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2025 Supreme(Kar) 2193

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
Devanahalli Olangana Kreeda Sanga R. Shanthinagar – Appellant
Versus
State of Karnataka – Respondent
Writ Petition No. 31184 of 2024
Decided On : 02-12-2025

Advocates Appeared:
For the Appellant : Karthik B.Y.
For the Respondent: K.P. Yashodha

The court affirmed that recreational clubs can operate skill-based games without a license, provided they comply with stringent regulations to prevent unlawful activities.

Headnote:(A) Karnataka Police Act, 1963 - Definition of amusement and game of chance - Writ Petition filed to exempt the petitioner from requiring a license for lawful recreational activities - Compliance with regulations mandated, including surveillance, identification of members, and prohibition of unlawful activities. (Paras 1-23)

(B) Judicial interpretation of games of skill versus chance - Court recognized the lawful activity of playing skill-based games, including rummy and other listed games, affirming no need for licensing unless prohibited activities are conducted. (Paras 3, 9, 11, 21)

Facts of the case:
Petitioners contended their right to conduct recreational activities without a license, citing a previous ruling. The case emphasizes safeguarding lawful recreational activities, including conditions imposed to ensure compliance with the law.

Findings of Court:
The writ petition was disposed of, provided conditions were met for lawful operations.

Issues: Whether the petitioner requires a license for skill-based games, and the conditions under which police may inspect activities.

Ratio Decidendi: The court emphasized the distinction between games of skill and chance, mandating strict compliance with provided safeguards to preserve lawful activities.

Result: Writ petition disposed of subject to conditions.

Table of Content
1. petitioners seek relief from licensing requirements. (Para 1)
2. arguments centered on previous legal precedents. (Para 2 , 3)
3. petition disposed with mandatory terms. (Para 4)
4. cctv installation and data preservation mandates. (Para 5)
5. identity verification and access control policies established. (Para 6)
6. prohibition on non-member access. (Para 7)
7. prohibition on games of chance and wagering. (Para 8 , 9)
8. restrictions on digital gaming and electronic transactions. (Para 10)
9. internal regulatory mechanisms to ensure compliance. (Para 11)
10. fire, building, and public health safety regulations in place. (Para 12 , 13 , 14 , 15 , 16)
11. emergency medical preparedness requirements specified. (Para 17)
12. consequences for safety and health violations established. (Para 18 , 19)
13. police inspection and enforcement powers outlined. (Para 20)
14. protection of lawful recreational activities affirmed. (Para 21)
15. saving of statutory powers and consequences for violations. (Para 22)
16. order concluded with no costs. (Para 23)

ORDER :

1. The petitioners are before this Court seeking for the following reliefs:

i. issue a Writ of Mandamus or any other appropriate Writ, Order or direction directing the respondents not to insist upon the petitioner to obtain the license to carry on lawful activities in the premises of the Petitioner association, either under Police Act or under the Provisions of Licensing and Controlling of Places of Public Amusement Order and not to interfere in the play of skilled oriented games like Rummy, Carom, Snooker, Chess and games which are the games of skill as held by this Hon'ble Court in various Writ Petitions.

ii. Declare that the Petitioner association does not require any license from the respondent to carry on the lawful activities at the Petitioners association premises.

2. Learned AGA on instructions submits that the club is running and functioning, and compliance has also been made with the applicable norms.

3. Both the counsels submit that, the above matter is covered by the order dated 22.02.2016 passed in W.P. No. 101799/2016 (GM-Police) in Srimanth Ramchandrarao Appasaheb Club, Jamakhandi Vs. State of Karnataka.

4. In view of the settled legal position governing recreational clubs and gaming activities, the writ petition is disposed of subject to the following mandatory terms, safeguards, and regulatory conditions, which shall be scrupulously complied with by the petitioner without any default.

5. Surveillance, CCTV Installation & Data Preservation:

5.1. Installation of CCTV System: The petitioner shall, within a period of six (6) weeks from the date of receipt of this order, install fully functional Closed-Circuit Television (CCTV) cameras at:

5.1.1. All points of ingress and egress;

5.1.2. All common areas;

5.1.3. All locations where any game or recreational activity is carried on by the members.

5.2. The CCTV system shall be equipped with date-and-time stamping and shall remain in continuous working condition at all material times.

5.3. The CCTV footage shall be securely preserved for a minimum continuous period of fifteen (15) days.

5.4. The petitioner shall produce such CCTV footage forthwith before the jurisdictional police or any authorised officer whenever lawfully called upon to do so.

5.5. Any tampering, disabling, destruction, alteration, or failure to preserve CCTV footage shall constitute a grave violation and shall invite action in accordance with law.

6. Membership Identity, Verification & Access Control:

6.1. Issuance of Identity Cards: The petitioner shall issue tamper-proof identity cards to every member, containing:

6.1.1. Photograph;

6.1.2. Unique membership number;

6.1.3. Validity period;

6.1.4. Club seal and security authentication.

6.2. Every member shall carry the identity card at all times while present in the premises and shall produce the same upon demand before the jurisdictional police during any raid, inspection, surveillance, or verification.

6.3. The petitioner

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