SHUBHA RECREATION ASSOCIATION v. THE STATE OF KARNATAKA

(BY SRI. H.A. ASHOK., ADVOCATE) AND:

THE STATE OF KARNATAKA REPT. BY ITS SECRETARY HOME DEPARTMENT Location: HIGH COURT OF KARNATAKA - 2 - NC: 2026:KHC:15493 WP No. 33313 of 2025 HC-KAR VIDHANA SOUDHA BENGALURU-560 001

THE DEPUTY COMMISSIONER OF POLICE (WEST) OPP. PRASANNA THEATER MAGADI ROAD, BENGALURU-560 023

THE ASSISTANT COMMISSIONER OF POLICE BYATARAYANAPURA POLICE STATION BENGALURU-560 026

THE CIRCLE INSPECTOR OF POLICE BYATARAYANAPURA POLICE STATION BENGALURU-560 026 (BY SRI. K.P. YOGANNA, AGA) …RESPONDENTS THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS AN ORDER OR DIRECTION VIA A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT AGAINST THE RESPONDENTS FROM DEMANDING LICENSE FROM THE POLICE. B. TO DIRECT THE RESPONDENT NOT TO INTERFERE WITH THE ACTIVITIES OF THE PETITIONER ASSOCIATION. 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 the Constitution of India seeking a writ of mandamus - 3 - NC: 2026:KHC:15493 WP No. 33313 of 2025 HC-KAR 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, Snooker and etc., conducted in the name and style of Shubha Recreation 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 having been registered before the Registrar of Societies vide Registration No.329/85-86 dated 28.05.2025. The petitioner asserts 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 - 4 - NC: 2026:KHC:15493 WP No. 33313 of 2025 HC-KAR 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. Learned counsel appearing for the petitioner places reliance on the judgment of this Court W.P.No.21010/2023, wherein, 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 in subsequent matters, the present writ petition is disposed of with the following directions:- - 5 - NC: 2026:KHC:15493 WP No. 33313 of 2025 HC-KAR 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 Section 2 of Karnataka Police Act, 1963. The member(s) shall not be allowed to play any kind of game(s) with stakes or - 6 - NC: 2026:KHC:15493 WP No. 33313 of 2025 HC-KAR 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. g. It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the Act - 7 - NC: 2026:KHC:15493 WP No. 33313 of 2025 HC-KAR 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.: 50