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2025 Supreme(Kar) 2271

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
Sammilana Recreational Trust – Appellant
Versus
The State of Karnataka – Respondent
Writ Petition No. 28925 of 2025
Decided On : 02-12-2025

Advocates Appeared:
For the Appellant : Basawa Prasad Kunale
For the Respondent: K.P. Yashodha

The court affirmed that recreational clubs must comply with safety and regulatory requirements to avoid illegal gaming activities while protecting lawful recreational pursuits.

Headnote:(A) Karnataka Police Act, 1963 - Mandatory conditions for recreational clubs - Writ petition seeks exemption from licensing requirements for conducting skill game competitions - Adherence to public safety norms and prohibition of illegal gaming activities emphasized. (Paras 1-24)

(B) Surveillance and Regulatory Compliance - Petitioner required to instate CCTV, membership verification, and internal regulatory mechanisms to monitor activities and ensure compliance with the law. (Paras 6-12)

(C) Public Health and Safety - Compliance with fire safety standards, structural integrity, and public health hygiene mandated for operational licensing. (Paras 14-19)

(D) Legal Protections - Court outlines legal limits regarding the prohibition of games of chance, stakes, or unlawful gaming activities, while affording protection for lawful activities. (Paras 10, 22, 23) (E) Responsibilities of Authorities - The jurisdictional police granted inspection powers to verify compliance and maintain public order. (Paras 21)

Findings of Court:
Writ petition disposed of with strict adherence to regulatory conditions to ensure lawful recreational activities without infringing on public order.

Issues: Whether the petitioner’s activities can be exempt from licensing under the Karnataka Police Act, and implications of compliance with public safety regulations.

Ratio Decidendi: Court affirms the necessity of maintaining strict adherence to safety and regulatory guidelines for lawful operations while prohibiting illegal activities.

Result: Writ petition stands disposed of subject to strict regulatory compliance.

Table of Content
1. petitioner seeks relief from licensing requirements (Para 1 , 2 , 3 , 4)
2. legal framework for recreational clubs established (Para 5)
3. detailed regulatory conditions for petitioner provided (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21)
4. protection of lawful activities with enforcement provisions (Para 22 , 23)
5. writ petition disposed with no costs (Para 24)

ORDER :

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

The respondent authorities are not to insist that the petitioner obtain a license under the KARNATAKA POLICE ACT or under the licensing and controlling of place of public amusement order, for providing space for its members to engage themselves and to conduct competition of skill games like chess, carrom, poker, rummy card game, colour games, wall game, darts, video games, electronic amusement games, dice games and other indoor activities.

2. Learned AGA on instructions submits that the preparatory steps have been taken by the petitioner for operationalising the cultural association but the same is yet to commence.

3. Submission of learned counsel for the petitioner is that everything is ready for the cultural association to function and that the petitioner will comply with any direction that may be issued by this Court.

4. In further, 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.

5. 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:

6. Surveillance, CCTV Installation & Data Preservation

6.1. 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:

6.1.1. All points of ingress and egress;

6.1.2. All common areas; and

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

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

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

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

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

7. Membership Identity, Verification & Access Control

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

7.1.1. Photograph;

7.1.2. Unique membership number;

7.1.3. Validity period; and

7.1.4. Club seal and security authentication.

7.2. 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.

7.3. The petitioner shall maintain a digitally updated membership register, which shall be produced for police verification whenever required.

8. 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:

8.1. Guests;

8.2. Temporary visitors;

8.3. Invitees; or

8.4. Proxy players.

9. 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.”

10. Prohibition

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