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2026 DAILYLAW 1346 (KAR)

DEEP FRIENDS ASSOCIATION v. THE STATE OF KARNATAKA

WP/38687/2025 · 2026-03-13

Sachin Shankar Magadum

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:15483 WP No. 38687 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. 38687 OF 2025 (GM-POLICE) BETWEEN: 1. DEEP FRIENDS ASSOCIATION (A REGISTERED SOCIETY UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) NO.3-276/4, MAHARAJA COMPLEX, MAIDAN CROSS ROAD, MANGALORE - 570001 REPRESENTED BY ITS PRESIDENT PRAKASH CHANDRA RAI. 2. NAVADURGA RECREATIONAL CLUB, (A REGISTERED SOCIETY UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) NO.2-03, 1ST FLOOR, BHAVANI COMPLEX, BAPPANADU MULKI TALUK, MANGALORE, D.K DISTRICT - 574154 REP. BY ITS PRESIDENT SAMPATH. A. KOTIAN 3. SRI DEVI RECREATION AND CULTURAL CLUB, (A REGISTERED SOCIETY UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) NO.2-16-1385/2, ANUGRAHA COMMERCIAL COMPLEX, NEAR KSRTC BUS STAND, BIJAI, MANGALORE -575 004 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15483 WP No. 38687 of 2025 REP. BY ITS PRESIDENT KRISHNA PUJARI. 4. KAVOOR FRIENDS RECREATION CLUB, (A REGISTERED CO-OPERATIVE SOCIETY UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) NO.04-95/38, ANANTHA ARCADE, BASEMENT FLOOR, KAVOOR, MANGALORE, D.K.DISTRICT - 575015 REP. BY ITS PRESIDENT, RAMESH. 5. SKANDA RECREATION CLUB, (A REGISTERED CO-OPERATIVE SOCIETY UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) PALNEER, MANGALORE, D.K.DISTRICT - 575007 REP. BY ITS PRESIDENT SUJITHA RAI …PETITIONERS (BY SRI. BALAKRISHNA M R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU 560001 2. THE COMMISSIONER OF POLICE MANGALORE CITY, MANGALORE, D.K. DISTRICT-575 001 3. THE DEPUTY COMMISSIONER OF POLICE, MANGALORE DIVISION, - 3 - HC-KAR NC: 2026:KHC:15483 WP No. 38687 of 2025 MANGALORE D.K. DISTRICT - 575 001 …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 /THE COMMISSIONER OF POLICE, MANGALORE CITY NOT TO INTERFERE WITH THE DAY-TO-DAY ACTIVITIES OF THE PETITIONERS RECREATIONAL CLUBS AND PERMIT THEM TO OPERATE AND RUN THEIR RECREATIONAL CLUBS FORTHWITH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners – Registered Recreation Association and Club have 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 Association and Club. It is specifically contended that the activities of the petitioners-Association and Club are - 4 - HC-KAR NC: 2026:KHC:15483 WP No. 38687 of 2025 confined to indoor recreational games such as Carom and Chess etc., conducted in the names and style of their respective association and clubs namely Deep Friends Association, Navadurga Recreational Club, Sri.Devi Recreation and Cultural Club, Kavoor Friends Recreation Club and Skanda Recreation Club and that no unlawful or prohibited activities are being conducted in the premises. 2. It is the case of the petitioners that the Association and Clubs are a duly registered Society under the provisions of the Karnataka Societies Registration Act, 1960. The petitioners assert that the Association and Clubs have been established exclusively for recreational purposes and are functioning strictly in accordance with its bye-laws. 3. The grievance projected in the writ petition is that respondents – the jurisdictional Police Officers are repeatedly visiting the premises of the Association and Club without any justifiable cause and are interfering with - 5 - HC-KAR NC: 2026:KHC:15483 WP No. 38687 of 2025 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 and Club. 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 petitioners 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 - 6 - HC-KAR NC: 2026:KHC:15483 WP No. 38687 of 2025 played by the members. The CC TV footage of at least prior 15 days’ period shall be made available by the petitioners, to the police, as and when called upon to do so. b. The petitioners 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 petitioners 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. - 7 - HC-KAR NC: 2026:KHC:15483 WP No. 38687 of 2025 d. The petitioners 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 petitioners 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 petitioners' premises. f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioners – 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 petitioners are - 8 - HC-KAR NC: 2026:KHC:15483 WP No. 38687 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.: 65