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2025 Supreme(Kar) 2198

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
The Merchants Club Rep. by its Secretary C. Mahadevappa – Appellant
Versus
The State of Karnataka – Respondent
Writ Petition No. 26137 of 2025
Decided On : 02-12-2025

Advocates Appeared:
For the Appellant : Ravindra B. Deshpande
For the Respondent: K.P. Yashodha

A recreation club must adhere to strict safety regulations and prohibition of unlawful gaming, ensuring compliance with specified norms to conduct activities lawfully.

Headnote:(A) Karnataka Police Act, 1963 - Sections 2(14), 2(15), and 2(7) - Writ Petition for Prohibition - Petitioner sought reliefs against the requirement of obtaining a license for running a recreation club. The state confirmed compliance with applicable norms. The matter aligns with a prior ruling. Court mandates CCTV installation, member identity verification, and prohibition on games of chance and illegal online activities, ensuring strict compliance with public health and safety standards. Surveillance measures include police inspections and emergency medical preparedness. Non-compliance carries severe consequences. (Paras 5-22)

(B) Recreational Clubs - Legal Framework - The court reaffirms the necessary regulatory conditions governing recreational clubs, distinguishing between permissible activities and those considered unlawful or immoral gaming. Court ensures protection of lawful activities while permitting strict surveillance. (Paras 4, 21, 22).

Table of Content
1. petitioners seek prohibition on licensing. (Para 1)
2. compliance with previous orders acknowledged. (Para 2 , 3)
3. court disposes writ subject to conditions. (Para 4)
4. cctv installation and data preservation mandated. (Para 5)
5. identity verification through issuance of cards. (Para 6)
6. non-members prohibited from club entry. (Para 7)
7. prohibition on games of chance and stakes. (Para 8 , 9)
8. digital gaming safeguards established. (Para 10)
9. internal regulatory committee required. (Para 11)
10. compliance with fire safety regulations mandated. (Para 12 , 13)
11. building safety and electrical compliance required. (Para 14 , 15)
12. public health and sanitation regulations required. (Para 16)
13. emergency preparedness protocols established. (Para 17)
14. noise control and community impact regulations. (Para 18)
15. consequences for safety violations specified. (Para 19)
16. police inspection and monitoring powers confirmed. (Para 20)
17. protection of lawful activities affirmed. (Para 21)
18. statutory powers and consequences of violation. (Para 22)
19. writ disposed; no costs. (Para 23)

ORDER :

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

a) Issue any appropriate order, direction or writ in the nature of prohibition restraining the respondents and their subordinate officials from insisting on the petitioner club to obtain license to run the recreation club.

b) Restrain the respondents or their agents or officials or any acting under them from interfering with the carrying on of the recreational activities in the petitioner club premises.

c) Grant such other relief or consequential relief as this court deems fit in the facts and circumstances of the case in the interest of justice and equity.

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; and

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; and

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 shall maintain a digitally updated membership register, which shall be produced f

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