- 1 - NC: 2025:KHC:7810 WP No. 4843 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4843 OF 2025 (GM-RES) BETWEEN: MR. GOPINATH NAGAR ANTHAL S/O N A NARASIMHULU, AGED ABOUT 61 YEARS, VILLA NO. 24, VASWANI WHISPERING PALMS 8, 2ND CROSS, BALAJI LAY OUT, MARATHAHALLI, BENGALURU - 560 037 THE CORRECT RESIDENTIAL ADDRESS OF THE PETITIONER IS AT NO. 401, ADARSH MANOR, SHANKAR MUTT ROAD, SHANKARAPURAM, BENGALURU - 560 004. …PETITIONER (BY SRI. B M MOHAN KUMAR., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. MARATHAHALLI POLICE REPRESENTED BY ITS STATION HOUSE OFFICER. 3. DIRECTOR GENERAL OF POLICE STATE OF KARNATAKA, POLICE CORNER, NRUPUTHUNGA ROAD, BENGALURU - 560 001. 4. COMMISSIONER OF POLICE BENGALURU CITY, INFANTARY ROAD, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7810 WP No. 4843 of 2025 BENGALURU. ALL RESPONDENTS ARE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. …RESPONDENTS (BY SRI. THEJESH P., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE INDIAN CONSTITUTION READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 READ WITH SECTION 582 OF THE BNSS, 2023, PRAYING TO DIRECT THE TRANSFER OF THE FIR IN CRIME NO. 201/2022 AND THE COMPLAINT DTD. 30.08.2022 REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 306, 384, 506 READ WITH SECTION 34 OF IPC TO THE TO THE CID OF KARNATAKA POLICE OR THE CENTRAL CRIME BRANCH, BENGALURU OR ANY OTHER POLICE STATION THAT THIS HONBLE COURT DEEMS FIT AND FURTHER INVESTIGATION OF THE CASE IN CRIME NO. 201/2022 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: i. Issue a writ / order / direction in the nature of mandamus directing the transfer of the FIR in Crime No.201/2022 and the Complaint dated 30.08.2022 registered for offences punishable under Sections 306, 384, 506 read with Section 34 of IPC to the to the CID of Karnataka Police or the Central Crime Branch, Bengaluru or any other Police Station that this Hon’ble Court deems fit and further investigation of the case in Crime No.201/2022. ii. Issue a writ / order / direction in the nature of mandamus directing further investigation of the FIR in Crime - 3 - NC: 2025:KHC:7810 WP No. 4843 of 2025 No.201/2022 and the Complaint dated 30.08.2022 registered for offences punishable under Sections 306, 384, 506 read with Section 34 of IPC to by such other Police; iii. Pass such other and further order as this Hon’ble Court may deem fit to grant in the circumstances of the case, in the interests of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for the respondent and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that the investigation being carried by the Police Sub-Inspector (PSI) and Assistant Sub- Inspector (ASI) of respondent No.2 – Marathahalli Police Station is improper, perfunctory and shoddy and will not result in proper report being filed by them and it is necessary to transfer the same from the aforesaid persons to either the Criminal Investigation Department of Karnataka (CID) or any other police station. 4. Per contra, learned HCGP for the respondents submits that the PSI and ASI of respondent No.2 – Police Station have correctly and properly conducted the investigation and have - 4 - NC: 2025:KHC:7810 WP No. 4843 of 2025 submitted a charge sheet as well as supplementary charge sheet and continued with investigation and filed final report in accordance with law. 5. Alternatively, without prejudice the aforesaid submissions, learned HCGP submits that he has no objection for investigation to be transferred to higher authorities, Assistant Commissioner of Police, Marathahalli Sub-Division to complete investigation and file final report . 6. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims, having regard to the submissions made by the learned HCGP that he has no objection for further investigation to be transferred from the PSI and ASI of respondent No.2- Police Station to the Assistant Commissioner of Police, Marathahalli Sub-Division (ACP), without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition by transferring the further investigation currently pending with the ASI and the PSI of respondent No.2 - Police Station to the Assistant Commissioner of Police, Marathahalli Sub-Division, to complete further investigation - 5 - NC: 2025:KHC:7810 WP No. 4843 of 2025 and submit final report, in accordance with law, as expeditiously as possible. 7. Subject to the aforesaid directions, the petition stands disposed of. It is made clear that this Court has not expressed any opinion on the merits/demerits of the rival contentions. Liberty is reserved in favour of the petitioner to take recourse to such remedies as available in law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 10