- 1 - NC: 2025:KHC-D:4 WP No. 105132 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.105132 OF 2024 (GM-POLICE) BETWEEN: S.R.PATIL SOCIAL CLUB (R) KOLUR, SY.NO. 146/5, TQ: BILAGI, DIST: BAGALKOT NOW AT GUDUR SC, PROPERTY NO.150100402600165056 TQ: HUNAGUND, DIST: BAGALKOT, REPRESENTED BY ITS SECRETARY, SHRI MALLANAGOUDA S/O. RANGAPPA PATIL, AGE: 27 YEARS, OCC: SECRETARY, R/O: NAGARAL, TQ: MUDHOL, DIST: BAGALKOT – 587 313. …PETITIONER (BY SRI KIRANKUMAR CHATTIMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 01. 2. THE DIRECTOR GENERAL OF POLICE, NRUPATUNGA ROAD, BESIDE RBI NUNEGUNDALAPALLI, AMBEDKAR VEEDHI, BENGALURU – 01. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:4 WP No. 105132 of 2024 3. THE INSPECTOR GENERAL OF POLICE, SUBHASH NAGAR, BELAGAVI – 590 001. 4. THE SUPERINTENDENT OF POLICE, BAGALKOT – 587 103. 5. THE DEPUTY SUPERINTENDENT OF POLICE, BAGALKOT – 587 301. 6. THE CIRCLE POLICE INSPECTOR, ILKAL, DIST: BAGALKOT – 587 314. 7. THE SUB INSPECTOR OF POLICE, AMINGAD, POLICE STATION, DIST: BAGALKOT – 587 312. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 7 NOT TO INTERFERE IN THE DAY-TO-DAY ACTIVITIES OF THE PETITIONER SOCIAL CLUB AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:4 WP No. 105132 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: i. To issue a writ in the nature of Mandamus directing the Respondent no.2 to 7 not to interfere in the day-to-day activities of the Petitioner Social Club; ii. To issue any other order or direction this Hon’ble Court deems fit in the interest of justice and equity. 2. The issue in the lis need not detain this Court for long to delve deep into the matter. The Coordinate Bench of this Court in W.P.No.41523/2019 has held as follows: “Sri.Rajarama Sooryambail, learned counsel for the petitioner. Sri.M.Vinod Kumar, learned Additional Government Advocate for the respondents. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally. 2. In this petition, the petitioner inter alia seeks a writ of mandamus declaring that the petitioners - 4 - NC: 2025:KHC-D:4 WP No. 105132 of 2024 and their members are entitled to play games like Rummy, Andhar Bahar, Carom, Chess are skilled games and that they do not contravene any provision of the Karnataka Police Act and playing of such skilled games do not amount to any offence under the provisions of the Karnataka Police Act and consequently restrain Respondent Nos.2 to 4 from causing any interference or obstruction in conduct of playing games in the premises of the petitioners. 3. When the matter was taken up today, learned counsel for the parties submit that the controversy involved in the instant writ petition is squarely covered by an order dated 19.10.2016 in Review Petition No.200029/2016. 4. In view of the aforesaid submissions and with a view to maintain parity, writ petition is disposed of with the following conditions: (i) The petitioner shall install within a period of six weeks, 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. The CC TV 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 - 5 - NC: 2025:KHC-D:4 WP No. 105132 of 2024 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. (iii) 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. (iv) 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. (v) The jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any information about any unlawful activity being - 6 - NC: 2025:KHC-D:4 WP No. 105132 of 2024 carried on in the petitioner’s premises. (vi) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner’s – Club/Association. (vii) 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. No order as to costs.” 3. In the light of the issue already answered, petition is disposed off on the same terms. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 21