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2025 Supreme(Kar) 2283

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
Malleshwaram Senior Citizen Sports and Cultural – Appellant
Versus
State of Karnataka – Respondent
Writ Petition No. 26662 of 2025
Decided On : 02-12-2025

Advocates Appeared:
For the Appellant : Murali S.M.
For the Respondent: K.P. Yashodha

Distinction established between lawful games of skill and illegal gambling, allowing recreational clubs to operate under strict compliance with safety and surveillance regulations.

Headnote:(A) Karnataka Police Act, 1963 - Regulations governing recreational clubs and gaming activities - Writ of Mandamus issued to prevent authorities from requiring a license for games of skill - Petition upheld subject to compliance with stringent regulations on safety, surveillance, and membership controls. (Paras 4, 21, 23)

(B) Legal status of games - Court affirmed the distinction between games of skill and games of chance, establishing that only lawful activities under applicable statutes are permissible. (Paras 9, 20)

Facts of the case:
The petitioners sought relief against the insistence of the State to obtain a license for conducting lawful games within their premises, including chess and billiards. The club operates with necessary compliance. (Paras 1, 2)

Findings of Court:
The court emphasized strict adherence to safety measures, surveillance protocols, and prohibited activities to ensure lawful recreational practices while maintaining public order. The monitoring of premises by police authorities is also mandated. (Paras 4, 20)

Issues: The petition addressed whether the petitioners could conduct lawful gaming activities without being mandated to obtain a license and the regulations necessary to maintain compliance with safety and gaming laws. (Paras 1, 4)

Ratio Decidendi: The disposition of the writ petition rests on the compliance by the club with defined safety and operational guidelines while ensuring adherence to the legal distinction between skill games and illegal gambling activities. (Paras 21, 23)

Result: Writ petition disposed of with conditions and no order as to costs.

Table of Content
1. petition seeks writ for recreational activities. (Para 1)
2. compliance with previous legal precedents. (Para 2 , 3)
3. writ petition subject to compliance. (Para 4)
4. conditional safeguards for recreational activities. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22)
5. writ petition concluded without costs. (Para 23)

ORDER :

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

A. Wherefore, it is respectfully prayed that this Hon'ble Court is pleased to issued a Write of Mandamus or any other appropriate Writ, order or directions, directing the Respondents not to insist upon the petitioner to obtain the License to carry in lawful activities in the premises of the petitioner's Association either under the Licensing and Controlling of the KARNATAKA POLICE ACT and not to interfere in the play of skill fantastic-3 six color game, Chess, Snooker, Rummy, Poker, Electronic Coin Games, Carom, Billiards, etc., which are the games of skill.

B. Grant such other relief or relief's as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice.

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 &

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