- 1 - HC-KAR NC: 2025:KHC-D:15683 WP No. 108484 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108484 OF 2025 (GM-POLICE) BETWEEN: OMKAR SEVA SAMSTHE, PALLED BUILDING, C. P. BAZAR ROAD, SIRSI -581401 R/BY ITS PRESIDENT RAGHVENDRA SHIVARAM AACHARI AGE: 42 YEARS, OCC: PRESIDENT, R/O. DEVIKERI, SIRSI, UTTAR KANNADA-581401. …PETITIONER (BY SRI. SOURABH HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY, HOME DEPARTMENT, VIDHAN SOUDHA, BENGALORE-560001 2. SUPERINTENDENT OF POLICE KARWAR DIST (UTTAR KANNADA) KARWAR-581301. 3. CIRCLE POLICE INSPECTOR SIRSI, DIST: UTTAR KANNADA-581401. 4. THE SUB INSPECTOR OF POLICE, SIRSI POLICE STATION, DIST: UTTAR KANNADA-581401. …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15683 WP No. 108484 of 2025 A. WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ENABLE THE PETITIONER TO CARRY-OUT THE RECREATIONAL ACTIVITIES IN PURSUANCE OF ORDER IN WP NO.100702/2022 (GM-POLICE) 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-B. 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. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. No.100702/2022, disposed off on 18th February, 2022. The Coordinate Bench of this Court held as follows: “The petitioner, a Society registered under the provisions of the Karnataka Registration of Societies Act, 1960, has filed this petition for directing the respondents not to insist upon the petitioner to obtain licence either under the Karnataka Police Act, 1963 or under the provisions of the Licensing and Controlling of Places of - 3 - HC-KAR NC: 2025:KHC-D:15683 WP No. 108484 of 2025 Public Amusements Orders, 1970 for permitting its members to playing skill games. 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. The learned counsel for the petitioner and the learned Additional Government Advocate, Sri. Shivaprabhu Hiremath, submit that this writ petition could also be disposed of with similar directions. In the facts and circumstances of this case and on perusal of the earlier orders in similar matters, this Court is of the considered view that the petition must be disposed of with certain directions, and hence, the following order disposing of the petition: (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 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 - 4 - HC-KAR NC: 2025:KHC-D:15683 WP No. 108484 of 2025 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 stakesor 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 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’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 accordance with law, if the member(s) of the petitioner is/are found to have indulged in any unlawful or immoral activities.” - 5 - HC-KAR NC: 2025:KHC-D:15683 WP No. 108484 of 2025 2. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 1 Sl No.: 143