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2026 DAILYLAW 14375 (KAR)

THE KARNATAKA FAMILIES ASSOCIATION v. THE STATE OF KARNATAKA

WP/16848/2025 · 2026-03-13

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15226 WP No. 16848 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. 16848 OF 2025 (GM-POLICE) BETWEEN: THE KARNATAKA FAMILIES ASSOCIATION DOOR NO. 96, 29TH MAIN ROAD, B.T.M. LAYOUT, 2ND STAGE, NEXT ROYAL ENFIELD SHOW ROOM, BENGALURU-560076, REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960. PRESENTLY OPERATING AT KATHA NO. 15030030190092008 GUNJURU VILLAGE, MELINAJUGANAHALLI (S S GHATI) GRAMA PANCHAYAT, THUBUGERE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203, REPRESENTED BY ITS PRESIDENT, SRI. NAGARAJU S, S/O. SIDDARAMAPPA, AGED ABOUT 50 YEARS, R/AT NO. 50, NEHRU COLONY, HOLALKERE, C HITRADURGA DISTRICT-577 526, …PETITIONER (BY SRI. KUMARA K G., ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15226 WP No. 16848 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE INSPECTOR GENERAL OF POLICE BENGALURU CENTRAL RANGE, BENGALURU-560 001. 3. SUPERINTENDENT OF POLICE BENGALURU RURAL DISTRICT, PIN-560 001. 4. THE DEPUTY SUPERINTEND OF POLICE DODDABALLAPURA SUB DIVISION, DODDABALLAPURA-561 203. 5. ADDITIONAL DIRECTOR GENERAL OF POLICE (L & O) BENGALURU THE CIRCLE INSPECTOR, DODDABALLAPURA RURAL POLICE STATION, BENGALURU RURAL DISTRICT-561 203. …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 INSIST THE PETITIONER ASSOCIATION TO OBTAIN THE LICENSE TO THE CARRY ON THE LAWFUL ACTIVITIES IN THE PREMISES OF THE PETITIONER'S CLUB EITHER UNDER THE POLICE ACT OR UNDER THE PROVISIONS OF THE LICENSING AND CONTROLLING OF PLACE OF PUBLIC AMUSEMENT ORDER AND NOT TO INTERFERE IN CARRYING OUT LAWFUL ACTIVITIES SUCH AS CHESS, SNOOKER CAROM, ELECTRONIC COIN GAMES, PENTASTIC -3, THREE DIES BOWLING (IS NEWLY KNOWN AS SKILLED ELECTRONIC GAME) POKER WALL GAME - 3 - HC-KAR NC: 2026:KHC:15226 WP No. 16848 of 2025 SIX COLOUR GAME RUMMY ETC. IN THE PREMISES OF THE PETITIONER ASSOCIATION. 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 ORAL ORDER The petitioner – a Registered Recreation Association 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 Association. It is specifically contended that the activities of the petitioner-Association are confined to indoor recreational games such as Carom, Chess and Rummy etc., conducted in the name and style of the Karnataka Families Association and that no unlawful or prohibited activities are being conducted in the premises. 2. It is the case of the petitioner that the Association is a duly registered Society under the provisions of the - 4 - HC-KAR NC: 2026:KHC:15226 WP No. 16848 of 2025 Karnataka Societies Registration Act, 1960 having been registered before the Registrar of Societies dated 04.10.2023. The petitioner asserts that the Association 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 repeatedly visiting the premises of the Association 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. - 5 - HC-KAR NC: 2026:KHC:15226 WP No. 16848 of 2025 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 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 - 6 - HC-KAR NC: 2026:KHC:15226 WP No. 16848 of 2025 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. 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. - 7 - HC-KAR NC: 2026:KHC:15226 WP No. 16848 of 2025 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 found to have indulged in any unlawful or immoral activities. Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 28