- 1 - NC: 2025:KHC-D:4107 WP No. 101267 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101267 OF 2025 (GM-POLICE) BETWEEN: STAR SPORTS AND RECREATION ASSOCIATION, WARD NO.17, GROUND FLOOR, KOLACHAM COMPOUND, SANGEETHA COMPLEX, BALLARI, OPP. OLD KSRTC BUS STAND, BALLARI-583 102, REPT. BY THE PRESIDENT, B. BASAVARAJ S/O ERANNA, WARD NO.19, MARUTI COLONY, NEAR MMTC COMPOUND, BALLARI-583 101. …PETITIONER (BY SRI. PRASHANTH MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO THE HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, BALLARI, DC OFFICE COMPOUND, BELLARY-583 201. 3. THE SUPERINTENDENT OF POLICE, NEAR CENTRAL JAIL-BELLARI-583 201. 4. THE DYSP POLICE, GANDHINAGAR P.S., BELLARI-583 201. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4107 WP No. 101267 of 2025 5. CIRCLE POLICE INSPECTOR, GANDHINAGAR, P.S. BELLARI-583 201. 6. THE SUB-INSPECTOR OF POLICE, GANDHINAGAR P.S., BELLARI -583 201. …RESPONDENTS (BY SRI. PRAVEEN UPPAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR FRESH MATTERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Prashant Mathapati., counsel for the petitioner and Sri.Praveen Uppar., AGA for the respondents have appeared in person. 2. Counsel for the respective parties urged several contentions. 3. Counsel appearing for the petitioner, reiterating the grounds urged in the writ petition, contended that the petitioner are running recreational activities and are not indulged in any illegal activities and therefore, respondents cannot insist or interfere with the petitioner legal activities. - 3 - NC: 2025:KHC-D:4107 WP No. 101267 of 2025 The conduct of the respondents is illegal and therefore, sought to allow the writ petition. 4. Per contra, AGA submits that the respondents will not interfere with the recreational activities of the petitioner, if conducted legally. Only if the petitioner indulge in illegal activities, then the respondents will take action in accordance with law. The said submission is placed on record. Counsel for the petitioner and AGA jointly submits that the Writ Petition may be disposed of in terms of the order passed by the Co-ordinate Bench of this Court in Writ Petition No.100973/2023 disposed of on 23.02.2023. The oral submission made by counsel for the respective parties is placed on record. 5. Heard the arguments and perused the Writ papers with utmost care. 6. In view of the above, the present writ petition is disposed of with the 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 - 4 - NC: 2025:KHC-D:4107 WP No. 101267 of 2025 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. (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 surveillance 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, except games of skill. (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 any of the game/s played is/are contrary to any law and in violation of the settled practice, it is - 5 - NC: 2025:KHC-D:4107 WP No. 101267 of 2025 open for 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 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. Sd/- (JYOTI MULIMANI) JUDGE MRP/CLK LIST NO.: 1 SL NO.: 35