- 1 - NC: 2025:KHC:15203 WP No. 128 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 128 OF 2019 (GM-POLICE) BETWEEN: SMT. G. MEENAKSHI W/O P. ANJAN AGED ABOUT 40 YEARS R/AT # 9, 2ND CROSS MODEL HOUSE UDAYAGIRI EXTENSION MYSURU - 570 019 …PETITIONER (BY SRI. MR RAJGOPAL SR. ADVOCATE FOR SRI. H.N. BASAVARAJU, ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001 2. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU - 560 001 3. THE DIRECTOR GENERAL OF POLICE IN KARNATAKA NRUPATHUNGA ROAD BENGALURU - 560 001 4. THE INSPECTOR GENERAL OF POLICE JALAPURU, MYSURU - 570 010 5. THE SUPERINTENDENT OF POLICE MYSURU DISTRICT MYSURU - 570 001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15203 WP No. 128 of 2019 6. THE DEPUTY SUPERINTENDENT OF POLICE NANJANGUD MYSURU DISTRICT - 571 301 7. THE CIRCLE INSPECTOR OF POLICE NANJANGUD MYSURU DISTRICT - 571 301 8. THE SUB-INSPECTOR OF POLICE HULLAHALLI POLICE STATION HULLAHALLI, NANJANGUD TALUK MYSURU DISTRICT - 571 301 …RESPONDENTS (BY BHOJEGOUDA T. KOLLER, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS, MORE PARTICULARLY R-4 TO 6, TO RE-INVESTIGATE THE MATTER IN RELATED TO THE DEATH OF THE PETITIONER'S HUSBAND P. ANJAN AS REFLECTING FROM THE ENDORSEMENTS DATED 26.10.2012, 19.12.2012, 24.05.2013, 25.08.2014 AND 16.05.2015 ISSUED BY THE POLICE AS PER ANNEXURES-V TO V4 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following relief's: " Wherefore, the petitioner most respectfully prays that this Hon'ble Court be pleased to: a) Issue a writ in the nature of mandamus directing the respondents, more particularly respondent Nos.4 to 6, to re-investigate the matter in related to the death of the petitioner's husband P Anjan as reflecting from the endorsements dated 26.10.2012, 19.12.2012, 24.05.2013, 25.08.2014 and - 3 - NC: 2025:KHC:15203 WP No. 128 of 2019 16.05.2015 issued by the police as per Annexures-V to V4. b) Call for the entire records and investigation report as of now conducted by the police, particularly respondent Nos.7 and 8, in related to the death of the husband of the petitioner as reflecting from the endorsement issued time to time and also issue necessary direction by exercising jurisdiction under Article 226 of the Constitution of India through a mandamus to re-investigate the matter strictly in terms of Sections 174 and 175 of the Code of Criminal Procedure under the supervision of a senior Police officer of Mysuru and submit the report to this Hon'ble Court in relating to the outcome of such investigation; c) Pass any appropriate writ, order or direction as this Hon'ble Court deem it fit and proper in the facts and circumstances of the case and allow this Writ Petition with costs, in the ends of justice and equity." 2. The petitioner had lodged a complaint as regards her husband Anjan P alias Abdul Rahiman, having gone missing, contending that his health condition was not sound and his elder brother had taken him to Kerala for treatment. Though initially she received information about the health condition of her husband till February 2012, thereafter no reply or information was received. When she enquired about the same from her husband's brother Ashok, he gave evasive replies and on that basis, a complaint was registered in Crime No.68 of 2012 on 16.06.2012. - 4 - NC: 2025:KHC:15203 WP No. 128 of 2019 3. The respondent - State alleging that investigation had been conducted, had issued endorsement stating that the husband of the petitioner was suffering from cancer. He was admitted to Regional Cancer Center, Tiruvananthpuram, Kerala and he expired in the said Regional Center on 02.11.2011. His cremation had been carried out in Kathramal Masjid on 03.11.2011. 4. Subsequent to that, the petitioner had submitted a complaint to the superior officer of the Investigating Officer contending that the investigation has not been carried out properly, as regards which, further endorsement had been issued at Annexure-V series. Challenging the same, the petitioner is before this Court contending that the investigation has not been carried out properly and as such, the matter is required to be re- investigated strictly in terms of Sections 174 and 175 of Cr.P.C. under the supervision of senior Police Officer. 5. A perusal of the complaint would indicate that during the year 2011, the petitioner's husband left with his brother for treatment in Kerala i.e., on 15.09.2011 and it is from - 5 - NC: 2025:KHC:15203 WP No. 128 of 2019 February 2012, that no information was received as regards to the status of the husband. There is no dispute about the husband having gone to Kerala for treatment, as his health condition being bad. The investigation report indicates that he was suffering from cancer and he expired at the Regional Cancer Center, Tiruvananthpuram on 02.11.2011. If at all, there are any allegations as regards foul play or otherwise, the same having occurred in Kerala and not within the jurisdiction of the Investigating Officer in the present case. 6. Hence, reserving liberty to the petitioner to agitate any issue before the appropriate forum in Kerala, the petition stands disposed off. SD/- (SURAJ GOVINDARAJ) JUDGE *bgn/- CT:VS, List No.: 1 Sl No.: 47