- 1 - NC: 2025:KHC:13780 WP No. 9657 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9657 OF 2025 (GM-POLICE) BETWEEN: 1. SRI KALLAMALIGE ISTA DEVATHA MUNDITHAYA DAIVASTANA, SHAMBOOR VILLAGE BANTWAL TALUK, DAKSHINA KANNADA REPRESENTED BY ITS PRESIDENT SRI GANESH PRASAD J. POOJARI. 2. GANESH PRASAD J. POOJARI S/O JAYA SHANKARA AGED ABOUT 45 YEARS PRESIDENT OF COMMITTEE OF MANAGEMENT OF MADA KALLAMALIGE ISTADEVATHA MUNDITHAYA DAIVASTANA SHAMBOOR VILLAGE – 574 231. BANTWAL TALUK, DAKSHINA KANNADA. 3. N.NAVEEN KOTIAN S/O CHENNAPPA POOJARY AGED ABOUT 44 YEARS PRESIDENT OF SRI DHARMARASU VAIDYANATHA JUMADI BANTA DAIVAGALA ARADHANA SAMITHI SHAMBOOR VILLAGE, BANTWAL TALUK DAKSHINA KANNADA. 4. GANESH V. S/O V. MONAPPA POOJARY Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13780 WP No. 9657 of 2025 AGED ABOUT 53 YEARS DINDIGERE VAIDYANATHA JUMADI BANTA DAIVASTHANA - JODUSTHANA SHAMBOOR VILLAGE – 574 231 BANTWAL TALUK, DAKSHINA KANNADA REPRESENTED BY HIS GPA HOLDER SHRI NAVEEN KOTIAN. 5. MEENA BHAGAWANDAS W/O BHAGAWANDAS AGED ABOUT 56 YEARS PRESIDENT ADEPILA BHANDARADA MANE KOTIAN KUTUMBASTHARA TARAVADINA DAIVA DEVARA DHARMIKA TRUST, SHAMBOOR VILLAGE – 574 231 BANTWAL TALUK, DAKSHINA KANNADA. 6. SANTHOSH KUMAR S/O KAMALAKSHA BANGERA AGED ABOUT 40 YEARS PRESIDENT SHAMBOOR NARIKOMBU GRAMA PANCHAYATH SHAMBOOR VILLAGE – 574 231 BANTWAL TALUK, DAKSHINA KANNADA. …PETITIONERS (BY SRI BIPIN HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, CHAMARAJPET BENGALURU – 560 018. - 3 - NC: 2025:KHC:13780 WP No. 9657 of 2025 2. THE ASST. COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARABLE ENDOWMENTS DAKSHINA KANNADA DISTRICT – 575 001. 3. THE DY. COMMISSIONER DAKSHINA KANNADA – 575 001. 4. THE TAHSILDAR BANTWAL TALUK DAKSHINA KANNADA – 575 001. 5. THE SUPERINTENDENT OF POLICE DAKSHINA KANNADA – 575 001. 6. THE POLICE INSPECTOR BANTWAL RURAL POLICE STATION BANTWAL TALUK – 574 219 DAKSHINA KANNADA. …RESPONDENTS (BY SRI RAHUL CARIAPPA K. S., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PROVIDE POLICE PROTECTION FOR PERFORMANCE OF THE NEMOTHSAVA OF THE P-1 RELIGIOUS INSTITUTIONS FROM 03.04.2025 TO 05.04.2025 VIDE ANNX-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:13780 WP No. 9657 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: “a) Issue a writ in the nature of mandamus directing the respondents to provide police protection for performance of the Nemothsava of the 1st petitioner religious institutions from 3.4.2025 to 5.4.2025, vide Annexure ‘E’. b) Pass such other writ or order deemed fit and proper in the circumstances of the case, in the interest of justice and equity.” 2. Heard Sri Bipin Hedge, learned counsel for the petitioners and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents. 3. The issue in the lis is with regard to grant of police protection at the time when the Harike Nemothsava would take place at Sri Kallamalige Ista Devatha Mundithaya Daivastana. The said Nemothsava was initially to be held between 09.03.2025 and 11.03.2025, for which purpose the petitioners had submitted a representation for grant of police protection. During the said period i.e., between 09.03.2025 and 11.03.2025, the said Harika Namothsava could not be held on - 5 - NC: 2025:KHC:13780 WP No. 9657 of 2025 the said dates, owing to a dispute between the two rival groups in the village, where the temple is situated. The Harike Nemothsava is scheduled to be conducted between 03-04-2025 and 05-04-2025 and the petitioners are before this Court seeking police protection for peaceful conduct of Harike Nemothsava in the aforesaid temple. 4. Learned Additional Government Advocate would submit that no representation is submitted before the jurisdictional police for grant of police protection and therefore, if a representation is submitted today, it would be considered and police protection would be granted by the respondents - State. 5. The said submission is noted only to be rejected as the Harike Nemothsava is said to commence from tomorrow i.e., 03.04.2025 and the representation if being submitted today, it being considered is unheard of, in the annals of the respondents - State. Therefore, the present petition shall be treated as a representation by the petitioners and the jurisdictional police shall provide adequate police protection for the peaceful performance of Harike Nemothsava that would begin from 03.04.2025 to 05.04.2025. - 6 - NC: 2025:KHC:13780 WP No. 9657 of 2025 6. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. b. Mandamus issues to the jurisdictional police to provide adequate police protection from the commencement of Harike Nemothsava i.e., from 03.04.2025 to 05.04.2025, at Sri Kallamalige Ista Devatha Mundithaya Daivastana. c. It is made clear that if any untoward incident happens, the responsibility would be on the jurisdictional police for inadequate police protection. Ordered accordingly. Pending I.A’s. is disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 45 CT:SS