- 1 - HC-KAR NC: 2025:KHC:35473 WP No. 25435 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25435 OF 2025 (GM-POLICE) BETWEEN: MALNAD KRUSHIKARA KREEDE HAGU MANORANJANE SANGHA (R) SHUKRAVARASANTE VILAGE AND POST HETTURU HOBLISAKLESHPURA TALUK HASSAN DISTRICT-573134 REP BY IT SECRETARY H.A. DODDAIAH S/O LATE HEERAIAH AGED ABOUT 59 YEARS R/AT B BLOCK HETTURU HOBLI, SAKLESHPURA TALUK HASSAN DISTRICT-573134 THE REGISTERED U/S COP-OPP SOCIETY ACT-1986. …PETITIONER (BY SRI. PRATHEEP.K.C.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35473 WP No. 25435 of 2025 AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENR VIDHAN SOUDHA BANGALORE-01. 2. SUB-INSPECTOR OF POLICE YELSUR POLICE STATION SAKLESHPUR TALUK HASSAN DISTRICT 01. 3. DEPUTY SUPERINTENDENT OF POLICE SAKLESHPUR SUB DIVISION SAKLESHPUR HASSAN DISTRICT-01. 4. INSPECTOR OF POLICE SAKLESHPUR RURAL POLICE HASSAN DISTRICT-01. 5. SUPERINTENDENT OF POLICE HASSAN CITY HASAN DISTRICT-01. …RESPONDENTS (BY SMT.K.P. YASHODHA., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 3 - HC-KAR NC: 2025:KHC:35473 WP No. 25435 of 2025 A. ISSUE A WRIT OF MANDAMUS OR IN THE NATURE THEREOF OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR PLAYING OUTDOOR GAMES CRICKET, FOOTBALL, KABBADI, KHO-KHO, BASEBALL, GOLF, HOCKEY ETC AND INDOOR GAMES I.E SNOOCER, BELIYARDS POLL GAME, CHESS, KARATE, CAROM, BRIDGE GAME, TENNIS, BADMINTON, BASKETBALL, VOLLEYBALL ETC GAMES FOR THE BENEFIT OF ITS MEMBERS AND ALSO SOCIAL SERVICES AND ETC. IN THE PREMISES OF CLUB BEING RUN UNDER THE NAME AND KRUSHIKARA STYLE OF MALNAD KREEDE HAGU AT (REGD), SITUATED MANORANJANE SANGHA SHUKRAVARASANTHE VILLAGE, HETTURU HOBLI, SAKLESHPURA TALUK, HASSAN DISTRICT-573134 EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT ORDER AND NOT TO INTERFERE IN THE PLAY OF SKILL ORIENTED GAMES AS MENTIONED ABOVE IN THE PETITIONER'S CLUB PREMISES; B. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:35473 WP No. 25435 of 2025 NOT TO INTERFERE IN THE LAWFUL ACTIVITIES OF PETITIONERS CLUB. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is an association registered under the Karnataka Societies Registration Act, 1960, and the petitioner asserts that it is constituted with the objective of permitting both outdoor and indoor sports. The petitioner contends that it is under duress from the respondents to obtain license though it is settled that no licence is required for entities that are engaged in recreational activities and permitting such sports. Sri Pratheep K.C., the learned counsel for the petitioner, relying upon the afore and certain - 5 - HC-KAR NC: 2025:KHC:35473 WP No. 25435 of 2025 decisions of this Court, submits that this Court must direct the respondents not to insist upon license and permit the petitioner to operate without any restraints from the respondents. This Court on 21.08.2025 has called upon Smt.K.P.Yashodha, the learned Additional Government Advocate, to secure instructions from the respondents for disposal of the petition. The learned Additional Government Advocate submits that the jurisdictional police have instructed in writing that the petitioner has created all facilities for its activities but it has not taken any permission from the panchayath. This Court must observe that this Court's consistent view has been that if an entity is engaged in permitting recreational activities such as sports, no license is required but those entities must ensure certain facilities. This Court must refer to the orders of this Court in W.P.No.46986/2018, which is decided on 28.11.2018. In the light of this consistent - 6 - HC-KAR NC: 2025:KHC:35473 WP No. 25435 of 2025 view, the petition stands disposed of on the following terms: ORDER [a] The petitioner shall install CC TV 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 CC TV footage 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. [b] 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), survelliance, etc. [c] 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. - 7 - HC-KAR NC: 2025:KHC:35473 WP No. 25435 of 2025 [d] The petitioner shall not permit any activity by any of its member(s), that fall within the definition of Sections 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. [e] 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 take action against the petitioner and the offenders, in accordance with law. [f] 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. - 8 - HC-KAR NC: 2025:KHC:35473 WP No. 25435 of 2025 [g] The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner’s – Club/Association. [h] 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/- (B M SHYAM PRASAD) JUDGE NV/SA