Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15488 WP No. 35701 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. 35701 OF 2025 (GM-POLICE) BETWEEN:
SAHYADRI RECREATION CLUB REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, MANJAGALALE VILLAGE, NITTUR POST, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT 577452.
REPRESENTED BY ITS PRESIDENT, RAGHAVENDRA M G, S/O LATE GOPAL BHATT MR, R/A NAGODI, NITTUR, HOSANAGARA TALUK, SHIVAMOGA, KARNATAKA 577452. …PETITIONER
(BY SRI. SUDHAKARA M R., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001.
2.
THE SUPERINTENDENT OF POLICE SP OFFICE, SAGARA MAIN ROAD, SHIVAMOGGA DISTRICT- 577205.
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:15488 WP No. 35701 of 2025
3.
THE DEPUTY COMMISSIONER OF POLICE SIR M V ROAD SAVALANGA ROAD SHIVAMOGGA DISTRICT 577201
4.
THE ADDITIONAL DEPUTY COMMISSIONER OF POLICE SIR. M V ROAD, SAVALANGA ROAD, SHIVAMOGGA DISTRICT- 577201.
5.
THE ASSISTANT COMMISSIONER OF POLICE SHIVAMOGGA SUB-DIVISION, SAVALANGA ROAD, SHIVAMOGGA DISTRICT- 577204.
6.
THE INSPECTOR OF POLICE HOSANAGARA CIRCLE, SHIVAMOGGA 577418
7.
THE SUB INSPECTOR OF POLICE NAGARA POLICE STATION, SHIVAMOGGA 577425 …RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) DIRECTING THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN NECESSARY LICENSE FOR PROVIDING OR CONDUCTING RECREATIONAL ACTIVITIES SUCH AS CHESS, CAROM, RUMMY (CARD GAMES), TABLE TENNIS UNDER THE KARNATAKA POLICE ACT, AS THE ABOVE GAMES/ACTIVITIES ARE DECLARED AS GAME OF SKILL AND NO LICENSE IS REQUIRED TO CARRY OUT THE ABOVE ACTIVITIES BY THIS HON'BLE COURT. (B) ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT OF ORDER, DIRECTING RESPONDENTS NOT TO INTERFERE WITH THE DAY-TO-DAY RECREATIONAL ACTIVITIES TO BE CARRIED ON BY THE MEMBERS OF THE PETITIONER ASSOCIATION.
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HC-KAR NC: 2026:KHC:15488 WP No. 35701 of 2025
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 Sahyadri Recreation Club 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 Societies Registration Act, 1960 having been registered before the Registrar of Societies vide
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HC-KAR NC: 2026:KHC:15488 WP No. 35701 of 2025
Registration No.DRSH/SOR/234/2025-2026 dated
25.09.2025. 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. In the light of the principles laid down by the Hon’ble
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HC-KAR NC: 2026:KHC:15488 WP No. 35701 of 2025
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 Karnataka Police Act, 1963 and shall not
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HC-KAR NC: 2026:KHC:15488 WP No. 35701 of 2025
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.
f. The respondents are directed not to interfere with the lawful recreational
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HC-KAR NC: 2026:KHC:15488 WP No. 35701 of 2025
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.: 59