- 1 - NC: 2025:KHC:12162 WP No. 11368 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 11368 OF 2021 (GM-RES) BETWEEN: 1. KUM. SHWETA BABU PRASAD, AGED ABOUT 32 YEARS, D/O. LATE G BABU PRASAD, R/AT NO.K-1, 3RD MAIN ROAD, 8TH CROSS ROAD, LAKSHMINARAYANAPURAM, SRIRAMPURAM, BANGALORE-560021. 2. SMT. A. R. RAJESWARI AGED ABOUT 62 YEARS, W/O. LATE G BABU PRASAD, R/AT NO.K-1, 3RD MAIN ROAD, 8TH CROSS ROAD, LAKSHMINARAYANAPURAM, SRIRAMPURAM, BANGALORE-560021. 3. SMT. A. R. VIJAYALAKSHMI, AGED ABOUT 65 YEARS, R/AT NO.K-1, 3RD MAIN ROAD, 8TH CROSS ROAD, LAKSHMINARAYANAPURAM, SRIRAMPURAM, BANGALORE-560021. 4. PAVAN KUMAR N, AGED ABOUT 32 YEARS, S/O. N. R. NARASIMHA, R/AT NO.1710/9, 1ST FLOOR, 3RD MAIN ROAD, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12162 WP No. 11368 of 2021 RAMAMOHANPURA, BANGALORE-560021. …PETITIONERS (BY SMT. V.R. BALARAJ, ADVOCATE FOR SRI. K SHIVAJI RAO, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO THE DEPARTMENT OF HOME, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560001 2. THE COMMISSIONER OF POLICE, INFANTRY ROAD, BANGALORE-560001. 3. LAKSHMINARAYAN PRASAD ASSISTANT COMMISSIONER OF POLICE, CITY CRIME RECORDS BUREAU, INFANTRY ROAD, BANGALORE-560001. 4. SUNIL NAIK CIRCLE INSPECTOR OF POLICE, PREVIOUSLY POSTED AT SRIRAMPURAM POLICE STATION, BANGALORE-560021 PRESENTLY POSTED AS CIRCLE INSPECTOR, MADIWALA POLICE STATION, BANGALORE-560068. 5. GIRISH NAIK, SUB INSPECTOR OF POLICE, PREVIOUSLY POSTED AT SRIRAMPURAM POLICE STATION, BANGALORE-560021, PRESENTLY POSTED AS SUB INSPECTOR, MALLESWARAM POLICE STATION, BANGALORE-560003. 6. DEPUTY COMMISSIONER OF POLICE BANGALORE NORTH DIVISION, OFFICE OF THE DEPUTY COMMISSIONER OF POLICE, - 3 - NC: 2025:KHC:12162 WP No. 11368 of 2021 YESHWANTHPUR CIRCLE FLYOVER, YESHWANTHPUR, BANGALORE-560022. 7. NATIONAL COMMISSION FOR WOMEN BY ITS CHAIRPERSON, SMT. REKHA SHARMA, PLOT NO.21, FC 33, INSTITUTIONAL AREA, JASOK, NEW DELHI-110025. …RESPONDENTS (BY SMT. YASHODHA, HCGP FOR R1 TO R6; SMT. SUNITHA H. SINGH, ADVOCATE FOR R3; SRI. V.B. SIDDARAMAIAH, ADVOCATE FOR R4 & R5; NOTICE TO R7 IS HELD SUFFICIENT) ------- THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION ON INDIA, PRAYING TO: a) ISSUE A WRIT OF MANDAMUS DIRECTING THE INVESTIGATION OF THE ILLEGAL ENTRY OF THE SRIRAMAPURAM POLICE BOTH IN UNIFORM AS WELL AS IN CIVIL DRESS ON 26.10.2020 AND INCIDENT OF VANDALIZATION OF PETITIONERS 1 TO 3 PROPERTY BEARING NO.K-1, 3RD MAIN ROAD, 8TH CROSS, LAKSHMINARAYANAPURAM, SRIRAMURAM, BANGALORE – 560 021 AND INVESTIGATION OF DESTRUCTION OF CCTV INSTALLATIONS THAT OCCURRED ON 19.12.2020 BY AN INDEPENDENT INVESTIGATING AGENCY UNDER THE CONTROL OF CENTRAL BUREAU OF INVESTIGATION-RESPONDENT NO.8 AND INITIATION OF CRIMINAL PROCEEDINGS AGAINST THE CULPRITS. b) ISSUE A WRIT OF CERTIORARI OR OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE PROCEEDINGS IN PAR 21/2020 IN ANNEXURE-‘F’. c) ISSUE A DECLARATION THAT ENTIRE PROCEEDINGS IN PAR 21/2020 IN ANNEXURE-‘F’ INITIATED BY RESPONDENTS 4 AND 5 AND THE DETENTION OF THE PETITIONER 4 ON 24/10/2020 AND PRODUCING THE PETITIONERS 1 TO 4 - 4 - NC: 2025:KHC:12162 WP No. 11368 of 2021 BEFORE THE DEPUTY COMMISSIONER OF POLICE- RESPONDENT 6 IS ILLEGAL ABUSIVE OF POWERS CONFERRED UNDER THE PROVISIONS OF CODE OF CRIMINAL PROCEDURE. d) ISSUE DIRECTING THE STATE OF KARNATAKA TO COMPENSATE PETITIONERS 1 TO 4 FOR THE ILLEGAL ACTS COMMITTED BY ITS OFFICERS UNDER THE GUISE OF EXERCISING OF POWERS UNDER THE CODE OF CRIMINAL PROCEDURE AS THE STATE OF KARANTAKA IS VICARIOUSLY LIABLE. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioners being accused Nos.1 to 4 have filed this petition seeking the following reliefs: a. For a Writ of Mandamus directing the investigation of the illegal entry of the Srirampuram Police both in uniform as well as in civil dress on 26/10/2020, and incident of vandalization of petitioners 1 to 3 property bearing No.K-1, 3rd Main Road, 8th cross, Lakshminarayanapuram, Srirampuram, Bangalore-560 021 and investigation of destruction of CCTV installations that occurred on 19/12/2020 by an independent investigating agency under the control of Central Bureau of Investigation - Respondent No. 8 and initiation of Criminal Proceedings against the culprits. b. For a Writ of Certiorari or other appropriate Writ or Direction to quash the proceedings in PAR 21/2020, produced as per Annexure 'F'. - 5 - NC: 2025:KHC:12162 WP No. 11368 of 2021 c. For a declaration that entire proceedings in PAR 21/2020 in Annexure 'F' initiated by Respondents 4 and 5 and the detention of the Petitioner 4 on 24/10/2020, and producing the petitioners 1 to 4 before the Deputy Commissioner of Police - Respondent 6 is illegal abuse of power conferred under the Provisions of Code of Criminal Procedure. d. Directing the State of Karnataka to compensate Petitioners 1 to 4 for the illegal acts committed by its Officers under the guise of exercising of power under the Code of Criminal Procedure as the State of Karnataka is vicariously liable. 2. Heard Smt.V.R. Balaraj, for Sri K. Shivaji Rao, learned counsel for the petitioners, Smt.Yashodha, learned High Court Government Pleader for respondent Nos.1 to 6. Smt.Sunitha H. Singh, learned counsel for respondent No.3 and Sri V.B.Siddaramaiah, learned counsel for respondent Nos.4 and 5. 3. It is stated that, petitioner No.1 is the daughter of petitioner No.2, whereas petitioner Nos. 2 and 3 are sisters. Petitioner No.4 is not connected either with the subject property or with petitioner Nos. 1 to 3. It is the contention of the petitioners that the subject property is the residential house in occupation of petitioner Nos.1 to 3. It is stated that the - 6 - NC: 2025:KHC:12162 WP No. 11368 of 2021 grand mother of petitioner Nos.2 and 3 executed the Will dated 25.01.1978 bequeathing her right over the property in favour of petitioner Nos. 2 and 3 and their elder sister. After the death of the testator in the year 1987, petitioner Nos.2 and 3 and their elder sister amalgamated the khatha in their names and subsequently, demolished the entire structure. During the year 2000, they reconstructed a multi stored building jointly by raising loan from the bank. There was an oral understanding between the sisters to share the rent derived from the property equally. It is stated that there are two residential houses and 10 shops. Petitioner Nos. 2 and 3 were in occupation of two residential houses. However, dispute arose between the sisters and several case and counter cases were registered against one another. Petitioners Nos. 2 and 3 have installed CCTV cameras to record the entry of any person into the property. It is stated that the elder sister of petitioner Nos. 2 and 3 was making attempt to enter into the property, which was being resisted by petitioner Nos. 2 and 3. 4. Admittedly Srirampuram Police submitted a report to the Assistant Commissioner regarding disturbance of public peace due to frequent quarrels between the sisters and - 7 - NC: 2025:KHC:12162 WP No. 11368 of 2021 requested him to initiate action for securing peace in the locality. Accordingly, PAR No.21/2020 came to be registered by the Assistant Commissioner concerned, invoking Sections 116(3), 151 and 107 of Cr.PC, he being the Sub Divisional Magistrate. This initiation of proceedings was on 24.10.2020 against all 3 sisters. 5. It is contended that on 26.10.2020, respondent Nos. 4 and 5 illegally trespassed over the property of petitioner Nos.1 to 3, and vandalized the property by breaking open the locks, steel gates by using angle grinder with an intention to illegally dispossess petitioner Nos. 1 to 3 from the shop premises and to handover the possession to S T Subramanya, Ramdulari and Meera Tiwari. Petitioner Nos. 1 to 3 were subjected to humiliation. 6. It is contended by the petitioner Nos. 1 to 3 that they were running from pillar to post and they contacted one Sri. Devaraj, Personal Assistant for Hon'ble Home Minister over phone. Even though they were asked to meet the Commissioner of Police, their appeal to the Police Officers was in vain. The CCTV footages recorded on 24.10.2020, - 8 - NC: 2025:KHC:12162 WP No. 11368 of 2021 25.10.2020, 26.10.2020 and 19.12.2020 disclose infringement of the fundamental rights of the petitioners. The Police Officials have taken the law into their own hands on 24.10.2020 and 26.10.2020. 7. The petitioners have approached the State and National Commission for Women, and complained about the police atrocities. In spite of clinching evidence i.e., CCTV footages available on record, nobody came to the rescue of the petitioners. The Police Officials were justifying the acts of the respondents. Therefore, the petitioners have sought for issuance of Writ of Mandamus and directing the investigation regarding the high handed acts of the Police Officers who were either in uniform or in civil dress committed on 26.10.2020 and vandalizing the property of petitioner Nos.1 to 3 and causing destruction of CCTV installation on 19.12.2020, by an independent investigating agency. The petitioners also sought for Writ of Certiorari to quash the proceedings in PAR No.21 of 2020 by declaring that the entire proceedings initiated by respondent Nos. 4 and 5, and detention of petitioner No.4 on 24.10.2020 and producing petitioner Nos. 1 to 4 before the - 9 - NC: 2025:KHC:12162 WP No. 11368 of 2021 Deputy Commissioner of Police - respondent No.6 as illegal and to direct the State to compensate the petitioners. 8. On the basis of the allegations made in the petition and the submissions made while addressing the argument, it is noticed that the elder sister of petitioner Nos.2 and 3 is not a party in this petition. It is stated that even though, petitioner No.4 is a party to the petition, he is an outsider. It is not made clear as to the locus-standi of petitioner to file and maintain the petition. 9. It is interesting to note that even though it is stated that the incident had occurred on 26.06.2020. Even if the contentions of the petitioners were to be accepted, no police complaint was filed immediately. Even if the police have not accepted the first information, at least private complaint could have been filed before the learned Magistrate. No such attempt was made by the petitioners till date. It is also interesting to note that the petitioners have contended that, they have installed CCTV cameras to record entry of any person to the property in question, but nothing has been placed on record to support such contention. Even as per the allegations made by - 10 - NC: 2025:KHC:12162 WP No. 11368 of 2021 the petitioners the CCTV installation was destroyed by the police only on 19.12.2020 i.e. long after the alleged incident of police atrocity and vandalism. Under such circumstances, the contentions taken by the petitioners regarding high handed acts and police atrocities cannot be accepted. 10. It is stated that the proceedings under Section 107 of Cr.PC in PAR No.21/2020 was initiated. It is not made known as to whether said proceedings was challenged before the competent authority in accordance with law or not. Even otherwise, the validity of the period of bond referred to in Section 107 Cr.PC will be only for one year. When such proceedings was initiated on 25.10.2020, I do not find any reason to grant any relief in respect of the same, in favour of the petitioner at this length of time. 11. At the time of addressing the argument, learned counsel for the respondents contended that petitioner No.2 and 3 have filed the suit in O.S.No.4853/2019 for partition and separate possession, but subsequently, the said suit came to be dismissed as withdrawn. It is also stated that, another suit was filed by the elder sister of the petitioners seeking similar relief - 11 - NC: 2025:KHC:12162 WP No. 11368 of 2021 of partition and separate possession. But however, neither the learned counsel for the petitioners, nor the learned counsel for the respondents are aware of the result of the said suit. 12. It is stated that when petitioner No.1 filed complaint with the Commissioner of Police on 21.12.2020, as per Annexure-6, he enquired into the allegations made therein, and warned petitioner No.1 not to file such false and frivolous complaint as per Annexure-8 dated 08.04.2021. 13. Even though serious allegations are made in the petition, the same are not supported by any materials. When there is no first information or complaint filed by the petitioners in accordance with law, which could be the basis for initiation of the investigation, I am of the opinion that the petition is liable to be dismissed as devoid of merits. Accordingly, it is dismissed. Sd/- (M G UMA) JUDGE SPV, MKM CT:ANB List No.: 19 Sl No.: 3