- 1 - NC: 2025:KHC:18168 WP No. 13697 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MAY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 13697 OF 2025 (GM-POLICE) BETWEEN: SRI. SAKALESH KUMAR .S, S/O. M.S. SRINIVASAPPA, AGED ABOUT 41 YEARS, R/AT SULADENAHALLI VILLAGE, KURUGAL, KOLAR DISTRICT - 563 101. …PETITIONER (BY SRI. AMAR ALEXANDER CORREA, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR BHEEDHI, BENGALURU - 560 001. REP BY ITS SECRETARY 2. DEPUTY SUPERINTENDENT OF POLICE, CEN, CHIKKABALLAPUR DISTRICT, O/AT: ANAKANUR, CHIKKABALLAPUR - 562 101. 3. STATION HOUSE OFFICER, MANCHENAHALLI POLICE STATION, CHIKKABALLAPURA DISTRICT - 561 211. 4. SUPERINTENDENT OF POLICE, CHIKKABALLAPUR DISTRICT, O/AT: ANAKANUR, CHIKKABALLAPUR - 562 101. 5. SUPERINTENDENT OF PRISONS, DISTRICT PRISON, CHIKKABALLAPUR, Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:18168 WP No. 13697 of 2025 O/AT: MARIMAKALAHALLI, ANAKANUR ROAD, ANAKANUR, CHIKKABALLAPUR - 562 101. …RESPONDENTS (BY SRI. H.K. KENCHAGOWDA, AGA) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.5 TO ATTEST THE COMPLAINT OF THE PETITIONER TO BE PRESENTED BEFORE THE JURISDICTIONAL MAGISTRATE THE LEARNED SR. CIVIL JUDGE AND JMFC AT GOWRIDIDANUR AND PERMIT THE PETITIONER TO HAND OVER THE SAME TO HIS FAMILY MEMBER OR LEGAL REPRESENTATIVE IN THE PRISON DURING THE INTERVIEW AND ETC., THIS W.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Petitioner has approached this Court seeking issuance of writ in the nature of Mandamus directing respondent No.5 to countersign/attest the complaint, and to present the same before the Jurisdictional Magistrate i.e, the Court of Senior Civil Judge and JMFC, at Gowribidanur through the family members of the petitioner and also to direct respondent No.5 to produce - 3 - NC: 2025:KHC:18168 WP No. 13697 of 2025 the petitioner before the jurisdictional Magistrate either physically or through video conference. 2. Heard Sri. Amar Alexander Correa, learned counsel for the petitioner and learned AGA for the respondent. Perused the materials on record. 3. It is the contention of the petitioner that the FIR in Cr.No.113/2025 of Manchenahalli police station was registered for the offences punishable under Sections 189(2), 191(2), 191(3), 115(1), 118(1), 109 R/w Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS) and Section 27 of the Arms Act, 1959 against him. 4. It is stated that, in the incident, the petitioner has only acted in self-defence. But he sustained grievous injuries on his head and other parts of the body. The wound certificate issued by the Jain Mission Hospital, Chikkaballapura, is produced as per Annexure-E. It is also the contention of the petitioner that immediately after the incident, the petitioner had in fact given a complaint to the jurisdictional police, which was not acknowledged by the police. It is stated that the - 4 - NC: 2025:KHC:18168 WP No. 13697 of 2025 complaint that was filed by the petitioner was emailed to the Circle Inspector of Police, Chikkaballapura Police, on the very date of incident in the midnight. It is further contended that even respondent No.5 is not attesting or countersigning the complaint for filing private complaint. 5. Considering the materials on record in the light of the contentions taken by the petitioner, I am of the opinion that the petitioner is entitled for issuance of writ of mandamus, directing respondent No.5 to countersign/attest to the complaint to be filed by the petitioner before the Jurisdictional Magistrate. However, it is for the jurisdictional Magistrate to direct the Prison Authority either to produce the petitioner either physically or through video conference as and when the necessity arises. Hence, I proceed to pass the following: ORDER (i) Writ petition is allowed. (ii) Respondent No.5 is directed to countersign/attest the complaint, and the affidavit to be filed by the petitioner before the Jurisdictional - 5 - NC: 2025:KHC:18168 WP No. 13697 of 2025 Magistrate and permit the petitioner to handover the same to his family members for presentation before the Court. Hand delivery of the order is permitted. Sd/- (M G UMA) JUDGE BH List No.: 1 Sl No.: 52