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2026 DAILYLAW 6586 (KAR)

THE FRIENDS RECREATION CLUB v. THE STATE OF KARNATAKA

WP/11448/2026 · 2026-04-09

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19873 WP No. 11448 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 11448 OF 2026 (GM-POLICE) BETWEEN: THE FRIENDS RECREATION CLUB KYATHANAHALLI VILLAGE, KRS ROAD, KASBA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571434. REPRESENTED BY ITS SECRETARY SRI RAVINDRA.P. S/O PUTTASWAMYGOWDA. J. R/O KYATHANAHALLI VILLAGE, KRS ROAD, KASBA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571434. …PETITIONER (BY SRI. BORE GOWDA H K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP, BY ITS SECRETARY, HOME DEPARTMENT, VIDHAN SOUDHA, BANGLORE-560 001. 2. THE SUPERINTENDENT OF POLICE, MANDAYA DISTRICT MANDYA-571401. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19873 WP No. 11448 of 2026 3. THE DEPUTY SUPERINTENDENT OF POLICE, SRIRANGAPATTANA SUB- DIVISION SRIRANGAPATTANA MANDYA DISTRICT -573438. 4. THE CIRCLE INSPECTOR OF POLICE, SRIRANGAPATTANA POLICE STATION, SRIRANGAPATTANA MANDYA DISTRICT -573438. 5. THE SUB-INSPECTOR OF POLICE, SRIRANGAPATTANA POLICE STATION, SRIRANGAPATTANA MANDYA DISTRICT -573438. …RESPONDENTS (BY SRI.K.P.YOGANNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS OR ORDER TO THE RESPONDENTS NOT INSIST THE PETITIONER TO OBTAIN ANY LICENSE TO CARRY ON LAWFUL ACTIVITIES INCLUDING THE RUMMY IN THE PREMISES OF THE PETITIONER EITHER UNDER THE LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER OR UNDER THE KARNATAKA POLICE ACT AND NOT TO INTERFERENCE WITH THE RECREATIONAL AND OTHER LAWFUL ACTIVITIES CARRIED ON IN THE PETITIONER IN ANY MANNERS IN THE INTEREST OF JUSTICE AND EQUITY. 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 Articles 226 and 227 of - 3 - HC-KAR NC: 2026:KHC:19873 WP No. 11448 of 2026 the Constitution of India seeking a writ of mandamus against the 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 games conducted by the 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 Shops and Commercial Establishments Act, 1961. 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/Police is repeatedly visiting the premises of the Association without any justifiable cause and is - 4 - HC-KAR NC: 2026:KHC:19873 WP No. 11448 of 2026 interfering with the peaceful conduct of indoor recreational activities. It is alleged that such interference has not only disrupted the functioning of the Association 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. 5. 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 - 5 - HC-KAR NC: 2026:KHC:19873 WP No. 11448 of 2026 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 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:19873 WP No. 11448 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 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 - 7 - HC-KAR NC: 2026:KHC:19873 WP No. 11448 of 2026 found to have indulged in any unlawful or immoral activities. Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 40