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
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,
AI
Recreational clubs must comply with strict regulatory conditions including CCTV installation, identity verification, and prohibition of unlawful gaming to ensure lawful activities.
A recreation club must adhere to strict safety regulations and prohibition of unlawful gaming, ensuring compliance with specified norms to conduct activities lawfully.
The court affirmed that recreational associations must comply with statutory regulations to operate lawfully and prevent illegal activities.
Distinction established between lawful games of skill and illegal gambling, allowing recreational clubs to operate under strict compliance with safety and surveillance regulations.
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 u....
The court establishes strict compliance requirements for recreational clubs to ensure lawful activities, safety, and prohibit unlawful gaming practices under the Karnataka Police Act.
Lawful recreational activities are protected under the Karnataka Police Act, but regulatory compliance is mandatory to prevent unlawful practices.
Recreational clubs must comply with statutory regulations to prevent illegal activities while being entitled to protection for lawful operations.
The court affirmed that recreational clubs can operate skill-based games without a license, provided they comply with stringent regulations to prevent unlawful activities.
The court affirmed that recreational clubs must comply with safety and regulatory requirements to avoid illegal gaming activities while protecting lawful recreational pursuits.
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