- 1 - NC: 2025:KHC:12769 WP No. 7267 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7267 OF 2025 (GM-POLICE) BETWEEN: TARUN SHEWARAM KAKU S/O LATE SHEWARAM DEVANDAS KAKU, AGED ABOUT 42 YEARS, RESIDING AT: ‘SHIV DHARA’ KALYAN PARK, RACECOURSE RING ROAD, RAJKOT – 360 001. STATE OF GUJARAT. …PETITIONER (BY SRI KUMAR M.N., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANASOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. ASSISTANT COMMISSIONER OF POLICE SHO, CEN CRIME POLICE STATION, EAST DIVISION, BENGALURU – 560 051. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12769 WP No. 7267 of 2025 HIGH COURT OF KARNATAKA …RESPONDENTS (BY SRI RAHUL CARIAPPA K.S., AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT, POLICE NOTICE DTD. 12.02.2025 ISSUED TO PETITIONER UNDER SECTION 35(3) AND 94 OF THE BNSS, 2023 SERVED TO PETITIONER BY WHATSAPP AS WELL AS WITHOUT ANNEXING A COPY OF FIR IN CRIME NO. 887/2024 BY THE R-2 VIDE ANNX-C AS ILLEGAL AND NON-EST IN LAW 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 prayer: “a. Declare that, Police Notice dated 12/02/2025 issued to petitioner under section 35(3) and 94 of the BNSS, 2023 served to petitioner by whatsapp as well as without annexing a copy of FIR in Crime No.887/2024 by the respondent No.2 vide Annexure-'C' as illegal and non-est in law. b. Declare that, Police Notice dated 10/03/2025 issued to petitioner under section 35(3) and 94 of the BNSS, 2023 served to petitioner by whatsapp as well as without annexing a copy of FIR in Crime No.887/2024 by the respondent No.2 vide Annexure-'D' as illegal and non-est in law. c. Pass such other order/s in the facts and circumstances of the case, in the interest of justice.” - 3 - NC: 2025:KHC:12769 WP No. 7267 of 2025 2. Heard Sri Kumar M.N., learned counsel for petitioner and Sri Rahul Cariyappa, learned Additional Government Advocate for the respondents. 3. It was the contention that there was no copy of the FIR appended at the time when the notice was issued under Sections 35(3) and 94 of the BNSS, 2023. 4. Learned Additional Government Advocate now submits corrective action has been taken and fresh notice is issued appending a copy of the FIR and the complaint to the said notice. In that light, it is now in compliance with law. 5. Learned counsel for the petitioner submits that if two weeks time is granted, he would appear and cooperate for the investigation, as the petitioner is residing at Rajkot. 6. Learned Additional Government Advocate submits that though the petitioner is not an accused, his presence for investigation is imperative as close to Rs.1.5 crores is received into the account of the petitioner and investigation is necessary. - 4 - NC: 2025:KHC:12769 WP No. 7267 of 2025 7. The submission of the learned Additional Government Advocate merits acceptance as investigation would undoubtedly be necessary. The petitioner shall cooperate with the investigation and appear before the Investigating Officer as and when called for. Without rhyme or reason, no coercive action be taken against the petitioner, if he is cooperating with the investigation. 8. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 18