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2026 Supreme(Online)(Kar) 10368
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.7923 OF 2026 (GM-POLICE)
BETWEEN:
SATHEESH KUMAR K R
S/O LATE SH. RAMACHANDRAN NAIR AGED ABOUT 63 YEARS,
R/AT APARTMENT 301, BUILDING NUMBER 77, TAMARA2ND MAIN ROAD, 1ST CROSS ROAD, DEFENCE COLONY, BENGALURU-560 038.
(SENIOR CITIZEN BENEFIT NOT CLAIMED)…PETITIONER
(BY SRI. PRASANNA KUMAR P, ADVOCATE FOR SRI. PAARAS PANDEY., ADVOCATE)
AND:
1. COMMISSIONER OF POLICE Dbyig CitHalAlyIT sHigRnAe dA NO.1, INFANTRY ROAD, LCK o AOc RUa N tRi A oTn T O: A FH K I A GH O BE P N PO G S A I L T U E R S U P -5 A 6 R 0 S H0 A01 H .OSPITAL,
2. ADDITIONAL / JOINT COMMISSIONER OF POLICE, (CRIME DIVISION)NO.1, INFANTRY ROAD, OPPOSITE SPARSHA HOSPITAL, BENGALURU-560 001.
3. THE ASSISTANT COMMISSIONER OF POLICE (CENTRAL CRIME BRANCH ORGANISED CRIME WING) NEW CCB OFFICE, 95, BTS BUS DEPOT RD, VINAYAKA NAGAR KSRTC COLONY, WILSON GARDEN, BENGALURU-560 001.
4. STATION HOUSE OFFICER INDIRANAGAR POLICE STATION, 648/L, OLD MADRAS RD, BINNAMANGALA HOYSALA NAGAR, BENGALURU-560 001.
5. STATION HOUSE OFFICER MADIVALA LAW AND ORDER POLICE STATION, 321/2A, HOUSE RD, MADIWALA, 1ST STAGE, BTM 1ST STAGE, BENGALURU, KARNATAKA-560 068.
6. DEPUTY COMMISSIONER OF POLICE (EAST DIVISION)NO.150, GROUND FLOOR, 1ST FLOOR, CAMBRIDGE LAYOUT, EAST ZONE CITY, HALASURU, BENGALURU, KARNATAKA-560 008.
7. STATE OF KARNATAKA DEPARTMENT OF HOME VIDHAN SOUDHA, DR. AMBEDKAR VEEDI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY.
8. DR. K. J PURUSHOTHAM REDDY AGED ABOUT 52 YEARS, SON OF SH. K.B JAYARAMA REDDY, 327,8TH BLOCK, 1A MAIN, KORAMANGALA, BENGALURU-560 095.
…RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R7;V/O/DATED. 10.03.2026, NOTICE TO R8 D/W)
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NL iBstM N o.: 1 Sl No.: 10
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE, DIRECT AND ORDER THAT THE PRELIMINARY INQUIRY BEING CONDUCTED BY RESPONDENT NO.3 IS ILLEGAL AND WITHOUT ANY LAWFUL AUTHORITY AND CONSEQUENTLY VIDE ANNEXURE-Q AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned writ petition is filed seeking for the following reliefs;
"A. Declare, direct and order that the preliminary inquiry being conducted by respondent No.3 is illegal and without any lawful authority; and consequently vide Annexure-Q.
B. Quash the notice bearing No.DOO/Application /09/ACP/CCB/OCW(POO)/2026 dated 06.03.2026 issued by respondent No.3 to the petitioner (Annexure-Q).
C. Issue a Wirt of Mandamus, or in the nature of Mandamus or any other appropriate writ, order or direction respondent Nos.1, 2 and 7 thereby directing registration of a First Information Report based on petitioner's complaint dated 12.12.2025 submitted before the Respondent No.1 (Annexure-A) and the petitioner's complaint dated 27.02.2026 filed by the petitioner before Respondent No.3 (Annexure - C) and investigation of the case by any independent, neutral and unbiased authority;
D. Issue any such other writ, order or direction as this Hon'ble Court deems fit and proper relief's as this Hon'ble Court deems fit and proper under the circumstances of this case thereby directing the Respondent Police authorities to immediately commence investigation in accordance with law.
E. Direct the Respondent Police authorities to exercise their powers of search and seizure under the Bharatiya Nagarik Suraksha Sanhita, 2023 and conduct search of the premises of Respondent No.8 for recovery of the petitioner's passport;
F. Direct the Respondent police authorities to seize and secure the petitioner's passport presently in the unlawful possession of Respondent No.8 and handover custody thereof to the petitioner;
G. Direct Respondent No.3/Investigating Authority appointed/designated by this Hon'ble Court to provide a status report to this Hon'ble Court about the action taken in respect of the petitioner's complaint dated 12.12.2025 submitted before the Respondent No.1 (Annexure-A) and the petitioner's complaint dated 27.02.2026 filed by the petitioner before Respondent No.3 (Annexure-C) within a time frame fixed by this Hon'ble Court;
H. Pass such other order or direction as this Hon'ble Court deems fit in the interest of justice."
The petitioner has knocked on the doors of this Court primarily aggrieved by the alleged failure on the part of the respondent–Police Authorities to register a crime and initiate investigation on the basis of the allegations contained in the written complaint lodged by the petitioner.
The petitioner contends that the complaint lodged by him clearly discloses the commission of cognizable offences punishable with imprisonment exceeding seven years. It is therefore asserted that the respondents are duty-bound under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS, 2023”) and in the light of the law laid down by the Hon’ble Apex Court to forthwith register a crime and proceed with the investigation. The grievance of the petitioner is that respondent Nos.1 and 2, under a mistaken assumption that the offences alleged in the complaint are punishable with imprisonment of less than three years, have merely contemplated conducting a preliminary enquiry and have not taken further steps in accordance with law. Aggrieved by such inaction on the part of the Police Authorities, the petitioner has approached this Court by way of the present writ petition.
Learned counsel appearing for the petitioner, while reiterating the grounds urged in the writ petition, submitted that though several prayers are sought, he would primarily press prayer (C) and the consequential reliefs sought in p
