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2025 DAILYLAW 81806 (KAR)

S K N SPORTS AND CULTURAL ASSOCIATION v. THE STATE OF KARNATAKA

WP/16567/2025 · 2025-08-29

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33649 WP No. 16567 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. 16567 OF 2025 (GM-POLICE) BETWEEN: S K N SPORTS AND CULTURAL ASSOCIATION NO.43, SOWBHAGYA ARCADE 2ND FLOOR, KATRIGUPPE MAIN ROAD BSK 3RD STAGE BANGALORE-560005. REP. BY ITS SECRETARY SRI. HONNEGOWDA S/O. JAVREGOWDA AGE 48 YEARS R/AT DONDEMADAHALLI VILLAGE NAGAMANGALA TALUK DEVALAPURA HOBLI DONDEMADAHALLI THETTIHALLI MANDYA - 571445. NOW AT BENGALURU. THE ASSOCIATION IS REGISTERED UNDER Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33649 WP No. 16567 of 2025 THE KARNATAKA SOCIETIES REGISTRATION ACT 1980. …PETITIONER (BY SRI. H.A.ASHOK.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU - 560001. 2. THE COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU - 560001. 3. THE DEPUTY COMMISSIONER OF POLICE (SOUTH) JAYANAGAR BENGALURU -560041. 4. THE ASSISTANT COMMISSIONER OF POLICE VISVESHWARAPURAM BENGALURU-560001. 5. THE CIRCLE INSPECTOR OF POLICE CHANNAMANAKERE ACHUKATTU KATHRIGUPPE BENGALURU - 560085. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) - 3 - HC-KAR NC: 2025:KHC:33649 WP No. 16567 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOT TO INTERFERE WITH THE ACTIVITIES 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 is an Association registered under the Karnataka Societies Registration Act,1980 [for short, 'the Act'] and is aggrieved because the respondents are insisting license to run its Recreation Centre. This Court has called upon Ms. K.P.Yashoda, the learned Additional Government Advocate, to secure instructions, and the learned Additional Government Advocate has placed on record a Report from the Channammanakere Achhukattu Jurisdictional Police. - 4 - HC-KAR NC: 2025:KHC:33649 WP No. 16567 of 2025 It is seen from this Report that indeed the petitioner is registered as a sports and cultural association, and the petitioner has also filed a list of members and the books of accounts for the year 2024-25, The jurisdictional Police state that the petitioner is not operating the recreation centre with the learned counsel for the petitioner asserting that such Centre is indeed being operated in the first floor of the property. This Court in the circumstances is satisfied that the petitioner is a functional recreational centre, but to function as such the petitioner must adhere to the following terms. Hence, the following: ORDER The petition stands disposed of directing the petitioner to adhere to the following terms: [a] The petitioner shall install CC TV cameras at the places of access to its members and also at all the - 5 - HC-KAR NC: 2025:KHC:33649 WP No. 16567 of 2025 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. [d] The petitioner shall not permit any activity by any of its member(s), that fall within the definition of Sections 2(14) & - 6 - HC-KAR NC: 2025:KHC:33649 WP No. 16567 of 2025 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 - 7 - HC-KAR NC: 2025:KHC:33649 WP No. 16567 of 2025 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 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