- 1 - HC-KAR NC: 2025:KHC-D:16790 WP No. 109111 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109111 OF 2025 (GM-POLICE) BETWEEN: PRAGATI RECREATION ASSOCIATION (R), HOSPETE ROAD, SIRSI 581 401, UTTARA KANNADA, R/BY ITS PRESIDENT, PARMESHWAR ANANT BHAT, AGE. 58 YEARS, OCC. PRESIDENT, R/O. 54, HOSPETE ROAD, SIRSI, UTTAR KANNADA – 581 401. …PETITIONER (BY SRI. SOURABH HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, HOME DEPARTMENT, VIDHAN SOUDHA, BENGALURU 560 001. 2. SUPERINTENDENT OF POLICE, KARNWAR DISTRICT UTTARA KANNADA, KARWAR 581 301. 3. CIRCLE POLICE INSPECTOR, SIRSI, DIST. UTTARA KANNADA – 581 401. 4. THE SUB INSPECTOR OF POLICE, SIRSI POLICE STATION, DIST. UTTARA KANANDA – 581 401. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ENABLE THE PETITIONER TO CARRY-OUT THE RECREATIONAL ACTIVITIES IN PURSUANCE OF IN THE W.P.NO.101071/2023 (GM POLICE) DATED 22.02.2023 VIDE ANNEXURE-A. AND WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2-4 NOT TO REMOVE THE CCTV CAMERAS Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16790 WP No. 109111 of 2025 ALONG WITH DVRS INSTALLED IN THE PREMISES OF THE PETITIONER VIDE ANNEXURE-C AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Writ of Mandamus directing the Respondents to enable the Petitioner to carry-out the recreational activities in pursuance of in the W.P.No.101071/2023 (GM POLICE) dated 22.02.2023 vide Annexure-A. B. Writ of Mandamus directing the Respondents no.2-4 not to remove the CCTV cameras along with DVRs installed in the premises of the petitioner vide Annexure-C. C. Issue any order as this Hon’ble court deems appropriate. 2. Heard the learned counsel appearing for the petitioner and the learned AGA appearing for the respondents. 3. The petitioner-Society registered under the provisions of the Karnataka Registration of Societies Act, 1960, has filed this petition seeking a direction to the respondents not to insist upon the petitioner to obtain licence either under the - 3 - HC-KAR NC: 2025:KHC-D:16790 WP No. 109111 of 2025 Karnataka Police Act, 1963 or under the provisions of the Licensing and Controlling of Places of Public Amusements Orders, 1970 for permitting its members to play skill games. 4. The learned counsel for the petitioner and the learned Additional Government Advocate in unison would submit that this subject petition could also be disposed of with similar directions wherein this Court has been disposing of similar petitions with certain liberty to the local police and directions to the associations concerned to take necessary measures to ensure that its members are not allowed to play any games with stakes or to make profit or gain out of the games played. 5. In the light of the aforesaid submission and the issue being covered, I deem it appropriate to dispose the subject petition in similar terms as rendered by the Co-ordinate Bench of this Court in Writ Petition No.100702/2022 disposed on 18.02.2022. 6. Accordingly, the following : ORDER (i) The petitioner shall install CCTV cameras at the places of access to its members and also at all the - 4 - HC-KAR NC: 2025:KHC-D:16790 WP No. 109111 of 2025 places, wherein game(s) is/are played by the members within a period of six weeks. The CCTV footage of atleast 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 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 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. (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 - 5 - HC-KAR NC: 2025:KHC-D:16790 WP No. 109111 of 2025 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 carried on by the members of the petitioner’sClub/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.NAGAPRASANNA) JUDGE Kmv CT-ASC