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2026 DAILYLAW 4769 (KAR)

SRI. MANJUNATHA SPORTS AND CULTURAL ASSOCIATION v. STATE OF KARNATAKA

WP/1320/2026 · 2026-03-03

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12982 WP No. 1320 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1320 OF 2026 (GM-POLICE) BETWEEN: 1. SRI. MANJUNATHA SPORTS AND CULTURAL ASSOCIATION NO.36, 2ND FLOOR, 3RD PHASE 2ND BLOCK, BASAVESHWARANAGAR BANGALORE - 560 079 REP. BY ITS PRESIDENT SHASHIKUMAR U. &PETITIONER (BY SRI. PAVAN KUMAR G., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS UNDER SECRETARY LAW AND ORDER DEPARTMENT VIDHANA SOUDHA BANGALORE - 560 001 2. THE COMMISSIONER OF POLICE BANGALORE CITY NO.1, INFANTRY ROAD BANGALORE - 560 001 3. INSPECTOR OF POLICE BASAVESHWARANAGAR POLICE STATION BANGALORE - 560 079 &RESPONDENTS Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12982 WP No. 1320 of 2026 (BY SRI. VIKAS ROJIPURA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WHEREFORE, THE PETITIONER MOST HUMBLY PRAYS THAT, THIS HON'BLE COURT MAY BE PLEASED ISSUE A WRIT OF MANDAMUS AND DIRECT THE RESPONDENTS NO.2 AND 3 NOT TO DISTURB THE PETITIONER IN CARRYING CAROM, CHESS, TABLE TENNIS, KABBADI, SKILL GAMES SPORTS ACTIVITIES, OTHER INDOOR GAMES, WALL GAME, SNOOKERS, RUMMY ETC, IN THE NAME AND STYLE OF SRI. MANJUNATHA SPORTS AND CULTURAL ASSOCIATION IN THE PREMISES AS STATED IN CERTIFICATE OF REGISTRATION DATED 2/12/2023 AT ANNEXURE - A, VIDE REG UNDER VIDE REG NO. 114/2016-17 AND PASS SUCH OTHER RELIEF AS THIS HON'BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE. 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 3 a Registered Recreation Association 3 has approached this Court under Article 226 of the Constitution seeking a writ of mandamus against respondent Nos.1 and 2, restraining them from interfering with the lawful activities carried on by the Association. It is - 3 - HC-KAR NC: 2026:KHC:12982 WP No. 1320 of 2026 specifically contended that the activities of the petitioner- Association are confined to indoor recreational games such as Carom, Chess and other indoor games conducted in the name and style of Sri Manjunatha Sports and Cultural 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 Societies Registration Act, 1860 having been registered before the Registrar of Societies vide Registration No. 114/2016-2017 dated 12.11.2024. 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.3 3 the jurisdictional Police Officer is repeatedly visiting the premises of the Association without any justifiable cause and is interfering with the peaceful - 4 - HC-KAR NC: 2026:KHC:12982 WP No. 1320 of 2026 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. 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 Hon9ble 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 - 5 - HC-KAR NC: 2026:KHC:12982 WP No. 1320 of 2026 played by the members. The CC TV footage of at least prior 15 days9 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. - 6 - HC-KAR NC: 2026:KHC:12982 WP No. 1320 of 2026 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 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 - 7 - HC-KAR NC: 2026:KHC:12982 WP No. 1320 of 2026 found to have indulged in any unlawful or immoral activities. Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 26