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2026 DAILYLAW 23949 (KAR)

M/S VARADARAJA RECREATION ASSOCIATION (R) v. STATE OF KARNATAKA

CRL.P/6142/2026 · 2026-06-22

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30699 CRL.P No. 6142 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6142 OF 2026 BETWEEN: M/S. VARADARAJA RECREATION ASSOCIATION (R) (REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960), NIDAGHATTA, MADDUR TALUK. MANDYA DISTRICT - 571 418. REPRESENTED BY ITS SECRETARY SRI. RAJA, S/O CHIKKAIDAIAH @ BADDAIAH, AGED ABOUT 65 YEARS, RESIDING AT NIDAGHATTA VILLAGE, MADDUR TALUK. MANDYA DISTRICT - 571 418. …PETITIONER (BY SRI. SHRIDHARA K, ADVOCATE) AND: STATE OF KARNATAKA BY MADDUR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDI BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP FOR R1) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30699 CRL.P No. 6142 of 2026 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT DATED 10.03.2026 AND FIR IN CRIME NO. 101/2026 BY THE MADDUR POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 79 AND 80 OF KARNATAKA POLICE ACT-1963 PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC AT MADDUR AND ALL FURTHER PROCEEDINGS INITIATED BY THE RESPONDENT POLICE IN THE MATTER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Shridhara K., learned counsel appearing for the petitioner and Smt. Waheeda M.M., the learned High Court Government Pleader appearing for respondent No.1. 2. The petitioner is before this Court, seeking for the following prayers: "i) Quash the Complaint dated 10.03.2026 and FIR in crime No.101/2026 by the Maddur police for the offence punishable under Sections 79 and 80 of Karnataka Police Act-1963 pending on the file of II Addl. Civil Judge and JMFC at Maddur and all further proceedings initiated by the Respondent Police in the matter, and - 3 - HC-KAR NC: 2026:KHC:30699 CRL.P No. 6142 of 2026 ii) Pass any such order/s as deems fit by this Hon'ble Court in the facts and circumstances of the case to meet the ends of justice." 3. The learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the co-ordinate Bench in the case of M/S NAVARANG ASSOCIATION Vs. THE STATE OF KARNATAKA1, the Co-ordinate Bench has held as follows: "Learned Government Advocate to accept notice for respondents No.1 to 7 and file memo of appearance in four weeks. 2. The petitioner is before this Court seeking for issue of mandamus or any other appropriate writ in the manner as has been sought in the petition. The issue which has been raised in the instant petition has already been considered by this Court in W.P.No.30071/2014 dated 15-10-2014 (between The Media N. Members Club vs. State of Karnataka and Others) wherein the petition was disposed of with the following directions:- “(i) 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 games(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. (ii) 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 surveillances etc. 1 W.P.No.38068/2015 disposed on 09.09.2015 - 4 - HC-KAR NC: 2026:KHC:30699 CRL.P No. 6142 of 2026 (iii) The petitioner shall not allow any non- member(s) or the guest(s) of the member(s), to make use of its premises for the purpose of playing any kind of game(s) or recreational activities. (iv) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Ss.2(14) & 2(15) of the Act 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. (v) 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 game(s) played is contrary to any law and in violation of the settled practice, it is open to them to take action against petitioner and the offenders, in accordance with law. (vi) 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. (vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club / Association. (viii) 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.” - 5 - HC-KAR NC: 2026:KHC:30699 CRL.P No. 6142 of 2026 This writ petition is also disposed of in the aforesaid terms." 4. In the light of the issue standing covered by judgment rendered by the co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 23