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2026 DAILYLAW 2997 (KAR)

M/S CARD OF DESTINY SPORTS ASSOCIATION v. THE STATE OF KARNATAKA

WP/9048/2026 · 2026-04-06

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18725 WP No. 9048 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9048 OF 2026 (GM-POLICE) BETWEEN: M/S. CARD OF DESTINY SPORTS ASSOCIATION NO. 62 (OLD NO. 251) 5TH FLOOR, 43RD CROSS ROAD, 5TH BLOCK, JAYANAGAR, BANGALORE - 560 041. REPRESENTED BY ITS PRESIDENT, SRI. SRIMURTHY SUBSIDARY OF: M/S GSRECREATUINS PRIVATE LIMITED, REGISTERED OFFICE AT: NO. 62 (OLD NO. 251), 5TH FLOOR 43RD CROSS ROAD, 5TH BLOCK JAYANAGAR, BANGALORE - 560 041. …PETITIONER (BY SRI. SOMASEKHAR NAIDU B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001, REPRESENTED BY ITS CHIEF SECRETARY. 2. THE COMMISSIONER OF POLICE, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18725 WP No. 9048 of 2026 INFANTARY ROAD, BANGALORE - 560 001. 3. THE JOINT COMMISSIONER OF POLICE, (LAW AND ORDER) INFANTARY ROAD, BANGALORE - 560 001. 4. THE DEPUTY COMMISSIONER OF POLICE, THE CITY CRIME BRANCH, ROYAL CIRCLE, N.T. PET BANGALORE - 560 053. 5. THE DEPUTY COMMISSIONER OF POLICE, SOUTH DIVISION, JAYANAGAR, BANGALORE - 560 004. 6. THE ASSISTANT COMMISSIONER OF POLICE, SOUTH DIVISION, JAYANAGAR, BANGALORE - 560 004. 7. THE SUB INSPECTOR OF POLICE, JAYANAGAR POLICE STATION, JAYANAGAR, BANGALORE - 560 011. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS HEREIN NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR CONDUCTING OR OFFERING THE GAMES OF SNOOKER, DART GAME POKER CHESS CARROM BILLIARDS TABLE TENNIS, HOCKEY, CRICKET PING PONG BALL GAME, MOTOR RACING VOLLEY BALL, FOOTBALL, PINGAME AND OTHER SKILLED GAMES ETC., (EXCEPT GAMBLING) AND ETC.,.GRANT AN INTERIM ORDER TO RESTRAIN THE R7 FROM HARASSING THE PETITIONER AND RESTRAIN THEM FROM - 3 - HC-KAR NC: 2026:KHC:18725 WP No. 9048 of 2026 OBSTRUCTING THE PETITIONER ASSOCIATION ACTIVITIES ON THE SCHEDULE PREMISES.C 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 petitioner – a Registered Recreation Association – has approached this Court under Article 226 of the Constitution seeking a writ of mandamus against respondent No.7, restraining him 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 outdoor and indoor recreational games such as snooker, dart game, poker, chess, carron, billiards, table tennis, hockey, cricket, ping pong ball game, motor racing, volley ball, football, pingame and other skilled games etc., conducted in the name and style of M/s Card of Destiny Sports Association, and that no unlawful or prohibited activities are being conducted in the premises. - 4 - HC-KAR NC: 2026:KHC:18725 WP No. 9048 of 2026 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, 1860 having been registered before the Registrar of Societies vide Registration No. DRB3/SOR/733/2025-2026 dated 16.02.2026. 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 respondent No.7 – the jurisdictional Police Officer is repeatedly visiting the premises of the Association without any justifiable cause and is interfering with the peaceful conduct of outdoor and 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. - 5 - HC-KAR NC: 2026:KHC:18725 WP No. 9048 of 2026 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. 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. - 6 - HC-KAR NC: 2026:KHC:18725 WP No. 9048 of 2026 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 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 - 7 - HC-KAR NC: 2026:KHC:18725 WP No. 9048 of 2026 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. 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 HDK