R.S.H. Sports and Recreation Association v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14983 OF 2026 (GM-POLICE)

BETWEEN:

¶1R.S.H. SPORTS AND RECREATION ASSOCIATION NO.505/16 SHANTHA THEATRE ROAD HONNALI-577217, HONNALI TALUK DAVANAGERE DISTRUCT (REGISTERED UNDER KSR ACT 1960) REPRESENTED BY ITS PRESIDENT SRI.H.RAJAPPA, S/O HULAGAPPA AGED ABOUT 41 YEARS R/AT NO.5050/16, SHANTHA THEATRE ROAD HONNALI-577217, HONNALI TALUK DAVNAGERE DISTRICT

…PETITIONER (BY SRI: HANUMANTHAPPA B HARAVI GOWDAR.,ADVOCATE) AND:

¶1THE STATE OF KARNATAKA ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AFFAIRS GOVERNMENT OF KARNATAKA DR.B.R. AMBEDKAR VEEDHI VIDHANA SOUDHA BENGALURU-560 001.

2. THE SUPERINTENDENT OF POLICE DAVANAGERE DISTRICT

by CHANDANA B M Location: High Court of Karnataka NC:(2026:KHC:24714( WP(No.(14983(of(2026( ( , ,,HC-KAR( ( ( DAVANAGERE-577005, ,

3., THE,DEPUTY,SUPERINTENDENT,OF,POLICE, RURAL,CHANNAGIRI, DAVANAGERE,DISTRICT-577005, ,

4., THE,POLICE,SUB,INSPECTOR, HONNALI,POLICE,STATION, HONNALI-577217, DAVANAGERE,DISTRICT, , …RESPONDENTS, (BY,SRI:,SHIVAREDDY,V.,,AGA), , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, DIRECT, THE, RESPONDENTS, NO.1, TO, 4, NOT, TO, OBSTRUCT, THE, SPORTS, AND, RECREATION,ACTIVITIES, IN, THE, ASSOCIATION, OF, THE, PETITIONER, RSH, SPORTS, AND, RECREATION, ASSOCIATION, REGISTERED, UNDER, THE, KARNATAKA, SOCIETIES, REGISTRATION, ACT, 1960, VIDE, ANNEXURE-A,, DATED, 23-04-2026,,BEARING,REGISTRATION,NO.DRDV/,SOR/32/2026-2027, WITH,IMMEDIATE,EFFECT;,DIRECT,THE,RESPONDENTS,NOT,TO, INSIST, UPON, THE, PETITIONER, TO, OBTAIN, LICENSE, FOR, PLAYING, GAMES, OF, SKILLS, LIKE, CHESS,, CARROM,, RUMMY, ETC.,EITHER,UNDER,THE,KARNATAKA,POLICE,ACT,OR,UNDER, THE, LICENSING, AND, CONTROLLING, OF, PLACES, OF, PUBLIC, AMUSEMENT, ORDER;, DIRECT, DECLARING, THAT, THE, PETITIONER, ASSOCIATION, IS, NOT, REQUIRED, TO, OBTAIN, A, LICENSE, UNDER, THE, LICENSING, AND, CONTROLLING, OF, PLACES, OF, PUBLIC, AMUSEMENT, ORDER,, OR, UNDER, THE, KARNATAKA,POLICE,ACT,,1963,TO,CARRY,ON,RECREATIONAL, ACTIVITY;, DIRECT, DECLARING, THAT, THE, ACTION, OF, THE, RESPONDENTS, IN, INTERFERING, WITH, THE, RECREATION, ACTIVITY,IN,THE,SCHEDULE,PREMISES,IS,HIGHLY,ARBITRARY, AND,ILLEGAL,AND,ETC.,,, , THIS,WP,,COMING,ON,FOR,PRELIMINARY,HEARING,,THIS, DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, ,

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner is seeking for the following reliefs: "i) Issue a writ in the nature of mandamus directing the respondent Nos.1 to 4 not to obstruct the Sports & Recreation Activities in the Association of the petitioner R S H Sports and Recreation Association registered under Karnataka Societies Registration Act 1960 vide Annexure-A, dated 23-04-2026, bearing Registration No.DRDV/SOR/32/2026-2027 with immediate effect.

ii) Issue a writ or order or direction as this Hon'ble Court deems fit under the circumstances of the case.

iii) Directing the respondents not to insist upon the petitioner to obtain license for playing games of skills like chess, carom, rummy etc., either under the Karnataka Police Act or under the licensing and controlling of places of public amusement order.

iv) Direction declaring that the petitioner association is not required to obtain a license under the licensing and controlling of places of public amusement order, or under the Karnataka Police Act, 1963 to carry on recreational activity.

v) Direction declaring that the action of the respondents in interfering with the recreation activity in the schedule premises is highly arbitrary and illegal. Grant an interim order to restrain the respondents from interfering with the activity of petitioner association in carrying on recreation activities and conducting games of recreation such as like chess, carom, rummy etc., and other legal games in the petition schedule premises."

¶2Petitioner is a recreation association registered under Indian Trust Act.

The petitioner's recreation club is established to encourage the games like dart, chess, rummy, carom, Kabaddi, Co-co, Relay, Tennis Football, Cricket, videogames, electronic amusement games, dice games.

¶3Learned counsel for the petitioner submits that, the entry to the petitioner's association is restricted only to its members and outsiders and other public are not allowed to enter or enjoy the benefits of the society as a matter of right or on payment. He further submits that, the respondent-police are now forcing the petitioner-recreational club to obtain licence to conduct the activities in the said club. Hence, this writ petition.

¶4Learned counsel for the petitioner further submit that the recreational activities that are carried out in the recreation club would not fall under Sections 6 & 7 of the Karnataka Police Act,1963. Hence, they are not required to secure any license from the authorities.

¶5Learned AGA appearing for respondents submits that the issue involved in this writ petition was examined by the Division Bench of this Court in W.A.No.728/2020, disposed of on

18.01.2021.

¶6Hence, this writ petition also requires to be disposed of in the light of the order passed in W.A.No.728/2020 on following terms and conditions:

(i) The petitioner shall install CCTV cameras at the places of access to its members and also at all the places, where in game(s) is / are played by the members within a period of six weeks. The CCTV footage of at least prior 15 days period shall be made available by petitioner to jurisdictional 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 concerned police, during raid(s), surveillance, etc.,

(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 Sections 2(14) and 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, 1863. 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.

(v)The petitioner shall put proper mechanism in place and shall ensure that no game(s) is played in any unlawful manner by the member(s). If the jurisdictional police find the game(s) played is / are contrary to any law and in violation of the settled practice, it is open to them to take action against petitioner and offenders, in accordance with law.

(vi)The jurisdictional police shall have liberty to visit premises periodically and / or on receipt of any information about any unlawful activity being carried on in the petitioner's premises.

(vii)The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner's–Club/ Association.

(viii)It is made clear that this order would not

come in the way of the jurisdictional police invoking the provisions of the Act and taking action in accordance with law, if the member(s) of the petitioner is / are found to have indulged in any unlawful or immoral activities.

Sd/- (S.R.KRISHNA KUMAR) JUDGE

HR List No.: 1 Sl No.: 52