M/S VINAYAKA SPORTS AND CULTURAL v. THE STATE OF KARNATAKA

(BY SRI. PAWAN KUMAR S., ADVOCATE) AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF HOME REP. BY ITS SECRETARY VIDHANA SOUDHA BENGALORE 560001 - 2 - NC: 2026:KHC:15221 WP No. 29878 of 2025 HC-KAR

2. THE COMMISSIONER OF POLICE NO 1 INFANTRY ROAD BENGALURU 560001

3. THE JOINT COMMISSIONER OF POLICE LAW AND ORDER NO 1 INFANTRY ROAD BENGALURU 560001

4. THE DEPUTYCOMMISSIONER OF POLICE CENTRAL CRIME BRANCH N T PET CIRCLE BENGALURU 560019

5. THE INSPECTOR OF POLILCE CHICKPET POLICE STATION CHICKPET, BENGALURU 560053

6. THE ASSISTANT COMMISSIONER OF POLICE UPPARPET POLICE STATION MAJESTIC, DHANAVANTRI ROAD BENGALURU - 560009 …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 6 POLICE NOT TO COMPEL OR PRESSURIZE THE PETITIONER TO CLOSE DOWN THE RECREATION CLUB CONSEQUENTLY DIRECT THE RESPONDENT NO.2 TO 6 POLICE TO NOT TO INTERFERE WITH THE SMOOTH CONDUCTING OF PROGRAMS IN THE NAME AND STYLE OF M/S VINAYAKA SPORTS AND CULTURAL ASSOCIATION WHICH IS SITUATED AT SHOP NO. C1,C2,C3 AND C4, 1ST FLOOR, HOTEL CITY CENTRE, NO.74/79 G.L.ROAD, OPP.CITY RAILWAY STATION, BANGALORE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2026:KHC:15221 WP No. 29878 of 2025 HC-KAR 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 the Constitution of India seeking a writ of mandamus against 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 etc., conducted in the name and style of M/s Vinayaka 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, 1960 having been registered before the Registrar of Societies vide Registration No.DRB4/SOR/123/2025-2026 - 4 - NC: 2026:KHC:15221 WP No. 29878 of 2025 HC-KAR

11.09.2025. 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 – the jurisdictional Police Officers are repeatedly visiting the premises of the Association without any justifiable cause and are interfering with the peaceful 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. This Court in W.P.No.21010/2023, 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 - 5 - NC: 2026:KHC:15221 WP No. 29878 of 2025 HC-KAR 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. 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 - 6 - NC: 2026:KHC:15221 WP No. 29878 of 2025 HC-KAR 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 petitioner offenders, 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 lawful recreational activities carried on by the members of the petitioner – Club/Association. - 7 - NC: 2026:KHC:15221 WP No. 29878 of 2025 HC-KAR 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 NBM List No.: 2 Sl No.: 40