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2025 DAILYLAW 25419 (KAR)

M/S ROYAL FLASH SPORTS AND CULTURAL ASSOCIATION v. STATE OF KARNATAKA

WP/13414/2025 · 2025-05-02

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:17958 WP No. 13414 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13414 OF 2025 (GM-POLICE) BETWEEN: M/S. ROYAL FLASH SPORTS AND CULTURAL ASSOCIATION NO. 50, GOLD TOWER, SHOP NO. 67 1ST FLOOR, RESIDENCY ROAD, BENGALURU REPRESENTED BY ITS PRESIDENT MR. K.P.PRAKASH REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960 …PETITIONER (BY SRI BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH ADDL. CHIEF SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA DR. B.R.AMBEDKAR VEEDHI BENGALURU – 560 001. 2. COMMISSIONER OF POLICE BENGALURU, INFANTRY ROAD BENGALURU - 560 001. 3. DEPUTY COMMISSIONER OF POLICE CUBBON PARK Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17958 WP No. 13414 of 2025 BENGALURU CENTRAL DIVISION BENGALURU - 560 001. 4. DEPUTY COMMISSIONER OF POLICE CITY CRIME BRANCH (CCB) SHANTHINAGAR BENGALURU - 560 027. 5. ASSISTANT COMMISSIONER OF POLICE CUBBON PARK SUB DIVISION C/O ASHOK NAGAR POLICE STATION BENGALURU - 560 050. 6. INSPECTOR OF POLICE ASHOK NAGAR POLICE STATION ASHOK NAGAR, BENGALURU - 560 050. …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 DIRECT THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR PLAYING GAMES OF SKILLS LIKE POKER, RUMMY ETC., EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17958 WP No. 13414 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – Royal Flash Sports and Cultural Association 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 to conduct skilled oriented games. 2. Heard Sri Bha.S.Basavaraju, 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 registered on 15.04.2025. 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 - 4 - NC: 2025:KHC:17958 WP No. 13414 of 2025 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 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.. - 5 - NC: 2025:KHC:17958 WP No. 13414 of 2025 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. 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 recreation club 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.: 144 CT:SS