IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 101404 OF 2026 (GM-POLICE)

BETWEEN:

NAIK BROTHERS AND FRIENDS CLUB (R)

MURDESHWAR, TQ. BHATKAL, UTTAR KANNADA- 581350, REPRESENTED BY IT’S PRESIDENT, SHRI. ISHWAR S. NAIK, AGE. 52 YEARS, OCC. BUSINESS, R/O. BASTIMAKKI, MAVALLI-I, MURDESHWAR, TQ. BHATKAL, UTTAR KANNADA- 581350.

…PETITIONER (BY SRI. SUHAS K.HOSAMANI, ADVOCATE)

MANJANNA E AND:

Digitally signed by MANJANNA E Location: HIGH COURT 1. THE STATE OF KARNATAKA OF KARNATAKA DHARWAD BENCH Date: 2026.02.27 REPRESENTED BY ITS SECRETARY, 17:05:27 +0530 HOME DEPARTMENT, VIDHAN SOUDHA, BENGALURU-560001.

2. THE SUPERINTENDENT OF POLICE UTTAR KANNADA DISTRICT, KARWAR- 581301.

3. THE DEPUTY SUPERINTENDENT OF POLICE UTTARA KANNADA DISTRICT, KARWAR-581301.

4. THE CIRCLE POLICE INSPECTOR RURAL POLICE STATION, BHATKAL, TQ. BHATKAL, DIST. UTTAR KANNADA-581320.

5. THE SUB-INSPECTOR OF POLICE MURDESHWAR POLICE STATION, TQ. BHATKAL, DIST. UTTAR KANNADA-581350.

…RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO ENABLE THE PETITIONER TO CARRY-OUT THE RECREATIONAL ACTIVITIES IN PURSUANCE OF ANNEXURE-A; CONSEQUENTLY A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO 5 NOT TO REMOVE THE CCTV CAMERAS ALONG WITH DVRs INSTALLED IN THE PREMISES OF THE PETITIONER; AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

The petitioner-Club has approached this Court seeking a writ of mandamus directing respondents Nos.2 to 5-Police Authorities from interfering with the lawful and recreational activities carried on in the petitioner-Club premises and further seeking a direction not to remove the CCTV cameras along with DVRs installed in the premises.

2. Learned counsel for the petitioner submits that in identical circumstances, this Court has disposed of the writ petition by issuing protective directions safeguarding lawful recreational activities while reserving liberty to the Police to act in case of illegality.

3. Learned Additional Government Advocate for respondents-State fairly submits that the matter may be disposed of in terms of the order passed by this Court in similar cases.

4. This Court in several matters concerning recreational clubs, including the decisions in Mahalaxmi Friends Club Vs. State of Karnataka and Others (Mahalaxmi Friends Club) has laid down guidelines. In Mahalaxmi Friends Club, it has held at paragraph No.6 as under;

“6. In the light of the aforesaid submission, the present writ petition stands disposed with the following directions:

(i) The petitioner shall install within a period of six weeks, CC TV cameras, at all the places of access to its members and also at all the places, wherein game/s is/are played by the members. The CC TV footage of at least prior 15 days’ period shall be made available by the petitioner, to the police, as and when called upon to do so.

(ii) The petitioner shall issue identity card(s) to all its member(s), which shall be produced by the member(s), when called upon by the police, during the raid(s) and surveillance etc.

1 WP NO.109108/2025 D.D.01.12.2025

(iii) The petitioner shall not allow any non member(s) or the guest(s) of the member(s), to make use of its premises for the purpose of playing any kind of game(s) or recreational activities.

(iv) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Ss.2 (14) & 2 (15) of the Act and shall not permit any game(s) of chance as per Explanation (II) of Sub- section (7) of Section 2 of Karnataka Police Act, 1963. The member(s) shall not be allowed to play any kind of game(s) with stakes or make any profit or gain out of the game(s) played.

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