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2025 Supreme(Kar) 2256

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
Thirthahalli Club – Appellant
Versus
The State of Karnataka – Respondent
Writ Petition No. 27941 of 2025
Decided On : 02-12-2025

Advocates Appeared:
For the Appellant : Praveen Kumar K.S.
For the Respondent: K.P. Yashodha

Recreational clubs must comply with strict regulatory conditions including CCTV installation, identity verification, and prohibition of unlawful gaming to ensure lawful activities.

Headnote:(A) Karnataka Police Act, 1963 - Sections 2(7), 2(14), and 2(15) - Recreational clubs - Compliance with gaming regulations mandated - CCTV installation, member identification, and prohibition of unlawful gaming activities required - Appeals are subject to strict adherence to conditions and safeguards laid down by the Court. (Paras 4-22)

(B) Quashing of notice - The above matter is covered by precedent established in prior judgment regarding regulation of recreational clubs - No interference with lawful recreational activities allowed provided compliance is maintained. (Paras 3, 21)

Facts of the case:
The petitioner sought to quash a notice issued to the club, asserting compliance with applicable norms. The ruling emphasizes the necessity of stringent measures to regulate activities and ensure compliance with the law.

Findings of Court:
The writ petition is disposed of, subject to adherence to mandatory safeguards, including installation of CCTV systems, member identity verification, and prohibition of prohibited activities.

Issues: The main issues addressed include compliance with the gaming law and measures required to regulate club activities to prevent illegal gambling.

Ratio Decidendi: The Court ruled that lawful recreational activities must be protected under stringent compliance measures to prevent unlawful gaming, thus enforcing regulations laid down by the Karnataka Police Act.

Result: Writ petition stands disposed of, subject to stringent conditions.

ORDER :

1. The petitioner is before this Court seeking for the following reliefs:

a. Quashing the Notice dtd 26.08.25 bearing No/D1/PS/CC. NO./471/25 issued by the R4 produced at Annx-D to the WP.

b. Cost and such other reliefs deems fit to grant under the 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 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 betting, or indirect commercial gain is permitted in any form whatsoever.

10. Digital Gaming, Online Stakes & Electronic Transaction Safeguards:

10.1. The petitioner shall ensure that no digital,

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