- 1 - NC: 2025:KHC-D:6988 WP No. 102281 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO. 102281 OF 2025 (GM-POLICE) BETWEEN: SHRI. KASAPURA ANJANEYA SWAMY RECREATION ASSOCIATION 3RD FLOOR, NEAR SBI BANK, HOSPET ROAD, CANTONMENT, SUDHA CROSS, BALLARI 583102 REPT BY THE PRESIDENT, GOVINDA S/O. NARAYANAPPA, R/O. 32ND WARD, HOSPET ROAD, NAGALAKERE, BELLARY PO. BELLARY COWL BAZAR, DIST. BELLARY-583102. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560001. 2. THE DEPUTY COMMISSIONER – BALLARI, D. C. OFFICE COMPOUND, BALLARI - 583201. 3. THE SUPERINTENDENT OF POLICE BALLARI - 583201 4. THE DYSP BALLARI – 583201. 5. CIRCLE POLICE INSPECTOR RURAL TOWN BALLARI, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6988 WP No. 102281 of 2025 TAL & DIST. BALLARI 583201 6. THE SUB INSPECTOR OF POLICE COWL BAZAR BALLARI, DIST. TAL. BALLARI 583201. …RESPONDENTS (BY SRI. PRAVEEN UPPAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO NOT INSIST UPON THE PETITIONER TO OBTAIN CHESS, CAROM RUMMY 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 PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of mandamus directing the respondents not to insist the petitioner to obtain any license under the Karnataka Police Act or under the Licensing and Controlling of Place of Public Amusement Order. 2. Heard Sri.Prashant Mathapathi, learned counsel for the petitioner and Sri.Praveen Uppar, learned AGA for respondents. Perused the materials on record. - 3 - NC: 2025:KHC-D:6988 WP No. 102281 of 2025 3. It is the contention of the learned counsel for the petitioner that the petitioner is an Association registered under the provisions of the Karnataka Society Registration Act, 1960, produced as per Annexure-A and obtained certificate of establishment from the Department of Labour, Government of Karnataka, and is also having trade license from Bellary City Corporation, produced as per Annexure-B. In spite of that, the respondents are insisting for taking their license for the purpose of running recreation club. 4. Learned counsel for the petitioner placed reliance on the Annexure-E - the order passed by the Co-ordinate Bench in WP.No.102086/2022, dated 13.06.2022, where the Co-ordinate bench has disposed of the writ petition by issuing the following directions “(i) The petitioner shall install CCTV cameras at the places of access to its members and also at all the places, wherein game(s) is/are played by the members within a period of six weeks. The CCTV footages of at least prior 15 days' period shall be made available by the petitioner to the jurisdictional police, as and when called upon to do so. - 4 - NC: 2025:KHC-D:6988 WP No. 102281 of 2025 (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 concerned police, during the raid(s), 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 Sections2(1) & 2(1) of the Act and shall not permit any games(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 jurisdictional police find the game(s) played is/are contrary to any law and in violation of the settled practice, it is open to - 5 - NC: 2025:KHC-D:6988 WP No. 102281 of 2025 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 member(s) of the petitioner is/are found to have indulged in any unlawful or immoral activities. 5. It is also brought to the notice of the Court that the order of the Co-ordinate Bench of this Court referred to above was challenged before the Division Bench by preferring Writ Appeal No.100358 of 2022. The said writ - 6 - NC: 2025:KHC-D:6988 WP No. 102281 of 2025 appeal was disposed off on 15.09.2022, by replacing the clause (iv) as under: ”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(1) & 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 the games of skill.” 6. Learned counsel for the petitioner has no objection to follow such directions for the purpose of running the recreation club. 7. Learned Additional Advocate General does not have any objection, if the petitioner complies with the directions refer to above, while running the recreation club. 8. In view of the above, I proceed to pass the following: - 7 - NC: 2025:KHC-D:6988 WP No. 102281 of 2025 ORDER i) The petition is allowed. ii) The respondents are directed not to insist for any license either under the Karnataka Police Act or under the Licensing and Controlling of the Place of Public Amusement Order, on the condition that the petitioner shall comply the following conditions: (i) The petitioner shall install CCTV cameras at the places of access to its members and also at all the places, wherein game(s) is/are played by the members within a period of six weeks. The CCTV footages of at least 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 card(s) to all its member(s), which shall be produced by the member(s), when called upon by the concerned police, during the raid(s), 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 - 8 - NC: 2025:KHC-D:6988 WP No. 102281 of 2025 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(1) & 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 the 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 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 taken 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 - 9 - NC: 2025:KHC-D:6988 WP No. 102281 of 2025 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 member(s) of the petitioner is/are found to have indulged in any unlawful or immoral activities. Sd/- (M.G.UMA) JUDGE VB CT:ANB List No.: 3 Sl No.: 30