IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

WRIT APPEAL NO.100730 OF 2025 (GM-POLICE)

BETWEEN:

MR. MAHESH GOWDA, AGED ABOUT 41 YEARS, OCC. POLICE CIRCLE INSPECTOR, SANDUR CIRCLE, BALLARI DISTRICT 583101.

…APPELLANT (BY SRI. VIKRAM HUILGOL, SENIOR COUNSEL FOR SRI. MALLIKARJUN S. HIREMATH, ADVOCATE)

CHANDRASHEKAR LAXMAN KATTIMANI AND:

Digitally signed by C LA H X A M N A D N R A K S A H T E T K IM A A R NI Location: HIGH COURT O DH F A K R A W RN AD AT B A E K N A CH 1. THE STATE OF KARNATAKA, THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU 560001.

2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, (DG AND IGP), NRUPATUNGA ROAD, BENGALURU 560001.

3. THE SUPERINTENDENT OF POLICE, BALLARI, DIST. BALLARI 583101.

4. THE DEPUTY SUPERINTENDENT OF POLICE, TORANAGALLU SUB-DIVISION, BALLARI DISTRICT 583101. 5. MR. V. VIVEKANANDA, S/O V. SHIVANA GOUDA AGE. 25 YEARS, R/O KOLUR VILLAGE, KURUGODU TALUK, BALLARI DISTRICT 583102.

…RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4;

SRI. RAVINDRA PATIL, ADVOCATE FOR SRI. PRAVEEN G.

KULKARNI, ADVOCATE FOR C/R5)

THIS WRIT APPEAL IS FILED UNDER SEC.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.10.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN W.P.NO.107963/2025 (GM-POLICE) & ETC.

THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

Sri. Sharad V.Magadum, learned Additional Government Advocate, accepts notice for respondents No.1 to 4.

2. Sri. Ravindra Patil, learned counsel appears on behalf of Sri. Praveen G.Kulkarni, learned counsel for caveator/respondent No.5.

3. Heard learned Senior Counsel, Sri. Vikram Huilgol for Sri. Mallikarjun S.Hiremath, learned counsel for the petitioner, Sri. Sharad V.Magadum, learned AGA, and Sri. Ravindra Patil for caveator/respondent No.5.

4. This appeal by respondent No.5 before the learned Single Judge in W.P. No.107963/2025 is directed against the order dated 30.10.2025 passed by the learned Single Judge, paragraph 7 of which, reads as under:

“7. In the light of the Police Inspector being an accused, I deem it appropriate to direct the registration of the crime, as on the very perusal of the complaint itself, it is indicative of the commission of a cognizable offence of assault. The Superintendent of Police, Bellary, shall ensure a fair investigation into the matter, is necessary by entrusting it to any other police station, in the peculiar facts of the case by directing the registration of the crime, forthwith.”

5. The parties to the appeal would be referred to as they stood before the learned Single Judge.

6. The petitioner approached this Court with a prayer for a writ of mandamus directing respondents No.2 and 3 to forthwith register a first information report against respondent No.5 based on the complaint filed by the petitioner dated 28.08.2025 (Annexures-D and D1), and for other ancillary reliefs. The learned Single Judge, with an observation that when a citizen approaches the police station of the jurisdiction alleging commission of cognizable offence by any person, be it a police officer, directed registration of crime with an observation that the Superintendent of Police, Ballari, shall ensure a fair investigation into the matter, if necessary, by entrusting it to any other police station. It was the grievance of the petitioner that his complaint against respondent No.5 was refused to be registered and he was made to run from pillar to post including submission of representation to higher police officers. In the above circumstance, the learned Single Judge issued the direction which is extracted above.

7. Learned Senior Counsel for the petitioner would submit that the le