THE KARNATAKA FAMILIES ASSOCIATION v. THE STATE OF KARNATAKA
WP/21774/2025 · 2025-08-29
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77106 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77106 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33860 WP No. 21774 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 21774 OF 2025 (GM-POLICE) BETWEEN:
THE KARNATAKA FAMILIES ASSOCIATION DOOR NO.96, 29TH MAIN ROAD, B. T. M. LAYOUT, 2ND STAGE, NEXT ROYAL ENFIELD SHOW ROOM, BENGALURU 560 076,
REGISTERED UNDER KARNATAKA SOCITIES REGISTRATION ACT, 1960.
PRESENTLY OPERATING AT NO.75/5, NAREPALLI VILLAGE, GATAKAVARA PALLI GRAM PANCHAYATH, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-562101
REPRESENTED BY ITS PRESIDENT SRI. NAGARAJU S, AGED ABOUT 49 YEARS, R/A NO.50, NEHRU COLONY, HOLALKERE TOWN - 577 526, CHITRADURGA DISTRICT
…PETITIONER (BY SRI. KUMARA K G., ADVOCATE)
Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:33860 WP No. 21774 of 2025
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE INSPECTOR GENERAL OF POLICE, BENGALURU CENTRAL RANGE-560001
3.
SUPERINTENDENT OF POLICE, CHIKKABALLAPURA, 562101
4.
THE DEPUTY SUPERINTEND OF POLICE, CHIKKABALLAPURA, 562101
5.
ADDITIONAL DIRECTOR GENERAL OF POLICE (L AND O) BENGALURU 560001
6.
THE CIRCLE INSPECTOR, CHIKKABALLAPURA, 562101
…RESPONDENTS (BY SMT. K. P. YASHODHA AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT INSIST THE PETITIONER ASSOCIATION TO OBTAIN THE LICENSE TO THE CARRY ON THE LAWFUL ACTIVITIES IN THE PREMISES OF THE PETITIONER'S CLUB EITHER UNDER THE POLICE ACT OR UNDER THE PROVISIONS OF THE
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HC-KAR NC: 2025:KHC:33860 WP No. 21774 of 2025
LICENSING AND CONTROLLING OF PLACE OF PUBLIC AMUSEMENT
ORDER AND NOT TO INTERFERE IN CARRYING OUT LAWFUL ACTIVITIES SUCH AS CHESS, SNOOKER, CAROM, ELECTRONIC COIN GAMES, PENTASTIC-3 THREE DIES BOWLING (IS NEWLY KNOWN AS SKILLED ELECTRONIC GAME) POKER WALL GAME SIX COLOUR GAMES RUMMY ETC., IN THE PREMISES OF THE PETITIONER - ASSOCIATION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner, as a society registered under the Societies Registration Act, 1960, apprehends that the police will insist upon license to be engaged in the recreational activities. This Court has called upon Mrs. K. P. Yashodha, the learned Additional Government Advocate, to secure instructions and the learned Additional Government Advocate has placed on record a report. Mr. Kumara K.G, the learned counsel for the petitioner, and Mrs. K. P. Yashodha, are heard in the
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HC-KAR NC: 2025:KHC:33860 WP No. 21774 of 2025
light of the report. The petitioner is in the midst of setting up the infrastructure for recreational activity and this Court, by a string of decisions, has been holding that no license would be required for recreational activities, but certain measures must be taken. In the circumstances, this Court is of the view the petition must be disposed of permitting the petitioner to commence its recreational activities, but subject to adherence of the following terms. [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
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HC-KAR NC: 2025:KHC:33860 WP No. 21774 of 2025
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. [d] 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.
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HC-KAR NC: 2025:KHC:33860 WP No. 21774 of 2025
[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. [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
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HC-KAR NC: 2025:KHC:33860 WP No. 21774 of 2025
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. The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE
RB