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2025 DAILYLAW 14932 (KAR)

SRI. SATISHA B R v. THE STATE OF KARNATAKA

WP/1972/2025 · 2025-02-03

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:4889 WP No. 1972 of 2025 C/W WP No. 1707 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1972 OF 2025 (GM-RES) C/W WRIT PETITION NO. 1707 OF 2025 (GM-RES) IN WP No. 1972/2025 BETWEEN: SRI. SATISHA B. R., S/O RANGEGOWDA B. T., AGED ABOUT 46 YEARS, R/AT BIDARANAKATTE VILLAGE, NAGAVALLU POST, HEBBUR, TUMKUR-572120 …PETITIONER (BY SMT. MS.NALINA MAYEGOWDA, SENIOR COUNSEL FOR SMT. ANUSHA B.REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HEBBUR POLICE STATION, TUMKUR TALUK-572120 REP BY SPP, HIGH COURT OF KARNATAKA. BENGALURU-560001 2. SMT. SIDDAGANGAMMA W/O SOMASHEKHARAIAH, AGED MAJOR, R/AT DOMMANAKUPPE, GOLLARAHATTY, HEBBUR TALUK, TUMKUR-572118 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 SRI PURUSHOTHAMA H.E., ADV. FOR R2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4889 WP No. 1972 of 2025 C/W WP No. 1707 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO. K2/CR.99/2017 DATED 15.12.2024 ISSUED BY RESPONDENT NO.1 AND ALL FURTHER PROCEEDINGS PURSUANT THERETO (PRODUCED AT ANNX-A) AND ETC. IN WP NO. 1707/2025 BETWEEN: 1. SRI B. T. K. KUMAR S/O THIMMEGOWDA, AGED ABOUT 47 YEARS, RESIDING AT BIDARANAKATTE VILLAGE, NAGAVALLU POST, HEBBUR, TUMKUR-572 120 2. SRI. PUTTARAJU, S/O MAYANNA, AGED ABOUT 47 YEARS, RESIDING AT CHIKKASARANGI POST, GULUR HOBLI, TUMKUR- 572 118. 3. SRI. SATHEESH J S/O JUNJEGOWDA, AGED ABOUT 32 YEARS, RESIDING AT MAILANAHATTI, HEBBUR HOBLI, TUMKUR- 572 107. 4. MR. SRINIVASA S., S/O SIDDAPPA AGED ABOUT 40 YEARS, SHETTAPPANA HALLI, GULUR HOBLI, CHIKKASARANGI, TUMKUR-571 118 ...PETITIONERS (BY SMT. MS.NALINA MAYEGOWDA, SENIOR ADV. FOR SMT. ANUSHA B.REDDY, ADVOCATE) - 3 - NC: 2025:KHC:4889 WP No. 1972 of 2025 C/W WP No. 1707 of 2025 AND: 1. THE STATE OF KARNATAKA THROUGH HEBBUR POLICE STATION, TUMKUR TALUK- 572 120. REP BY SPP, HIGH COURT OF KARANTAKA BENGALURU-560001 2. SMT. SIDDAGANGAMMA W/O SOMASHEKHARAIAH, AGED MAJOR, RESIDING AT DOMMANAKUPPE, GOLLARAHATTY, HEBBUR HOBLI, TUMKURU-572 118. ...RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 SRI PURUSHOTHAMA H.E., ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE IMPUGNED NOTICES DATED 15.12.2024 AND 23.12.2024 BEARING NO.K2/CR99/2017 ISSUED BY RESPONDENT NO.1 AND ALL FURTHER PROCEEDINGS PURSUANT THERETO (PRODUCED AT ANNEXURE - A TO A3 AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In W.P.No.1972/2025, petitioner seeks for the following reliefs: a. Issue a Writ of Certiorari quashing the impugned notice bearing No.K2/CR 99/2017 dated 15.12.2024 issued by respondent No.1 and all - 4 - NC: 2025:KHC:4889 WP No. 1972 of 2025 C/W WP No. 1707 of 2025 further proceedings pursuant thereto (produced at Annexure-A). b. Issue a Writ of Certiorari quashing the impugned order dated 03.08.2024 produced at Annexure- B permitting further investigation in Crime No.99/2017 pending in CC No.855/2018 before the 4th Addl. Civil Judge and JMFC, Tumkur; and c. Issue a writ of mandamus directing the respondent No.1 not to interfere with the life and liberty of the petitioner except following due process of law. d. Grant such other relief/s as this Hon’ble Court deems fit to pass in the facts and circumstances of this case, in the interest of justice and equity. 2. In W.P.No.1707/2025, petitioners seek for the following reliefs: a. Issue a Writ of Certiorari quashing the impugned notices bearing No.K2/CR 99/2017 dated 15.12.2024 and 23.12.2024 issued by respondent No.1 and all further proceedings pursuant thereto (produced at Annexure-A to A3). - 5 - NC: 2025:KHC:4889 WP No. 1972 of 2025 C/W WP No. 1707 of 2025 b. Issue a Writ of Certiorari quashing the impugned order dated 03.08.2024 produced at Annexure- B permitting further investigation in Crime No.99/2017 pending in CC No.855/2018 before the 4th Addl. Civil Judge and JMFC, Tumkur; and c. Issue a writ of mandamus directing the respondent No.1 not to interfere with the life and liberty of the petitioner except following due process of law. d. Grant such other relief/s as this Hon’ble Court deems fit to pass in the facts and circumstances of this case, in the interest of justice and equity. 3. Heard learned Senior Counsel for the petitioners, learned HCGP for respondent No.1 and learned counsel for respondent No.2-defacto complainant and perused the material on record. 4. A perusal of the material on record will indicate that pursuant to complaint dated 04.06.2017 filed by respondent No.2, which was registered in FIR in Crime No.99/2017, proceedings against the accused persons in C.C.No.855/2018 are pending before the trial Court. It is an undisputed fact and matter of record - 6 - NC: 2025:KHC:4889 WP No. 1972 of 2025 C/W WP No. 1707 of 2025 that petitioners are not arraigned as accused persons in the said proceedings. 5. During the pendency of the said proceedings, respondent No.1-prosecution filed an application seeking permission to conduct further investigation under Section 173(8) of Cr.P.C. By order dated 03.08.2024, the Trial Court allowed the said application filed by the prosecution, pursuant to which, the respondent prosecution has issued notice dated 15.12.2024 under Section 41(A) of Cr.P.C (Section 35 of BNSS), who are before this Court by way of the present petition. 6. A perusal of the material on record including the impugned order dated 03.08.2024 will indicate that the Trial Court proceeded to pass cryptic, laconic and unreasoned order without assigning cogent and valid reasons as to why the investigation already conducted was illegal and that further investigation was necessary; in other words, in the absence of recording reasons as to why the investigation already conducted was perfunctory or illegal, it was impermissible for the Sessions Court to direct reinvestigation without being satisfied as to why reinvestigation was necessary. - 7 - NC: 2025:KHC:4889 WP No. 1972 of 2025 C/W WP No. 1707 of 2025 7. In the facts and circumstances of the instant case, without expressing any opinion on the merits/demerits of the case, I deem it just and appropriate to set aside the impugned order and remit the matter back to the trial Court for reconsideration of the application filed by respondent – prosecution afresh under Section 178(3) of Cr.P.C within a stipulated time frame. 8. In the result, I proceed to pass the following: ORDER i) The petitions are hereby allowed. ii) Impugned notices at Annexure-A to A3 and impugned order at Annexure-B are hereby quashed. iii) The trial Court is directed to reconsider the application filed by the prosecution under Section 178 of Cr.P.C afresh in accordance with law and dispose of the same within a period of two weeks from the date of receipt of copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS;List No.: 1 Sl No.: 86