- 1 - HC-KAR NC: 2025:KHC:21772 WP No. 13947 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 13947 OF 2025 (GM-RES) BETWEEN: SMT. SAMPANGAMMA W/O LATE SONNEGOWDA, AGED ABOUT 73 YEARS, R/A ANKATHATTI VILLAGE, KASABA HOBLI, KOLAR TALUK AND DIST. 563101. …PETITIONER (BY SRI. SUBRAMANYA H. V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVT. HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE SUPERINTENDENT OF POLICE, KOLAR DISTRICT, KOLAR-563101. 3. THE STATE OF KARNATAKA BY STATION HOUSE OFFICER KOLAR RURAL POLICE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE-560001. …RESPONDENTS (BY SRI.CHANNAPPA ERAPPA., HCGP) Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21772 WP No. 13947 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA AND 482 OF CRPC PRAYING TO DIRECT THE RESPONDENT NO.3 TO CONDUCT PROPER INVESTIGATION AND TO FILE ADDITIONAL CHARGE SHEET FOR THE OFFENCE PUNISHABLE UNDER SECTION 109 OF BNS 2023 IN C.C.NO.31/2025 PENDING ON THE FILE OF THE I ADDL. CIVIL JUDGE (SENIOR DIVISION) AND CJM COURT, KOLAR, KOLAR DIST AGAINST MUNIVENKATAPPA AND OTHERS (ACCUSED THEREIN), IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT 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: "Wherefore, the petitioner most respectfully prays that this Hon'ble Court be pleased to:- a) Issue a Writ of Mandamus, directing the Respondent No.3 to conduct proper investigation and to file additional charge sheet for the offence punishable under Section 109 of BNS 2023 in C.C.No.31/2025 pending on the file of the I Addl. Civil Judge (Senior Division) & CJM Court, Kolar, Kolar Dist against Munivenkatappa and others (Accused therein), in the interest of justice and equity, with respect to the petitioner; - 3 - HC-KAR NC: 2025:KHC:21772 WP No. 13947 of 2025 b) Pass such other orders, as the petitioner is entitled to in the facts and circumstances of the case, including the costs of the proceedings in the interest of justice and equity." 2. Heard the learned Counsel for the petitioner and learned High Court Government Pleader for the respondents and perused the material on record. 3. A perusal of the material on record would indicate that the petitioner has filed a complaint dated 25.07.2024, which was registered as an FIR in Crime No.300/2024. Pursuant to which, the respondent-Police have conducted investigation and charge sheet was filed on 27.11.2024 in C.C.No.31/2025 which is pending before the Trial Court. On 10.09.2024, the petitioner submitted one more representation/complaint to the respondents requesting them to conduct further investigation and include the offence punishable under Section 109 of BNS Act also in the aforesaid proceedings. It is grievance of the petitioner that despite aforesaid request made by the petitioner to conduct further investigation, the respondents have issued - 4 - HC-KAR NC: 2025:KHC:21772 WP No. 13947 of 2025 the impugned endorsement at Annexure-J, dated 20.09.2024 intimating that they would conduct the further investigation only in the event there is a direction from the competent court. Aggrieved by the impugned endorsement at Annexure-J, dated 20.09.2024 and seeking a direction for further investigation and filing additional charge sheet, the petitioner is before this Court by way of the present writ petition. 4. A perusal of the material on record would indicate that the sole reason assigned by the respondents while issuing the impugned endorsement declining to conduct further investigation is that a specific court order is required before they proceed to do so. In this context, it is pertinent to note that in the representation/complaint dated 10.09.2024, the petitioner has narrated in detail as to why further investigation and filing of additional charge sheet was required in the facts and circumstances of the case. - 5 - HC-KAR NC: 2025:KHC:21772 WP No. 13947 of 2025 5. Under these circumstances, having regard to the material on record, I am of the considered opinion that the impugned endorsement at Annexure-J, dated 20.09.2024 deserves to be quashed and necessary directions are to be issued to the respondents to conduct further investigation and file additional charge sheet, if so required in accordance with law. 6. For the reasons stated above, this Court proceeds to pass the following: ORDER (i) The writ petition is hereby allowed. (ii) The impugned endorsement at Annexure-J dated 20.09.2024 is hereby quashed and set aside. (iii) The respondents are hereby directed to conduct further investigation and file additional charge sheet, if so required in accordance with law, as requested by the petitioner in her representation/complaint - 6 - HC-KAR NC: 2025:KHC:21772 WP No. 13947 of 2025 dated 10.09.2024 and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE DL List No.: 2 Sl No.: 54