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2025 DAILYLAW 20140 (KAR)

SRI. BABU POOJARY v. THE STATE OF KANRATAKA

WP/7741/2025 · 2025-04-07

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:14657 WP No. 7741 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7741 OF 2025 (GM-POLICE) BETWEEN: SRI. BABU POOJARY, S/O LATE LOKU POOJARY, AGED ABOUT 57 YEARS, R/AT SHIVALLI VILLAGE, UDUPI TALUK, UDUPI DISTRICT - 576 102. …PETITIONER (BY SRI. ARVIND K, ADVOCATE FOR SRI. MOHAN KUMAR D, ADVOCATE) AND: 1. THE STATE OF KANRATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE STATION HOUSE OFFICER, MANIPAL POLICE STATION, ADDRESS SHIVALLI VILLAGE, MANIPAL POST, UDUPI TALUK, UDUPI DISTRICT, KARNATAKA - 576 104. 3. THE SUPERINTENDENT OF POLICE (SP), ADDRESS: OLD DC OFFICE ROAD, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14657 WP No. 7741 of 2025 BANNANJE CIRCLE, BANNANJE, UDUPI, KARNATAKA - 576 101. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO PROVIDE ADEQUATE POLICE PROTECTION TO PETITIONER AND HIS FAMILY AS DETAILED IN THE REPRESENTATION DATED 01.03.2025 VIDE ANNX-C AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a) Issue a Writ of Mandamus or any other appropriate writ directing the Respondent No.2 to provide adequate police protection to Petitioner and his family as detailed in the representation dated 01.03.2025 vide ANNEXURE-C. b) Issue a Writ of Mandamus or any other appropriate writ directing the Respondent No.3 to provide adequate police protection to Petitioner and his family as detailed in the representation dated 01.03.2025 vide ANNEXURE-C1. c) Pass any such other order/s as this Hon'ble Court deem fit under the fact and circumstances of the case, in the interest of justice & equity." - 3 - NC: 2025:KHC:14657 WP No. 7741 of 2025 2. Heard Shri Arvind K., learned counsel for Shri Mohan Kumar D. learned counsel appearing for the petitioner and Shri Rahul Cariappa, learned Additional Government Advocate appearing for the respondents. 3. The petitioner seeks to register a complaint against the other family members, who are in squabble with regard to partition that has already taken place. 4. The learned counsel appearing for the petitioner submits that he is been getting threat calls from the other family members with regard to five guntas of space that is subject matter of partition, which has come in favour of the petitioner and further submits that there are audio recordings with regard to the threat and the police are not granting any police protection, despite the said audio recordings. 5. The learned Additional Government Advocate on instructions would submit that the complaint has been closed on account of the matter being purely civil in nature and therefore, submits that there is no threat, as projected by the petitioner. - 4 - NC: 2025:KHC:14657 WP No. 7741 of 2025 6. In the light of the aforesaid submission, I deem it appropriate to direct the petitioner to produce the audio recordings, if he has, before the jurisdictional Police and the Police would find a threat in real time and not imaginary to accord such police protection to the petitioner, strictly in consonance with the circular dated 04.11.2018. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 42 CT: BHK