THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO 3 TO CONSIDER THE REPRESENTATIONS AS PER ANNEXURE A TO A2 GIVEN BY THE PETITIONER TO TRANSFER THE INVESTIGATION IN CRIME NO.9/2026 REGISTERED FOR THE OFFENCES UNDER SECTIONS 137(2), 115(2), 351(2), 352, 190 OF BNS, 2023. B) DIRECT THE RESPONDENT NO.1 TO 3 TO TRANSFER THE INVESTIGATION IN CRIME NO.9/2026 REGISTERED FOR THE OFFENCES UNDER SECTIONS 137(2), 115(2), 351(2), 352, 190 OF BNS, 2023 FROM 5TH RESPONDENT OLD HUBBALLI POLICE STATION TO ANY OTHER POLICE STATION AS PER ANNEXURE B AND C AND ETC.,.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. The petitioner has filed this writ petition seeking the following reliefs:

“WHEREFORE, the Petitioner named above humbly prays that this Hon'ble court be pleased to:

a. Issue a Writ of Mandamus directing the Respondent No.1 to 3 to consider the representations as per Annexure A to A2 given by the Petitioner to transfer the Investigation in Crime No. 9/2026 registered for the offences under sections137(2), 115(2), 351(2), 352, 190 of BNS, 2023.

b. Direct the Respondent No. 1 to 3 to transfer the investigation in Crime No. 9/2026 registered for the offences under sections 137(2), 115(2), 351(2), 352, 190 of BNS, 2023 from 5th Respondent Old Hubballi Police Station to any other police station as per Annexure B and C.

c. Pass such other direction or order as this Hon’ble court deems fit in the facts and circumstances of the case, in the interest of justice and equity.”

2. Brief facts, leading rise to the filing of this petition are as follows:

3. It is contended that the accused persons kidnapped the petitioner’s mother-in-law on 16.01.2026, who is stated to be of unsound mind. On the same day, a complaint was lodged before respondent No.5–Police, and an FIR came to be registered in Crime No.9/2026 for the offences punishable under Sections 137(2), 115(2), 351(2), 352, and 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’).

4. In the month of August, the Investigating Officer rescued the victim (the petitioner’s mother-in-law) and sent her to Santvana Kendra. It is the grievance of the petitioner that the said fact of rescue was not informed to him and that, instead of sending the victim to the petitioner’s house, she was sent to Santvana Kendra.

5. Thereafter, the Investigating Officer produced the victim before the learned Magistrate for recording her statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS, 2023’). On the same day, the victim, who is stated to be of unsound mind, stated that she had no children. It is the case of the petitioner that her husband is one of the sons of the victim and that she was residing with them prior to the alleged incident.

6. It is further contended that accused No.11 appeared before the learned Magistrate and that the Investigating Officer failed to disclose that the said person was an accused in the present crime. Consequently, the learned Magistrate, being unaware of the said fact, handed over the custody of the victim to accused No.11. Hence, it is contended that the Investigating Officer has acted against the interest of the victim, and accordingly, on these grounds, the petitioner seeks transfer of investigation.

7. Heard the arguments of the learned counsel for the petitioner, and the learned Additional Government Advocate for the respondents.

8. Learned counsel for the petitioner submits that the Investigating Officer has not acted fairly, inasmuch as he failed to inform the petitioner about the rescue of the victim and did not bring to the notice of the learned Magistrate that accused No.11 was involved in the crime. Hence, on these grounds, he seeks transfer of inves