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2026 Supreme(Online)(Kar) 15043

THE HIGH COURT OF KARNATAKA
B.M.SHYAM PRASAD
SRI ARVIND REDDY – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 38140/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 38140 OF 2025 (GM-POLICE)

BETWEEN:

SRI ARAVIND REDDY S/O. VENKATESH REDDY.

AGED ABOUT 44 YEARS, RESIDING AT NO. 12.

3RD CROSS, COSTA LAYOUT.

FRAZER TOWN POST, BANGALORE.

…PETITIONER (BY SRI. VIVEK SUBBA REDDY., SENIOR ADVOCATE FOR SRI. SHAILESH KUMAR R., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA GOVINDARAJ NAGAR POLICE STATION REP.BY STATE PUBLIC PROSECUTOR, THROUGH P.I. HIGH COURT BUILDING, BANGALORE-560 001.

2. THE DEPUTY COMMISSIONER OF POLICE BANGALORE WEST.

MAGADI ROAD, BANGALORE.

THROUGH P.I. HIGH COURT BUILDING, BANGALORE-560 001.

3. THE COMMISSIONER OF POLICE BANGALORE CITY POLICE, INFANTRY ROAD, BANGALORE.

THROUGH P.I. HIGH COURT BUILDING.

BANGALORE-560 001.

…RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE R1 TO 3 TO REVOKE / CANCEL SHOW CAUSE NOTICE ANNX-C DATED 05.12.2025 ISSUED BY THE R1 TO 3 HEREIN AGAINST THE PETITIONER HEREIN; DIRECT THE R1 TO 3 NOT TO INITIATE ANY FURTHER PROCEEDINGS IN PURSUANCE OF THE SHOW CAUSE NOTICE ISSUED BY THE RESPONDENT HEREIN WITH REGARD TO THIS CASE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the Show Cause Notice dated 05.12.2025 [Annexure-C] purportedly issued under Section 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS]. This Show Cause Notice, amongst others, reads that the Police Inspector, Govindarajanagar Police Station has submitted a requisition for permission to arrest the petitioner as a measure of abundant caution, and therefore, he must show cause against executing a bond.

2. There is some dispute between the petitioner and one of his acquaintances. This dispute is the reason for the notice, and the imputation is that the petitioner is instigating others to create a law-and-order situation. On 05.01.2026, Sri Vivek Subba Reddy, the learned Senior Counsel for the petitioner, has canvassed the petitioner's grievance thus, while stating that the petitioner does not propose to meet or call on the complainant.

[a] the petitioner resides in D'Costa Layout, Frazer Town Post, Bengaluru and the complainant resides in Rajarajeshwari Nagar, but the complaint is transferred to Govindaraj Nagar Police Station only to escalate without any justification, and [b] purportedly a report is sent asking for permission to arrest the petitioner to be produced before the second respondent and the impugned notice is issued after this report.

Sri Vivek Subba Reddy is categorical that there was no occasion for issuing the impugned notice much less a notice with the threat of arrest. This Court has called upon Sri Ravindranath B, the learned Additional Government Advocate, to ensure a copy of the report in PAR No.76/2025 filed by the Police Inspector, Govindarajanagar Police Station.

3. Sri Subramanya K, the Police Inspector, Govindarajanagar Police Station, Bengaluru is present, and he furnishes a copy of the Report dated 22.11.2025. Sri Ravindranath B. submits that in this Report the Station House Officer has only asked for permission to call upon the petitioner to execute a bond as contemplated under Section 126 of BNSS but by a typographical inadvertence from the office of the Deputy Commissioner of Police [West], Bengaluru has recorded in the impugned Show Cause Notice that the petitioner would be arrested as a matter of abundant caution.

4. When queried, Sri Ravindranath B.

submits that this notice, because of this typographical error, will be recalled and this Court may reserve liberty to the respondents to issue fresh notice calling upon the petitioner to show cause against executing a bond as contemplated under Section 126 of BNSS. In response, Sri. Vivek Subba Reddy submits that if the notice is recalled and with the petitioner stating before thi

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