- 1 - HC-KAR NC: 2026:KHC:13820 WP No. 5857 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5857 OF 2026 (GM-POLICE) BETWEEN: 1. AURUM HOSPITALITY A PROPRIETORSHIP CONCERN REGISTERED UNDER THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961 REGISTRATION NO. 3/61/CE/0002/2026 UNIT NO. 302, AT NO. 18/7 3RD FLOOR, SALESH CENTER SRT ROAD, CUNNINGHAM ROAD BENGALURU - 560001. REPRESENTED BY ITS PROPRIETOR MR. HARRY ALBERT .Y AGED ABOUT 42 YEARS RESIDENT OF BENGALURU …PETITIONER (BY SMT. SANJEEVINI P. NAVADGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BANGALORE - 560001. 2. THE COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE-560001. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13820 WP No. 5857 of 2026 3. THE JOINT COMMISSIONER OF POLICE (LAW AND ORDER), INFANTRY ROAD BANGALORE-560001. 4. THE DEPUTY COMMISSIONER OF POLICE CENTRAL CRIME BRANCH BANGALORE-560053. 5. THE DEPUTY COMMISSIONER OF POLICE CENTRAL DIVISION, BANGALORE - 560001. 6. THE ASSISTANT COMMISSIONER OF POLICE HIGH GROUND BANGALORE-560001. 7. THE POLICE INSPECTOR HIGH GROUND POLICE STATION BANGALORE-560001. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT POLICE TO NOT INTERFERE WITH THE SMOOTH FUNCTIONING OF THE PETITIONER FIRMS GAMING ACTIVITIES IN CONDUCTING RECREATIONAL GAMES OF SKILL TO ITS CUSTOMERS, IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:13820 WP No. 5857 of 2026 ORAL ORDER The petitioner – a Registered Recreation Association – has approached this Court under Article 226 of the Constitution seeking a writ of mandamus against the 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 Poker, Rummy, Chess and other board/card games conducted by the 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 Karnataka Shops and Commercial Establishments Act, 1961. The petitioner asserts that the Association has been established exclusively for recreational purposes and is functioning strictly in accordance with its bye-laws. - 4 - HC-KAR NC: 2026:KHC:13820 WP No. 5857 of 2026 3. The grievance projected in the writ petition is that respondents/Police is repeatedly visiting the premises of the Association without any justifiable cause and is interfering with the peaceful conduct of indoor recreational activities. It is alleged that such interference has not only disrupted the functioning of the Association but has also resulted in intimidation and threats to discontinue the activities of the Association. 4. Learned counsel appearing for the petitioner places reliance on the judgment of this Court in W.P. No.21010/2023, wherein, 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. In the light of the principles laid down by the Hon’ble Division Bench and the consistent view taken by - 5 - HC-KAR NC: 2026:KHC:13820 WP No. 5857 of 2026 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 Karnataka Police Act, 1963 and shall not permit any game(s) of chance as per Explanation (II) of Sub-section (7) of - 6 - HC-KAR NC: 2026:KHC:13820 WP No. 5857 of 2026 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. f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club/Association. - 7 - HC-KAR NC: 2026:KHC:13820 WP No. 5857 of 2026 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 CA List No.: 2 Sl No.: 112