- 1 - HC-KAR NC: 2025:KHC-D:9564 WP No. 105278 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105278 OF 2025 (GM-POLICE) BETWEEN: PADMANABHA RECREATION CLUB, TAKKALAKI, JAMAKHANDI-587330 DIST. BAGALKOT, BY ITS PRESIDENT SRI. RAMESH S/O. MAHADEV KAMBALE, AGE. 45 YEARS, OCC. BUSINESS, R/O. TAKKALAKI VILLAGE, POST. TAKKALAKI, TQ. JAMAKHANDI, DIST. BAGALKOT-587330. …PETITIONER (BY SRI. CHETAN T.LIMBIKAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO THE HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, DC OFFICE, BAGALKOT-587103. 3. THE SUPERINTENDENT OF POLICE, SP OFFICE, BAGALKOT-587103. 4. THE CIRCLE POLICE INSPECTOR, JAMAKHANDI TOWN POLICE STATION, JAMAKHANDI-587301, TQ. JAMAKHANDI, DIST. BAGALKOT. 5. THE SUB-INSPECTOR OF POLICE JAMAKHANDI TOWN POLICE STATION, JAMAKHANDI-587301, TQ. JAMAKHANDI, DIST. BAGALKOT. …RESPONDENTS Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9564 WP No. 105278 of 2025 (BY SRI. SHARAD V. MADAGUM, ADVOCATE FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR PLAYING SKILL GAMES LIKE CHESS, CAROM AND RUMMY EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT ORDER; B) ISSUE SUCH OTHER WRIT / ORDER / DIRECTION AS DEEMED FIT, IN THE INTEREST OF JUSTICE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 5. 2. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ of mandamus directing the respondents not to insist upon the petitioner to obtain license for playing skill games like chess, carom and rummy either under the Karnataka police act or under the licensing and controlling of the place of public amusement order; b) Issue such other writ / order / direction as deemed fit, in the interest of justice. - 3 - HC-KAR NC: 2025:KHC-D:9564 WP No. 105278 of 2025 3. Both the counsels submit that, the above matter is covered by the order dated 22.02.2016 passed in W.P.No.101799/2016 (GM-Police) in Srimanth Ramchandrarao Appasaheb Club, Jamakhandi Vs. State of Karnataka. 4. In view of the aforesaid submissions and in the light of the decision in WP.No.101799/2016 (GM-Police) and with a view to maintain parity, writ petition is disposed of with following directions: i. The petitioner shall install CCTV 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 CCTV footages 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. - 4 - HC-KAR NC: 2025:KHC-D:9564 WP No. 105278 of 2025 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. - 5 - HC-KAR NC: 2025:KHC-D:9564 WP No. 105278 of 2025 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 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 or by the members of the petitioner's-Club/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 - 6 - HC-KAR NC: 2025:KHC-D:9564 WP No. 105278 of 2025 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. SD/- (SURAJ GOVINDARAJ) JUDGE SH CT: UMD List No.: 1 Sl No.: 105