- 1 - HC-KAR NC: 2026:KHC:19028 WP No. 10769 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 10769 OF 2026 (GM-POLICE) BETWEEN: ELANSPHERE ENTERTAINMENT PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, JAKKASANDRA, H.S.R LAYOUT, BENGALURU - 560 102 REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY, MR. KARTHIK BUKKAMBUDHI SHIVAKUMAR. &PETITIONER (BY SRI. RAJENDRAN S.S, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. THE COMMISSIONER OF POLICE BENGALURU CITY, NO. 1, INFANTRY ROAD, BENGALURU - 560 001. 2. THE COMMISSIONER GREATER BENGALURUAUTHORITY, NR SQUARE, BENGALURU - 560 002. Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19028 WP No. 10769 of 2026 3. THE JOINT COMMISSIONER GBA (BOMMANAHALLI ZONE), BEGUR ROAD, BOMMANAHALLI, BENGALURU - 560 068. 4. THE DEPUTY COMMISSIONER OF POLICE (DCP) SOUTH EAST DIVISION, KORAMANGALA, BENGALURU - 560 034. 5. THE ASSISTANT COMMISSIONER OF POLICE (ACP) HSR LAYOUT SUB-DIVISION HSR LAYOUT, BENGALURU - 560 102. 6. THE DISTRICT FIRE OFFICER HSR LAYOUT FIRE STATION, 27TH MAIN ROAD, HSR LAYOUT, BENGALURU - 560 102. &RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1, R4, R5 AND R6; SRI. PAWAN KUMAR, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENT NO. 4 TO PROCESS THE TRADE LICENSE FOR ELANSPHERE ENTERTAINMENT PVT LTD AT HSR LAYOUT 1ST SECTOR WITHIN 72 HOURS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:19028 WP No. 10769 of 2026 ORAL ORDER The captioned petition is filed seeking following reliefs: a. Writ of Mandamus directing respondent No.4 to process the Trade License for Elansphere Entertainment Pvt. Ltd at HSR Layout 1st Sector within 72 hours. b. To issue writ of mandamus to police direct the respondent Nos.5 to issue an NOC for "Public Amusement & Skills Games," noting that Poker is a game of skill. c. To issue a direction to Respondent No.6 to conduct a final inspect of grand poker arena premises and issue the Fire NOC immediately upon finding the safety equipment in order. d. To declare that the activity of "Poker" conducted by the petitioner at GPA is a lawful activity and the respondents have no authority to interfere with the same, provided the petitioner complies with the conditions of not allowing "Games of Chance" or "Gambling." 2. Learned Additional Government Advocate submits that the declaration sought at prayer IV to declare the activity of poker may not detain this Court, as this issue is already resolved by this Court and this Court has held that the activity of poker is a skill game and is a lawful activity. In this background he submits that a further direction to respondent Nos.5 and 6 to issue No-Objection Certificate (NOC) is also not required in the light of the reported judgment rendered by this - 4 - HC-KAR NC: 2026:KHC:19028 WP No. 10769 of 2026 Court in W.P.No.21010/2023 and the judgment rendered by the Division Bench in W.A.No.20090/2016. 3. Having heard the counsels on record, this Court has examined the writ papers. 4. It is the specific case of the petitioner that it is a company duly incorporated under the provisions of the Companies Act, 2013 and is engaged in the business of operating hospitality, leisure, recreation and experience-based entertainment centres. The nature of activities undertaken by the petitioner encompasses indoor recreational zones, activity clubs, immersive experience arenas, skill-based and competitive activities, apart from running hospitality segments such as lounges, cafés, restobars, kitchens and other food and beverage outlets. 5. The grievance projected in the present writ petition is directed against the alleged inaction on the part of respondent Nos.5 and 6 in not considering the petitioner9s request for issuance of No Objection Certificate (NOC). However, as rightly pointed out by the learned Additional Government Advocate, the petitioner has failed to place on - 5 - HC-KAR NC: 2026:KHC:19028 WP No. 10769 of 2026 record a copy of the representation said to have been submitted before the said authorities, thereby rendering the foundational plea relating to inaction unsupported by material particulars. 6. Be that as it may, the learned Additional Government Advocate would further contend that, having regard to the nature of the activities carried on by the petitioner, there is no statutory requirement mandating the petitioner to obtain a No Objection Certificate (NOC) from respondent Nos.5 and 6 and, therefore, the very premise on which the writ petition is instituted is misconceived. In the absence of any statutory compulsion requiring such NOC, the question of directing the respondent-authorities to consider or grant the same would not arise. 7. Further, this Court finds that there are no specific allegations placed on record indicating any obstruction or interference by the respondent-authorities with the lawful business activities of the petitioner. Nonetheless, this Court cannot be oblivious to the fact that in similar circumstances, this Court, in W.P.No.21010/2023, while taking note of - 6 - HC-KAR NC: 2026:KHC:19028 WP No. 10769 of 2026 instances of unwarranted interference by the police authorities and placing reliance on the judgment of the Division Bench in D.V.R. Recreation Club Vs. State of Karnataka in W.P.No.20090/2015, has deemed it appropriate to issue certain protective directions to safeguard lawful business activities. 8. Therefore, even in the present case, though no specific interference is demonstrated and notwithstanding the submission of the learned Additional Government Advocate that obtaining an NOC is not a statutory requirement, this Court is of the considered opinion that it would suffice to extend similar protective directions so as to ensure that the petitioner9s lawful activities are not hindered except in accordance with law. 9. Accordingly, the 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 days9 - 7 - HC-KAR NC: 2026:KHC:19028 WP No. 10769 of 2026 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 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 - 8 - HC-KAR NC: 2026:KHC:19028 WP No. 10769 of 2026 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 petitioner9s premises. f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner 3 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. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE GJM/List No.: 1 Sl No.: 21