- 1 - NC: 2025:KHC:16184 WP No. 9139 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9139 OF 2025 (GM-POLICE) BETWEEN: THE DAVANAGERE FRIENDS MANORANJANA KENDRA (R) NO.1307, NEAR JAYADEVA CIRCLE NITUVALLI ROAD DAVANAGERE – 577 002 REPRESENTED BY ITS SECRETARY RAMACHANDRA H., S/O LATE HANUMANTHAPPA H. B., AGED ABOUT 54 YEARS R/O DOOR NO.2595/6A, “SUSHEECHANDRA”. 4TH MAIN, 4TH CROSS, MCC ‘A’ BLOCK DAVANAGERE – 577 004 REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960. …PETITIONER (BY SRI G.J.SUNKAPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU – 560 001. 2. THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16184 WP No. 9139 of 2025 DAVANAGERE DAVANAGERE DISTRICT – 577 001. 3. THE POLICE SUB-INSPECTOR BASAVA NAGARA POLICE STATION DAVANAGERE, DAVANAGERE CITY – 577 001. …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 RESTRAIN THE RESPONDENTS AND THEIR SUB ORDINATE OFFICIALS FROM INSISTING ON THE PETITIONER ASSOCIATION (CLUB) TO OBTAIN LICENSE TO RUN THE PETITIONER RECREATION CLUB. 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 – Davanagere Friends Manoranjana Kendra is before this Court seeking a writ in the nature of mandamus, directing the respondents – police not to insist upon the petitioner to obtain license. 2. Heard Sri G.J.Sunkapur, learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents. - 3 - NC: 2025:KHC:16184 WP No. 9139 of 2025 3. Learned counsel appearing for the petitioner submits that the petitioner is a recreational society registered on 11.11.2024. 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: "(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 - 4 - NC: 2025:KHC:16184 WP No. 9139 of 2025 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 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. 4. For the aforesaid reasons, the following: ORDER a. The writ petition is disposed. b. Mandamus issues to the respondents not to insist upon the petitioner to obtain license or interfere with the activities of the petitioner – Association. - 5 - NC: 2025:KHC:16184 WP No. 9139 of 2025 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. d. This order cannot be construed that the petitioner can run the Association or the Manoranjana Kendra without adequate license, from the appropriate authorities, if required in accordance with the law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 82 CT:SS