- 1 - NC: 2025:KHC-D:1766 WP No. 100350 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100350 OF 2025 (GM-POLICE) BETWEEN: YALAGANNAVAR SOCIAL CLUB, VEERAPUR, BAGALKOTE, REP BY ITS SECRETARY, MOHAN S/O. DYAMANNA YALAGANNAVAR, AGE ABOUT. 37 YEARS, OCC. BUSINESS, R/O. TQ. VEERAPUR, DIST. BAGALKOT- 587103. …PETITIONER (BY SMT.JOSHNA P. DHANAVE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE -01. 2. SUPERINTENDENT OF POLICE, NAVANAGAR, DIST. BAGALKOT- 587103. 3. CIRCLE POLICE INSPECTOR, DIST. BAGALKOT- 587103. 4. SUB-INSPECTOR OF POLICE DIST. BAGALKOT- 587103. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE WRIT OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENCE FOR THE PLAY OF CAROM, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1766 WP No. 100350 of 2025 CHESS, RUMMY AND BURJI ETC., IN ITS PREMISES EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT ORDER IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The learned counsel appearing for the petitioner Smt.Joshna Dhanave submits that the issue in the lis stands covered by the judgment rendered by the Coordinate Bench in W.P.No.21211/2017 disposed on 11th May 2017. 2. The learned AGA Sri. Sharad V. Magadum would not dispute the position of law as laid down by the Coordinate Bench in the aforesaid judgment. 3. The Coordinate Bench has held as follows: “Heard. 2. Sri T.Nagaraja, learned counsel for the petitioner submits that this matter is covered by an order of this Court dated September 9, 2015 in W.P.No.38068 of 2015. The said submission is not disputed by the learned HCGP. 3. In the circumstances, this petition is disposed - 3 - NC: 2025:KHC-D:1766 WP No. 100350 of 2025 of with following directions: “(i) 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 games(s) is / are played by the members. The CC TV footage of atleast prior 15 days’ period shall be made available by the petitioner, to the 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 police, during the raid(s) and surveillances 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 Ss.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 police find that game(s) played in contrary to any law and in violation of the settled practice, it is open to them to take action against 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 - 4 - NC: 2025:KHC-D:1766 WP No. 100350 of 2025 petitioner’s premises. (vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – 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 member(s) of the petitioner are found to have indulged in any unlawful or immoral activities.” 4. Learned HCGP is permitted to file his memo of appearance in four weeks.” 4. In the light of the aforesaid submission, which is in unison, the petition is disposed of in terms of the afore-quoted directions. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-GTB List No.: 1 Sl No.: 39