IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 27854 OF 2025 (GM-POLICE)

BETWEEN:

ASSHAR AHAMED ABOOBACKER

AGED ABOUT 34 YEARS,

S/O LATE M.B. ABOOBACKER,

NO. AL-ARFA 8-45/1, KATLA KAAN

ROAD IDDYA, SURATHKAL POST,

MANGALORE,

DAKSHINA KANNADA- 575 014

…PETITIONER

(BY SRI. ASHA K, ADVOCATE)

AND:

1. THE SECRETARY

TO THE GOVERNMENT OF KARNATAKA,

VIDHANA SOUDHA,

BENGALURU - 560001.

Digitally signed

2. THE DEPUTY COMMISSIONER

by SHWETHA

RAGHAVEND RA OF POLICE, BENGALURU CITY-

Location: HIGH WEST DIVISION,

COURT OF

KARNATAKA BENGALURU - 560004.

3. THE INSPECTOR OF POLICE,

BYATARAYANAPURA POLICE STATION,

BENGALURU - 560026.

…RESPONDENTS

(BY SMT.K.P.YASHODHA, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO-DIRECT,

DIRECTING THE RESPONDENTS NOT TO HARASS THE PETITIONER IN ANY MANNER IN CONNECTION WITH CRIME NO. 187/2025 VIDE ANNX-ADIRECT THE RESPONDENTS TO IMMEDIATELY RETURN THE PETITIONERS MOBILE PHONE ILLEGALLY TAKEN AWAY DIRECT A SENIOR POLICE OFFICER NOT BELOW THE RANK OF ACP/DCP TO INQUIRE INTO THE CONDUCT OF THE POLICE OFFICIALS OF BYATARAYANAPURA POLICE STATION ON 02.09.2025 AND TAKE DEPARTMENTAL ACTION THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Petitioner is before this Court seeking for the following reliefs:

a. "Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents not to harass the petitioner in any manner in connection with Crime No.187/2025 vide Annexure-A;

b. Direct the respondents to immediately return the petitioner's mobile phone illegally taken away.

c. Direct a senior police officer not below the rank of ACP/DCP to inquire into the conduct of the police officials of Byatarayanapura Police Station on

02.09.2025 and take departmental action.

d. To pass such other order(s) as deemed fit in the interest of justice and equity."

2. Though without a warrant, the respondent police have seized the mobile phone of the petitioner by conducting a mahazar and produced it before the Court seized of in Crime No.187/2025.

3. Learned counsel for the petitioner submitted that an application for return of the mobile phone has been made in the said proceedings and order has been passed.

4. Learned AGA submitted that if the order copy is furnished to them, the mobile phone would be immediately returned back to the petitioner.

5. The respondent police could be well-advised to refer to the decision of this Court in the case of Virendra Khanna Vs. State of Karnataka¹ and not to seize mobile phones without a warrant being issued in reported in AIRONLINE 2021 KAR 525 respect thereto, as categorically directed in that matter.

6. The first respondent as also the Director General of Police, State of Karnataka has directed to forward a copy of such judgment both in English and in a translated version in Kannada to all the concerned Investigating officers and to file a compliance affidavit within 4 weeks from today.

7. Though the above petition is disposed of, for considering compliance affidavit, re-list on

28.01.2026.

SD/-

(SURAJ GOVINDARAJ)

JUDGE SSD List No.: 1 Sl No.: 78