- 1 - NC: 2025:KHC-D:5942 WP No. 101976 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101976 OF 2025 (GM-POLICE) BETWEEN: BALAJI FRIENDS ASSOCIATION KAGALAGOMBA, TQ: BADAMI, DIST: BAGALKOT-587 205, REPRESENTED BY ITS PRESIDENT MANJUNATH KESHAPPA RATHOD, AGE: 31 YEARS, OCC: SOCIAL WORK, AGRICULTURIST AND PRESIDENT, R/O: MUCHAKANDI, LT-1, TQ: BADAMI, DIST: BAGALKOT-587 155. … PETITIONER (BY SRI. MANJUNATH A. KARIGANNAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001, R/BY ITS SECRETARY. 2. THE SUPERINTENDENT OF POLICE, BAGALKOT-587 101, DIST: BAGALKOT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, BAGALKOT, TALUK: BAGALKOT, DIST: BAGALKOT-587 101. 4. THE CIRCLE POLICE INSPECTOR BADAMI, TQ: BADAMI, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5942 WP No. 101976 of 2025 DIST: BAGALKOT-587 201. 5. THE POLICE SUB INSPECTOR KERUR POLICE STATION, KERUR, TQ: BADAMI, DIST: BAGALKOT-587 206. … RESPONDENTS (BY SRI. PRAVEEN K. 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 PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Manjunath A.Karigannavar., counsel for the petitioner and Sri.Praveen Uppar., AGA for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing respondents 2 to 5 not to insist upon the petitioner-Club to secure licence/ permission playing skill games such as carom, rummy, etc., and to direct the respondents not to interfere in the recreational and day to day activities of the petitioner-Club. 3. Counsel for the respective parties urged several contentions. - 3 - NC: 2025:KHC-D:5942 WP No. 101976 of 2025 4. Counsel appearing for the petitioner, reiterating the grounds urged in the writ petition, contended that the petitioner - Balaji Friends Association is duly registered under the Karnataka Societies Registration Act and conducting recreational activities. It is submitted that the petitioner - Club is conducting its day to day affairs as per the byelaws and rules in accordance with law. However, the petitioner’s grievance is that, respondents 2 to 5 are repeatedly interfering and insisting upon the petitioner for obtaining the licence. It is also submitted that the members of the association are not involved in any illegal activities contrary to law. Hence, he sought for allowing the petition. 5. AGA on instructions submits that the petitioner had approached this Court on an earlier occasion in W.P. No.102129/2024 and at that point in time, the petitioner was not carrying on any activities as contended by him in that Writ Petition. However, AGA on instructions submits that as of today the petitioner is carrying on recreational activities. Hence, an appropriate order may be passed. - 4 - NC: 2025:KHC-D:5942 WP No. 101976 of 2025 6. The oral submission made by counsel for the respective parties is placed on record. 7. 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 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, - 5 - NC: 2025:KHC-D:5942 WP No. 101976 of 2025 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 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 - 6 - NC: 2025:KHC-D:5942 WP No. 101976 of 2025 found to have indulged in any unlawful or immoral activities. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 1 SL NO.: 48