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2025 Supreme(Kar) 2286

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
Inchara Sports and Recreation Club – Appellant
Versus
The State of Karnataka – Respondent
Writ Petition No. 23572 of 2025
Decided On : 02-12-2025

Advocates Appeared:
For the Appellant : Gireesha Kodgi
For the Respondent: K.P. Yashodha

Lawful recreational activities are protected under the Karnataka Police Act, but regulatory compliance is mandatory to prevent unlawful practices.

Headnote:(A) Karnataka Police Act, 1963 - Writ of Mandamus - Petitioners sought to prevent the state from enforcing licensing requirements for skill games in their recreational club - Prior relevant judgments established legality of skill games - Court upheld rights of club members to engage in lawful activities while ensuring compliance with safety and regulatory measures. (Paras 3, 21)

(B) Gaming Activities - Court’s approval of gaming activities in clubs must comply with stipulations such as installation of surveillance systems, member verification, prohibition of chance games, and compliance with fire safety and health regulations - Clubs must ensure no unlawful gaming occurs within their premises. (Paras 5-20)

Facts of the case:
The Appellant Club sought relief against licensing enforcement under the Karnataka Police Act for skill-based games like chess and poker within their premises. Compliance with regulations and past court decisions formed the basis for deliberation.

Findings of Court:
The court found that the Club can operate skill games if stringent regulatory measures are implemented, preventing unlawful gaming while allowing for legitimate recreational activities.

Issues: The key issue was whether the petitioner should be subjected to licensing requirements for skill games.

Ratio Decidendi: The court affirmed that the right to engage in lawful activities must coexist with adherence to necessary regulatory and safety protocols, ensuring lawful recreation for members.

Result: The writ petition stands disposed of subject to mandatory conditions.

Table of Content
1. petitioners seek writ relief for gaming activities. (Para 1)
2. arguments refer to prior rulings on similar cases. (Para 2 , 3)
3. conditions safeguarded for club activities. (Para 4 , 21 , 22)
4. regulatory requirements and compliance mechanisms. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)
5. petition disposed of with no costs. (Para 23)

ORDER :

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

1) Issue writ of in the nature of mandamus, directing the respondents not to insist the petitioner to obtain license under KARNATAKA POLICE ACT or under Licensing and of Places of Public Amusement for playing of skill games like chess, snooker, Carom, Electronic coin games, Pentastic-3, Three Dies Bowling (is newly known as skilled electronic game) poker, wall game, six colour games, rummy etc., in the premises of the petitioner Association.

2) Issue a writ in the nature of Mandamus directing the respondents not to interfere with the activities of the petitioner Association for the recreation of its members by playing the skilled games like chess, Dart Game, snooker, carom, electronic coin games, video games, poker, wall game rummy, etc., in the premises of the Petitioner Association.

3) Pass any other writ order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case.

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

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