of the Act. The members shall not be allowed to play any kind of games 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 games are played in any unlawful manner by the members. 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 take 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 on 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 action in accordance with law, if the - 5 - NC: 2025:KHC:13696 WP No. 7896 of 2025 members of the petitioner is/are found to have indulged in any unlawful or immoral activities. This writ petition is also disposed of in the aforesaid terms.. In the light of the afore-quoted order, which covers the issue on all its fours, the writ petition deserves to succeed. 5. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. b. Mandamus issues to the respondents not to interfere with the activities of the petitioner – Association. c. The respondents are at liberty to take legal action, in the event, the activities of the Association are found unlawful and while doing so, they shall bear in mind the order passed in W.P.No.30071/2014 dated 15.10.2014. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 103 CT:SS