The court affirmed the distinction between games of skill and games of chance, subjecting the operation of recreational clubs to strict regulatory conditions while protecting lawful activities from undue interference.

ORDER :

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

Wherefore, the petitioner prays that this Hon'ble court may be pleased to issue a writ of mandamus or any other appropriate writ or order or directions, directing the respondents not to insist upon the petitioner to obtain necessary licence for playing of games like drat game, chess, snooker, carum and billiards etc., under the KARNATAKA POLICE ACT as the above games are declared as games of skill by this Hon'ble court.

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 for police verification whenever required.

7. Absolute Prohibition on Entry of Non-Members & Guests: The petitioner shall not permit any non- member to enter or make use of the premises for the purpose of playing any game or participating in any recreational activity, including:

7.1. Guests;

7.2. Temporary visitors;

7.3. Invitees; or

7.4. Proxy players.

8. The petitioner shall display conspicuous notice boards at all entry points stating that:

“Only valid members are permitted. Entry of guests and outsiders for gaming activities is strictly prohibited.”

9. Prohibition on Games of Chance, Stakes, Wagering & Amusement Activities:

9.1. The petitioner shall not permit any activity falling within the definition of “amusement” under Sections 2(14) and 2(15) of the KARNATAKA POLICE ACT , 1963.

9.2. The petitioner shall not permit any game of chance as defined under Explanation (II) to Section 2(7) of the KARNATAKA POLICE ACT , 1963.

9.3. Members shall not be permitted to play any game:

9.3.1. With stakes;

9.3.2. With betting or wagering;

9.3.3. For prize money;

9.3.4. For any monetary or property-based gain, whether in cash or in kind.

9.4. The petitioner shall ensure that no commission, house cut, entry fee linked to winnings, revenue sharing, side bett