- 1 - HC-KAR NC: 2026:KHC:15491 WP No. 35203 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 35203 OF 2025 (GM-POLICE) BETWEEN: SRI MALLESHWARA SPORTS AND CULTURAL TRUST SITUATED AT MALLASANDRA, KASABA HOBLI, TUMAKUR TALUK TUMAKUR DISTRICT - 572 107. TRUST REGISTERED UNDER THE INDIAN TRUST ACT, REPRESENTED BY ITS MANAGING TRUSTEE/PRESIDENT SRI. GANGAMALLAPPA, S/O. SIDDAMALLAIAH, AGED ABOUT 70 YEARS, RESIDENT OF MALASANDRA PALYA, HALANURU POST, KASABA HOBLI, TUMAKUR TALUK, TUMAKUR DISTRICT - 572 107. SENIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONER (BY SRI. G.V. SHASHI KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 01 2. THE SUPERINTENDENT OF POLICE, BH ROAD, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15491 WP No. 35203 of 2025 ASHOKA NAGAR, TUMAKURU CITY 572103. 3. THE DEPUTY SUPERINTENDENT OF POLICE, TUMAKURU DISTRICT, TUMAKURU- 572 101. 4. THE CIRCLE INSPECTOR OF POLICE TUMAKURU, TUMAKURU 572101. 5. THE SUB INSPECTOR OF POLICE, TUMAKURU TOWN POLICE STATION, TUMAKURU - 572 101. 6. THE SUB INSPECTOR OF POLICE, TUMAKURU RURAL POLICE STATION, TUMAKURU-572101. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE DAY-TO- DAY ACTIVITIES CARRIED ON BY THE PETITIONER I.E., SRI MALLESHWARA SPORTS AND CULTURAL TRUST, SUCH AS SPORTS, CULTURAL AND SKILL ORIENTED GAMES LIKE SKILL FANTASTIC-3, ROULETTE, SIX COLOUR GAMES, INDOOR AND OUTDOOR GAMES LIKE SNOOKER, BILLARIARDS, POOL GAMES, CHESS, RUMMY, JACKPOT, POKER, CAROM, COIN GAMES, DART, AND SKILL GAMES ETC. WHICH ARE GAMES OF SKILL ETC., IN A LEASED PREMISES (3 ROOMS) AT PROPERTY BEARING NO.8, 1ST FLOOR, NEAR MALLASANDRA RAILWAY GATE, KASABA HOBLI, TUMKUR TALUK TUMAKUR DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:15491 WP No. 35203 of 2025 ORAL ORDER The petitioner – a Registered Trust has approached this Court under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus against respondents, restraining them from interfering with the lawful activities carried on by the Trust. It is specifically contended that the activities of the petitioner-Trust are confined to indoor recreational games such as Carom, Chess and Rummy etc., conducted in the name and style of Sri.Malleshwara Sports & Cultural Trust, and that no unlawful or prohibited activities are being conducted in the premises. 2. It is the case of the petitioner that the Trust is a duly registered under the provisions of the Indian Trust Act. The petitioner asserts that the Trust has been established exclusively for recreational purposes and is functioning strictly in accordance with its bye-laws. 3. The grievance projected in the writ petition is that respondents – the jurisdictional Police Officers are - 4 - HC-KAR NC: 2026:KHC:15491 WP No. 35203 of 2025 repeatedly visiting the premises of the Trust without any justifiable cause and are interfering with the peaceful conduct of indoor recreational activities. It is alleged that such interference has not only disrupted the functioning of the Club but has also resulted in intimidation and threats to discontinue the activities of the Association. 4. This Court in W.P.No.21010/2023, under similar circumstances, appropriate directions were issued by referring to the authoritative pronouncement of the Division Bench of this Court in D.V.R Recreation Club Vs State of Karnataka rendered in W.A.No.20090/2015. In the light of the principles laid down by the Hon’ble Division Bench and the consistent view taken by this Court in subsequent matters, the present writ petition is disposed of with the following directions:- a. The petitioner shall install within a period of six weeks, CC TV cameras, at all the places of access to its members and also at all the places, wherein game/s is/are - 5 - HC-KAR NC: 2026:KHC:15491 WP No. 35203 of 2025 played by the members. The CC TV footage of at least prior 15 days’ period shall be made available by the petitioner, to the 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 police, during the raid(s) and surveillance etc. c. 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 Karnataka Police Act, 1963 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, except games of skills. - 6 - HC-KAR NC: 2026:KHC:15491 WP No. 35203 of 2025 d. 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 police find that any of the game/s played is/are contrary to any law and in violation of the settled practice, it is open for them to take action against petitioner and the offenders, in accordance with law. e. 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. f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club/Association. g. 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 are - 7 - HC-KAR NC: 2026:KHC:15491 WP No. 35203 of 2025 found to have indulged in any unlawful or immoral activities. Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 56