- 1 - HC-KAR NC: 2026:KHC:8135 WP No. 24317/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24317/2024 (GM-POLICE) BETWEEN: ZODIAK LOUNGE A UNIT OF HOTEL HOME TOWN GALLERIA MANIPAL COMMERCIAL COMPLEX 2ND FLOOR, DOOR NO.16-444A-102 OPPOSITE KMC SHIVALLI VILLAGE MANIPAL UDUPI TALUK AND DISTRICT - 576 104 REP. BY ITS PARTNER SRI UJWAL P SHETTY SON PURUSHOTHAM P SHETTY AGED ABOUT 32 YEARS. …PETITIONER (BY SRI.R.S.RAVI, SENIOR ADVOCATE FOR SRI.PRASAD HEGDE K B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA MINISTRY OF HOME AFFAIRS VIDHANA SOUDHA BENGALURU 560001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE SUPERINTENDENT OF POLICE OLD DC OFFICE ROAD, BANNAJE CIRCLE UDUPI, UDUPI DISTRICT - 576 102 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8135 WP No. 24317/2024 3. THE DEPUTY COMMISSIONER UDUPI DISTRICT RAJATHADRI MANIPAL UDUPI DISTRICT - 576 102 4. THE DEPUTY COMMISSIONER OF EXERCISE UDUPI DISTRICT ABAKARI BHAVAN, AJJARA KADU UDUPI TALUK AND DISTRICT - 576 102 5. THE POLICE INSPECTOR MANIPAL POLICE STATION MANIPAL UDUPI DISTRICT - 576 102 …RESPONDENTS (BY SRI.ADITYA DIWAKARA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CONDITION NO.7 STIPULATED IN POLICE NOTICE DATED 14.08.2024 ISSUED BY THE R-5 VIDE ANNX-A. B. DIRECT THE R-3 TO R-5 TO ALLOW THE PETITIONER TO PLAY LIGHT MUSIC OR LIVE MUSIC OR RECORDED MUSIC, DJ AND DANCE IN THE LICENSED PREMISES WITHIN THE LEGAL PARAMETERS, WHICH DOES NOT EFFECT OR DISTURB THE PUBLIC AT LARGE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:8135 WP No. 24317/2024 ORAL ORDER The petitioner holds CL-7 License issued under the provisions of the Karnataka Excise Licences [General Conditions] Rules, 1967 [for short, the Rules]. The petitioner is issued with the Police Notice dated 14.08.2024 ['the Notice'] and the petitioner's grievance with this Notice is confined to the jurisdictional Police Officer calling upon him to ensure that the DJ/ loud speakers and sound box are not played for entertaining and that there are no dance performances as that would tantamount to breach of the Rules. This Court, on 04.09.2024, has stayed the Notice insofar as this stipulation. Sri R.S.Ravi, the learned Senior Counsel for the petitioner, submits that [a] as on the date of the Notice, the Rule 11 of the Rules read that the licensee cannot permit gambling or dancing, or any kind of unlawful activities but two days after the date of the - 4 - HC-KAR NC: 2026:KHC:8135 WP No. 24317/2024 Notice, [i.e.,16.08.2024], the Rule 11(1) is amended, [b] in terms of the amendment, the restriction is confined to permitting gambling and unlawful activities, [c] there is no restriction on playing music or dance performances, and [d] this amendment would permit dance and play music. Sri Aditya Diwakara, the learned Additional Government Advocate, is heard in the light of these submissions. It is inarguable that after the Notice, the relevant Rule is amended and in terms of this amended Rule, there is no express bar against playing music or permitting dance. This would be crucial, and if there is to be any further proceedings, this Court is of the view that the jurisdictional Police must take action in terms of the amended Rule and the proceedings under the Notice cannot be continued. - 5 - HC-KAR NC: 2026:KHC:8135 WP No. 24317/2024 The petition stands disposed of observing accordingly. SD/- (B M SHYAM PRASAD) JUDGE NV List No.: 1 Sl No.: 32