- 1 - NC: 2025:KHC:18227-DB W.A. No.740/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MAY, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO.740 OF 2025 (GM-POLICE) BETWEEN: 1. SHREE SHARADHA VIDHYANIKETHAN A REGISTERED SOCIETY REGISTERED UNDER KARNATAKA SOCIETIES ACT HAVING OFFICE AT NO.102 KRISHNA PRASAD APARTMENT DATTAREYA TEMPLE ROAD MALLESHWARAM, BENGALURU-560003. REPRESENTED BY ITS SECRETARY SRI. DHANJAYA .G S/O GANGADHARAIAH AGED ABOUT 46 YEARS R/AT NO.199, SHANTHIDHAMA SUNKADE KATTE, MAGADI MAIN ROAD BENGALURU-560091. …APPELLANT (BY SRI. T. SESHAGIRI RAO, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. 2. THE COMMISSIONER OF POLICE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18227-DB W.A. No.740/2025 BANGALORE CITY POLICE NO.2, ALI ASKER RD, VASANTH NAGAR BENGALURU, KARNATAKA 560051. 3. ASSISTANT COMMISSIONER OF POLICE YELAHANKA CIRCLE BELLARY ROAD, BENGALURU-560064. 4. DEPUTY COMMISSIONER OF POLICE AMRUTH NAGAR MAIN ROAD SECTOR B, AMRUTHNAGAR BYATRAYANAPURA CMO AND OG PART BENGALURU-560092. 5. THE POLICE INSPECTOR VIDHYARANYA PURA POLICE STATION NO. 281, 1ST MAIN ROAD BEL 6TH BLOCK, BEL LAYOUT 7TH BLOCK, H.M.T. LAYOUT VIDYARANYA PURA, BENGALURU-560097. …RESPONDENTS (BY SRI. V. SHIVAREDDY, AGA) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 06.05.2025 ONE PASSED BY THE LEARNED SINGLE JUDGE WP No.13836/2025 AND PASS APPROPRIATE ORDERS BY ALLOWING THE INTERIM PRAYER AS SOUGHT FOR IN WP No.13836/2025 PENDING ON THE FILE SINGLE JUDGE & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH and HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC:18227-DB W.A. No.740/2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE H.P.SANDESH) The counsel appearing for the state submits that there is no any order passed by any of the court or direction given to enter the premises of the appellant/Institution. However, he relies upon that there was an agreement dated 06.03.2017 and in terms of the said document, lease was given till 2033 and the same was also registered. The Trust was running the said institution and to that effect there is a dispute between the parties and M.F.A is also pending before this court. The order passed by this court is very clear that the respondents are also permitted to take note of the observations made by this court and may voluntarily withdraw the police personnel, if there is no specific direction from any court to enter the permises of the appellant’s institution. In view of the submission of the counsel appearing for the state and also not placed any material on record that there was a direction by any of the - 4 - NC: 2025:KHC:18227-DB W.A. No.740/2025 court to provide any police protection, when such being the case, the order is clarified that there was no any such any direction by any of the court, however, having considered the material on record, it appears that there is a dispute with regard to the appellant as well as the ‘knowledge partner’ in terms of the agreement dated 06.03.2017 and liberty is given to the parties to obtain appropriate order before the appropriate forum (Civil Court) since the matter involved is Civil in nature. It is also clarified that the appellants are given directions to allow the police people to conduct the investigation in accordance with law and no need to deploy any Police personnel in the premises and the Police are permitted to access the premises only for the investigation purpose. With this observation, the Writ Appeal is disposed of. Sd/- (H.P.SANDESH) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RHS List No.: 1 Sl No.: 33